81_FR_274 81 FR 272 - 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

81 FR 272 - 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 2 (January 5, 2016)

Page Range272-278
FR Document2015-32363

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for Limerick Generating Station, Unit 1, and Browns Ferry Nuclear Plant, Unit 1. The NRC proposes to determine that the amendment requests involve no significant hazards consideration. In addition, each amendment request contains sensitive unclassified non-safeguards information (SUNSI).

Federal Register, Volume 81 Issue 2 (Tuesday, January 5, 2016)
[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Pages 272-278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32363]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2015-0277]


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 two amendment requests. The amendment requests 
are for Limerick Generating Station, Unit 1, and Browns Ferry Nuclear 
Plant, Unit 1. The NRC proposes to determine that the amendment 
requests involve no significant hazards consideration. In addition, 
each amendment request contains sensitive unclassified non-safeguards 
information (SUNSI).

DATES: Comments must be filed by February 4, 2016. A request for a 
hearing must be filed by March 7, 2016.

[[Page 273]]

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 January 15, 
2016.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0277. 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: Janet Burkhardt, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1384, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0277 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0277.
     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-2015-0277, facility name, unit 
number(s), application date, and subject in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. 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

[[Page 274]]

O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. 
The NRC's regulations are accessible electronically from the NRC 
Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to 
intervene is filed within 60 days, the Commission or a presiding 
officer designated by the Commission or by the Chief Administrative 
Judge of the Atomic Safety and Licensing Board Panel, will rule on the 
request and/or petition; and the Secretary or the Chief Administrative 
Judge of the Atomic Safety and Licensing Board will issue a notice of a 
hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's 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 March 
7, 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 
March 7, 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

[[Page 275]]

hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[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 the license amendment 
applications, see the applications for amendment which are available 
for public inspection at the NRC's PDR. For additional direction on 
obtaining information related to this document, see the ``Obtaining 
Information and Submitting Comments,'' section of this document.

Exelon Generation Company, LLC, Docket No. 50-352, Limerick Generating 
Station (LGS), Unit 1, Montgomery County, Pennsylvania

    Date of amendment request: November 19, 2015. A publicly-available 
version is in ADAMS under Accession No. ML15323A257.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
change modifies Technical Specification (TS) 2.1, ``Safety Limits,'' 
related to the Safety Limit Minimum Critical Power Ratios (SLMCPRs). 
Specifically, the proposed change results from a cycle specific 
analysis performed to support the operation of LGS, Unit 1, in the 
upcoming Cycle 17. The proposed change involves revising the SLMCPRs 
contained in TS 2.1 for two recirculation loop operation and single 
recirculation loop operation.
    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 with the NRC staff's edits in 
square brackets:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The derivation of the cycle specific Safety Limit Minimum 
Critical Power Ratios (SLMCPRs) for incorporation into the Technical 
Specifications (TS), and their use to determine cycle specific 
thermal limits, has been performed using the methodology

[[Page 276]]

discussed in NEDE-24011-P-A, ``General Electric Standard Application 
for Reactor Fuel,'' Revision 21.
    The basis of the SLMCPR calculation is to reasonably assure that 
during normal operation and during anticipated operational 
transients, at least 99.9% of all fuel rods in the core do not 
experience transition boiling if the limit is not violated. The new 
SLMCPRs preserve the existing margin to transition boiling.
    The MCPR safety limit is reevaluated for each reload using NRC-
approved methodologies. The analyses for LGS, Unit 1 Cycle 17, have 
concluded that a two recirculation loop MCPR safety limit of >=1.10, 
based on the application of Global Nuclear Fuel's NRC-approved MCPR 
safety limit methodology, will ensure that this acceptance criterion 
is met. For single recirculation loop operation, a MCPR safety limit 
of >=1.14 also ensures that this acceptance criterion is met. The 
MCPR operating limits are presented and controlled in accordance 
with the LGS, Unit 1, Core Operating Limits Report (COLR).
    The requested TS changes do not involve any additional plant 
modifications or operational changes that could affect system 
reliability or performance or that could affect the probability of 
operator error. The requested changes do not affect any postulated 
accident precursors, do not affect any accident mitigating systems, 
and do not introduce any new accident initiation mechanisms.
    Therefore, the proposed TS changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The SLMCPR is a TS numerical value, calculated to ensure that 
during normal operation and during anticipated operational 
transients, at least 99.9% of all fuel rods in the core do not 
experience transition boiling if the limit is not violated. The new 
SLMCPRs are calculated using [the] NRC-approved methodology 
discussed in NEDE-24011-P-A, ``General Electric Standard Application 
for Reactor Fuel,'' Revision 21. The proposed changes do not involve 
any new modes of operation, any changes to setpoints, or any plant 
modifications. The proposed revised MCPR safety limits have been 
shown to be acceptable for Cycle 17 operation with the MELLLA+ 
operating domain. The core operating limits will continue to be 
developed using NRC-approved methods. The proposed MCPR safety 
limits or methods for establishing the core operating limits do not 
result in the creation of any new precursors to an accident.
    Therefore, this proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    There is no significant reduction in the margin of safety 
previously approved by the NRC as a result of the proposed change to 
the SLMCPRs. The new SLMCPRs are calculated using methodology 
discussed in NEDE-24011-P-A, ``General Electric Standard Application 
for Reactor Fuel,'' Revision 21. The SLMCPRs ensure that, during 
normal operation and during anticipated operational transients, at 
least 99.9% of all fuel rods in the core do not experience 
transition boiling if the limits are not violated, thereby 
preserving the fuel cladding integrity.
    Therefore, the proposed TS changes do not involve a significant 
reduction in the margin of safety previously approved by the NRC.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, 
Illinois 60555.
    NRC Branch Chief: Douglas A. Broaddus.

Tennessee Valley Authority, Docket No. 50-259, Browns Ferry Nuclear 
Plant (BFN), Unit 1, Limestone County, Alabama

    Date of amendment request: September 25, 2015. A publicly-available 
version is in ADAMS under Accession No. ML15268A566.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would modify the Technical Specification (TS) 2.1.1.2 value 
of the safety limit minimum critical power ratio (SLMCPR) for two-loop 
operation to 1.06 and the SLMCPR for single loop operation to 1.08. The 
revised SLMCPR values would reflect a reduction from the current 
values, supported by the application of the SAFLIM3D methodology 
approved by addition of analytical methodologies to TS 5.6.5 for BFN, 
Units 1, 2, and 3 (ADAMS Accession No. ML14113A286).
    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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed TS revision is based on the implementation of a 
previously approved methodology [by the NRC staff for BFN Unit 2 in 
2014 (ML14108A334). Based on experience with the methodology as 
implemented at BFN Unit 2, this revision will involve] no changes to 
the operation of any system or component during normal, accident, or 
transient operating conditions. The change does not affect the 
initiators of any accident.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed reduction of the SLMCPR values is based upon 
previously approved methodologies and does not involve changes to 
the plant hardware or its operating characteristics. As a result, no 
new failure modes are being introduced.
    Therefore, the change does not introduce a new or different kind 
of accident from those previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in the margin of safety?
    Response: No.
    The margin of safety is established through the design of plant 
structures, systems, and components, and through the parameters for 
safe operation and setpoints of equipment relied upon to respond to 
transients and design basis accidents. The proposed change in SLMCPR 
does not change the requirements governing operation or availability 
of safety equipment assumed to operate to preserve the margin of 
safety. The change does not alter the behavior of the plant 
equipment.
    The reduction of the SLMCPR values does not change the 
requirement that no more than 0.1% of fuel rods in the core 
experience boiling transition during normal operation and 
anticipated operational occurrences.
    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: General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Dr., WT 6A, Knoxville, Tennessee 37902.
    NRC Branch Chief: Benjamin G. Beasley.

[[Page 277]]

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

Exelon Generation Company, LLC, Docket No. 50-352, Limerick Generating 
Station, Unit 1, Montgomery County, Pennsylvania

Tennessee Valley Authority, Docket No. 50-259, Browns Ferry Nuclear 
Plant, Unit 1, Limestone County, Alabama

    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.
    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 16th day of December, 2015.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

[[Page 278]]

ATTACHMENT 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information in This Proceeding

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

[FR Doc. 2015-32363 Filed 1-4-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                    272                            Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices

                                                    been created, the participant can then                  responsible for serving the document on                are listed in the Safety Evaluation
                                                    submit a request for hearing or petition                all other participants. Filing is                      enclosed with the amendment.
                                                    for leave to intervene. Submissions                     considered complete by first-class mail                   Facility Operating License No. NPF–
                                                    should be in Portable Document Format                   as of the time of deposit in the mail, or              76: The amendment revised the Facility
                                                    (PDF) in accordance with NRC guidance                   by courier, express mail, or expedited                 Operating License and TSs.
                                                    available on the NRC’s public Web site                  delivery service upon depositing the                      Public comments requested as to
                                                    at http://www.nrc.gov/site-help/e-                      document with the provider of the                      proposed no significant hazards
                                                    submittals.html. A filing is considered                 service. A presiding officer, having                   consideration (NSHC): No.
                                                    complete at the time the documents are                  granted an exemption request from                         The Commission’s related evaluation
                                                    submitted through the NRC’s E-Filing                    using E-Filing, may require a participant              of the amendment, finding of emergency
                                                    system. To be timely, an electronic                     or party to use E-Filing if the presiding              circumstances, state consultation, and
                                                    filing must be submitted to the E-Filing                officer subsequently determines that the               final NSHC determination are contained
                                                    system no later than 11:59 p.m. Eastern                 reason for granting the exemption from                 in a Safety Evaluation dated December
                                                    Time on the due date. Upon receipt of                   use of E-Filing no longer exists.                      11, 2015.
                                                    a transmission, the E-Filing system                        Documents submitted in adjudicatory                    Attorney for licensee: Steve Frantz,
                                                    time-stamps the document and sends                      proceedings will appear in the NRC’s                   Esq., Morgan, Lewis & Bockius, 1111
                                                    the submitter an email notice                           electronic hearing docket which is                     Pennsylvania Avenue NW., Washington,
                                                    confirming receipt of the document. The                 available to the public at http://                     DC 20004.
                                                    E-Filing system also distributes an email               ehd1.nrc.gov/ehd/, unless excluded                        NRC Branch Chief: Robert J.
                                                    notice that provides access to the                      pursuant to an order of the Commission,                Pascarelli.
                                                    document to the NRC’s Office of the                     or the presiding officer. Participants are
                                                                                                                                                                     Dated at Rockville, Maryland, this 29th day
                                                    General Counsel and any others who                      requested not to include personal                      of December, 2015.
                                                    have advised the Office of the Secretary                privacy information, such as social
                                                                                                                                                                     For the Nuclear Regulatory Commission.
                                                    that they wish to participate in the                    security numbers, home addresses, or
                                                                                                            home phone numbers in their filings,                   Anne T. Boland,
                                                    proceeding, so that the filer need not
                                                    serve the documents on those                            unless an NRC regulation or other law                  Director, Division of Operating Reactor
                                                                                                            requires submission of such                            Licensing, Office of Nuclear Reactor
                                                    participants separately. Therefore,
                                                                                                                                                                   Regulation.
                                                    applicants and other participants (or                   information. However, in some
                                                                                                                                                                   [FR Doc. 2015–33260 Filed 1–4–16; 8:45 am]
                                                    their counsel or representative) must                   instances, a request to intervene will
                                                    apply for and receive a digital ID                      require including information on local                 BILLING CODE 7590–01–P

                                                    certificate before a hearing request/                   residence in order to demonstrate a
                                                    petition to intervene is filed so that they             proximity assertion of interest in the
                                                    can obtain access to the document via                   proceeding. With respect to copyrighted                NUCLEAR REGULATORY
                                                    the E-Filing system.                                    works, except for limited excerpts that                COMMISSION
                                                       A person filing electronically using                 serve the purpose of the adjudicatory                  [NRC–2015–0277]
                                                    the NRC’s adjudicatory E-Filing system                  filings and would constitute a Fair Use
                                                    may seek assistance by contacting the                   application, participants are requested                Applications and Amendments to
                                                    NRC Meta System Help Desk through                       not to include copyrighted materials in                Facility Operating Licenses and
                                                    the ‘‘Contact Us’’ link located on the                  their submission.                                      Combined Licenses Involving
                                                    NRC’s public Web site at http://                                                                               Proposed No Significant Hazards
                                                    www.nrc.gov/site-help/e-                                STP Nuclear Operating Company,                         Considerations and Containing
                                                    submittals.html, by email to                            Docket No. 50–498, South Texas Project,                Sensitive Unclassified Non-Safeguards
                                                    MSHD.Resource@nrc.gov, or by a toll-                    Unit 1, Matagorda County, Texas                        Information and Order Imposing
                                                    free call at 1–866–672–7640. The NRC                       Date of amendment request:                          Procedures for Access to Sensitive
                                                    Meta System Help Desk is available                      December 3, 2015, as supplemented by                   Unclassified Non-Safeguards
                                                    between 8 a.m. and 8 p.m., Eastern                      letter dated December 9, 2015.                         Information
                                                    Time, Monday through Friday,                               Brief description of amendment: The
                                                    excluding government holidays.                          amendment added a footnote to                          AGENCY:  Nuclear Regulatory
                                                       Participants who believe that they                   Technical Specification (TS) 5.3.2,                    Commission.
                                                    have a good cause for not submitting                    ‘‘Control Rod Assemblies,’’ to permit                  ACTION: License amendment request;
                                                    documents electronically must file an                   operation with 56 full-length control                  opportunity to comment, request a
                                                    exemption request, in accordance with                   rods during Unit 1 Cycle 20 instead of                 hearing, and petition for leave to
                                                    10 CFR 2.302(g), with their initial paper               the normal 57 full-length control rod                  intervene; order.
                                                    filing requesting authorization to                      assemblies. This extension will allow
                                                    continue to submit documents in paper                   completion of plans to repair or replace               SUMMARY:   The U.S. Nuclear Regulatory
                                                    format. Such filings must be submitted                  a single unreliable control rod. This                  Commission (NRC) received and is
                                                    by: (1) First class mail addressed to the               amendment was necessitated by the                      considering approval of two amendment
                                                    Office of the Secretary of the                          discovery of the unreliable control rod                requests. The amendment requests are
                                                    Commission, U.S. Nuclear Regulatory                     during start up testing following the                  for Limerick Generating Station, Unit 1,
                                                    Commission, Washington, DC 20555–                       recently completed Unit 1 refueling                    and Browns Ferry Nuclear Plant, Unit 1.
                                                    0001, Attention: Rulemaking and                                                                                The NRC proposes to determine that the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            outage.
                                                    Adjudications Staff; or (2) courier,                       Date of issuance: December 11, 2015.                amendment requests involve no
                                                    express mail, or expedited delivery                        Effective date: As of the date of                   significant hazards consideration. In
                                                    service to the Office of the Secretary,                 issuance and shall be implemented                      addition, each amendment request
                                                    Sixteenth Floor, One White Flint North,                 within 24 hours of its date of issuance.               contains sensitive unclassified non-
                                                    11555 Rockville Pike, Rockville,                           Amendment No.: Unit 1—208. A                        safeguards information (SUNSI).
                                                    Maryland 20852, Attention: Rulemaking                   publicly-available version is in ADAMS                 DATES: Comments must be filed by
                                                    and Adjudications Staff. Participants                   under Accession No. ML15343A128;                       February 4, 2016. A request for a
                                                    filing a document in this manner are                    documents related to this amendment                    hearing must be filed by March 7, 2016.


                                               VerDate Sep<11>2014   18:43 Jan 04, 2016   Jkt 238001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                                                   Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices                                               273

                                                    Any potential party as defined in § 2.4                 ADAMS) is provided the first time that                 no significant hazards consideration.
                                                    of title 10 of the Code of Federal                      it is mentioned in the SUPPLEMENTARY                   Under the Commission’s regulations in
                                                    Regulations (10 CFR), who believes                      INFORMATION section.                                   10 CFR 50.92, this means that operation
                                                    access to SUNSI is necessary to respond                    • NRC’s PDR: You may examine and                    of the facility in accordance with the
                                                    to this notice must request document                    purchase copies of public documents at                 proposed amendment would not (1)
                                                    access by January 15, 2016.                             the NRC’s PDR, Room O1–F21, One                        involve a significant increase in the
                                                    ADDRESSES: You may submit comments                      White Flint North, 11555 Rockville                     probability or consequences of an
                                                    by any of the following methods (unless                 Pike, Rockville, Maryland 20852.                       accident previously evaluated, or (2)
                                                    this document describes a different                                                                            create the possibility of a new or
                                                                                                            B. Submitting Comments
                                                    method for submitting comments on a                                                                            different kind of accident from any
                                                    specific subject):                                        Please include Docket ID NRC–2015–                   accident previously evaluated, or (3)
                                                      • Federal Rulemaking Web site: Go to                  0277, facility name, unit number(s),                   involve a significant reduction in a
                                                    http://www.regulations.gov and search                   application date, and subject in your                  margin of safety. The basis for this
                                                    for Docket ID NRC–2015–0277. Address                    comment submission.                                    proposed determination for each
                                                    questions about NRC dockets to Carol                      The NRC cautions you not to include                  amendment request is shown below.
                                                    Gallagher; telephone: 301–415–3463;                     identifying or contact information that                   The Commission is seeking public
                                                    email: Carol.Gallagher@nrc.gov. For                     you do not want to be publicly                         comments on this proposed
                                                    technical questions, contact the                        disclosed in your comment submission.                  determination. Any comments received
                                                    individual listed in the FOR FURTHER                    The NRC posts all comment                              within 30 days after the date of
                                                    INFORMATION CONTACT section of this                     submissions at http://                                 publication of this notice will be
                                                    document.                                               www.regulations.gov as well as entering                considered in making any final
                                                      • Mail comments to: Cindy Bladey,                     the comment submissions into ADAMS.                    determination.
                                                    Office of Administration, Mail Stop:                    The NRC does not routinely edit                           Normally, the Commission will not
                                                    OWFN–12–H08, U.S. Nuclear                               comment submissions to remove                          issue the amendment until the
                                                    Regulatory Commission, Washington,                      identifying or contact information.                    expiration of 60 days after the date of
                                                    DC 20555–0001.                                            If you are requesting or aggregating                 publication of this notice. The
                                                      For additional direction on obtaining                 comments from other persons for                        Commission may issue the license
                                                    information and submitting comments,                    submission to the NRC, then you should                 amendment before expiration of the 60-
                                                    see ‘‘Obtaining Information and                         inform those persons not to include                    day period provided that its final
                                                    Submitting Comments’’ in the                            identifying or contact information that                determination is that the amendment
                                                    SUPPLEMENTARY INFORMATION section of                    they do not want to be publicly                        involves no significant hazards
                                                    this document.                                          disclosed in their comment submission.                 consideration. In addition, the
                                                    FOR FURTHER INFORMATION CONTACT:                        Your request should state that the NRC                 Commission may issue the amendment
                                                    Janet Burkhardt, Office of Nuclear                      does not routinely edit comment                        prior to the expiration of the 30-day
                                                    Reactor Regulation, U.S. Nuclear                        submissions to remove such information                 comment period should circumstances
                                                                                                            before making the comment                              change during the 30-day comment
                                                    Regulatory Commission, Washington,
                                                                                                            submissions available to the public or                 period such that failure to act in a
                                                    DC 20555–0001; telephone: 301–415–
                                                                                                            entering the comment submissions into                  timely way would result, for example,
                                                    1384, email: Janet.Burkhardt@nrc.gov.
                                                                                                            ADAMS.                                                 in derating or shutdown of the facility.
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   Should the Commission take action
                                                                                                            II. Background                                         prior to the expiration of either the
                                                    I. Obtaining Information and
                                                    Submitting Comments                                        Pursuant to Section 189a.(2) of the                 comment period or the notice period, it
                                                                                                            Atomic Energy Act of 1954, as amended                  will publish a notice of issuance in the
                                                    A. Obtaining Information                                (the Act), the NRC is publishing this                  Federal Register. Should the
                                                       Please refer to Docket ID NRC–2015–                  notice. The Act requires the                           Commission make a final No Significant
                                                    0277 when contacting the NRC about                      Commission to publish notice of any                    Hazards Consideration Determination,
                                                    the availability of information for this                amendments issued, or proposed to be                   any hearing will take place after
                                                    action. You may obtain publicly-                        issued and grants the Commission the                   issuance. The Commission expects that
                                                    available information related to this                   authority to issue and make                            the need to take this action will occur
                                                    action by any of the following methods:                 immediately effective any amendment                    very infrequently.
                                                       • Federal Rulemaking Web site: Go to                 to an operating license or combined
                                                    http://www.regulations.gov and search                                                                          A. Opportunity To Request a Hearing
                                                                                                            license, as applicable, upon a                         and Petition for Leave To Intervene
                                                    for Docket ID NRC–2015–0277.                            determination by the Commission that
                                                       • NRC’s Agencywide Documents                         such amendment involves no significant                   Within 60 days after the date of
                                                    Access and Management System                            hazards consideration, notwithstanding                 publication of this notice, any person(s)
                                                    (ADAMS): You may obtain publicly-                       the pendency before the Commission of                  whose interest may be affected by this
                                                    available documents online in the                       a request for a hearing from any person.               action may file a request for a hearing
                                                    ADAMS Public Documents collection at                       This notice includes notices of                     and a petition to intervene with respect
                                                    http://www.nrc.gov/reading-rm/                          amendments containing SUNSI.                           to issuance of the amendment to the
                                                    adams.html .To begin the search, select                                                                        subject facility operating license or
                                                    ‘‘ADAMS Public Documents’’ and then                     III. Notice of Consideration of Issuance               combined license. Requests for a
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    select ‘‘Begin Web-based ADAMS                          of Amendments to Facility Operating                    hearing and a petition for leave to
                                                    Search.’’ For problems with ADAMS,                      Licenses and Combined Licenses,                        intervene shall be filed in accordance
                                                    please contact the NRC’s Public                         Proposed No Significant Hazards                        with the Commission’s ‘‘Agency Rules
                                                    Document Room (PDR) reference staff at                  Consideration Determination, and                       of Practice and Procedure’’ in 10 CFR
                                                    1–800–397–4209, 301–415–4737, or by                     Opportunity for a Hearing                              part 2. Interested person(s) should
                                                    email to pdr.resource@nrc.gov. The                         The Commission has made a                           consult a current copy of 10 CFR 2.309,
                                                    ADAMS accession number for each                         proposed determination that the                        which is available at the NRC’s PDR,
                                                    document referenced (if it is available in              following amendment requests involve                   located at One White Flint North, Room


                                               VerDate Sep<11>2014   18:43 Jan 04, 2016   Jkt 238001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                    274                            Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices

                                                    O1–F21, 11555 Rockville Pike (first                     petitioner to relief. A requestor/                     leave to intervene set forth in this
                                                    floor), Rockville, Maryland 20852. The                  petitioner who fails to satisfy these                  section, except that under § 2.309(h)(2)
                                                    NRC’s regulations are accessible                        requirements with respect to at least one              a State, local governmental body, or
                                                    electronically from the NRC Library on                  contention will not be permitted to                    Federally-recognized Indian tribe, or
                                                    the NRC’s Web site at http://                           participate as a party.                                agency thereof does not need to address
                                                    www.nrc.gov/reading-rm/doc-                                Those permitted to intervene become                 the standing requirements in 10 CFR
                                                    collections/cfr/. If a request for a hearing            parties to the proceeding, subject to any              2.309(d) if the facility is located within
                                                    or petition for leave to intervene is filed             limitations in the order granting leave to             its boundaries. A State, local
                                                    within 60 days, the Commission or a                     intervene, and have the opportunity to                 governmental body, Federally-
                                                    presiding officer designated by the                     participate fully in the conduct of the                recognized Indian tribe, or agency
                                                    Commission or by the Chief                              hearing with respect to resolution of                  thereof may also have the opportunity to
                                                    Administrative Judge of the Atomic                      that person’s admitted contentions,                    participate under 10 CFR 2.315(c).
                                                    Safety and Licensing Board Panel, will                  including the opportunity to present                      If a hearing is granted, any person
                                                    rule on the request and/or petition; and                evidence and to submit a cross-                        who does not wish, or is not qualified,
                                                    the Secretary or the Chief                              examination plan for cross-examination                 to become a party to the proceeding
                                                    Administrative Judge of the Atomic                      of witnesses, consistent with NRC                      may, in the discretion of the presiding
                                                    Safety and Licensing Board will issue a                 regulations, policies and procedures.                  officer, be permitted to make a limited
                                                    notice of a hearing or an appropriate                      Petitions for leave to intervene must               appearance pursuant to the provisions
                                                    order.                                                  be filed no later than 60 days from the                of 10 CFR 2.315(a). A person making a
                                                       As required by 10 CFR 2.309, a                       date of publication of this notice.                    limited appearance may make an oral or
                                                    petition for leave to intervene shall set               Requests for hearing, petitions for leave              written statement of position on the
                                                    forth with particularity the interest of                to intervene, and motions for leave to                 issues, but may not otherwise
                                                    the petitioner in the proceeding, and                   file new or amended contentions that                   participate in the proceeding. A limited
                                                    how that interest may be affected by the                are filed after the 60-day deadline will               appearance may be made at any session
                                                    results of the proceeding. The petition                 not be entertained absent a                            of the hearing or at any prehearing
                                                    should specifically explain the reasons                 determination by the presiding officer                 conference, subject to the limits and
                                                    why intervention should be permitted                    that the filing demonstrates good cause                conditions as may be imposed by the
                                                    with particular reference to the                        by satisfying the three factors in 10 CFR              presiding officer. Persons desiring to
                                                    following general requirements: (1) The                 2.309(c)(1)(i)–(iii).                                  make a limited appearance are
                                                    name, address, and telephone number of                     If a hearing is requested, and the                  requested to inform the Secretary of the
                                                    the requestor or petitioner; (2) the                    Commission has not made a final                        Commission by March 7, 2016.
                                                    nature of the requestor’s/petitioner’s                  determination on the issue of no
                                                                                                            significant hazards consideration, the                 B. Electronic Submissions (E-Filing)
                                                    right under the Act to be made a party
                                                    to the proceeding; (3) the nature and                   Commission will make a final                              All documents filed in NRC
                                                    extent of the requestor’s/petitioner’s                  determination on the issue of no                       adjudicatory proceedings, including a
                                                    property, financial, or other interest in               significant hazards consideration. The                 request for hearing, a petition for leave
                                                    the proceeding; and (4) the possible                    final determination will serve to decide               to intervene, any motion or other
                                                    effect of any decision or order which                   when the hearing is held. If the final                 document filed in the proceeding prior
                                                    may be entered in the proceeding on the                 determination is that the amendment                    to the submission of a request for
                                                    requestor’s/petitioner’s interest. The                  request involves no significant hazards                hearing or petition to intervene, and
                                                    petition must also set forth the specific               consideration, the Commission may                      documents filed by interested
                                                    contentions which the requestor/                        issue the amendment and make it                        governmental entities participating
                                                    petitioner seeks to have litigated at the               immediately effective, notwithstanding                 under 10 CFR 2.315(c), must be filed in
                                                    proceeding.                                             the request for a hearing. Any hearing                 accordance with the NRC’s E-Filing rule
                                                       Each contention must consist of a                    held would take place after issuance of                (72 FR 49139; August 28, 2007). The E-
                                                    specific statement of the issue of law or               the amendment. If the final                            Filing process requires participants to
                                                    fact to be raised or controverted. In                   determination is that the amendment                    submit and serve all adjudicatory
                                                    addition, the requestor/petitioner shall                request involves a significant hazards                 documents over the internet, or in some
                                                    provide a brief explanation of the bases                consideration, then any hearing held                   cases to mail copies on electronic
                                                    for the contention and a concise                        would take place before the issuance of                storage media. Participants may not
                                                    statement of the alleged facts or expert                any amendment unless the Commission                    submit paper copies of their filings
                                                    opinion which support the contention                    finds an imminent danger to the health                 unless they seek an exemption in
                                                    and on which the requestor/petitioner                   or safety of the public, in which case it              accordance with the procedures
                                                    intends to rely in proving the contention               will issue an appropriate order or rule                described below.
                                                    at the hearing. The requestor/petitioner                under 10 CFR part 2.                                      To comply with the procedural
                                                    must also provide references to those                      A State, local governmental body,                   requirements of E-Filing, at least 10
                                                    specific sources and documents of                       Federally-recognized Indian tribe, or                  days prior to the filing deadline, the
                                                    which the petitioner is aware and on                    agency thereof, may submit a petition to               participant should contact the Office of
                                                    which the requestor/petitioner intends                  the Commission to participate as a party               the Secretary by email at
                                                    to rely to establish those facts or expert              under 10 CFR 2.309(h)(1). The petition                 hearing.docket@nrc.gov, or by telephone
                                                    opinion. The petition must include                      should state the nature and extent of the              at 301–415–1677, to request (1) a digital
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    sufficient information to show that a                   petitioner’s interest in the proceeding.               identification (ID) certificate, which
                                                    genuine dispute exists with the                         The petition should be submitted to the                allows the participant (or its counsel or
                                                    applicant on a material issue of law or                 Commission by March 7, 2016. The                       representative) to digitally sign
                                                    fact. Contentions shall be limited to                   petition must be filed in accordance                   documents and access the E-Submittal
                                                    matters within the scope of the                         with the filing instructions in the                    server for any proceeding in which it is
                                                    amendment under consideration. The                      ‘‘Electronic Submissions (E-Filing)’’                  participating; and (2) advise the
                                                    contention must be one which, if                        section of this document, and should                   Secretary that the participant will be
                                                    proven, would entitle the requestor/                    meet the requirements for petitions for                submitting a request or petition for


                                               VerDate Sep<11>2014   18:43 Jan 04, 2016   Jkt 238001   PO 00000   Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                                                   Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices                                                    275

                                                    hearing (even in instances in which the                 that they wish to participate in the                   security numbers, home addresses, or
                                                    participant, or its counsel or                          proceeding, so that the filer need not                 home phone numbers in their filings,
                                                    representative, already holds an NRC-                   serve the documents on those                           unless an NRC regulation or other law
                                                    issued digital ID certificate). Based upon              participants separately. Therefore,                    requires submission of such
                                                    this information, the Secretary will                    applicants and other participants (or                  information. However, in some
                                                    establish an electronic docket for the                  their counsel or representative) must                  instances, a request to intervene will
                                                    hearing in this proceeding if the                       apply for and receive a digital ID                     require including information on local
                                                    Secretary has not already established an                certificate before a hearing request/                  residence in order to demonstrate a
                                                    electronic docket.                                      petition to intervene is filed so that they            proximity assertion of interest in the
                                                       Information about applying for a                     can obtain access to the document via                  proceeding. With respect to copyrighted
                                                    digital ID certificate is available on the              the E-Filing system.                                   works, except for limited excerpts that
                                                    NRC’s public Web site at http://                           A person filing electronically using                serve the purpose of the adjudicatory
                                                    www.nrc.gov/site-help/e-submittals/                     the NRC’s adjudicatory E-Filing system                 filings and would constitute a Fair Use
                                                    getting-started.html. System                            may seek assistance by contacting the                  application, participants are requested
                                                    requirements for accessing the E-                       NRC Meta System Help Desk through                      not to include copyrighted materials in
                                                    Submittal server are detailed in the                    the ‘‘Contact Us’’ link located on the                 their submission.
                                                    NRC’s ‘‘Guidance for Electronic                         NRC’s public Web site at http://                          For further details with respect to the
                                                    Submission,’’ which is available on the                 www.nrc.gov/site-help/e-                               license amendment applications, see the
                                                    agency’s public Web site at http://                     submittals.html, by email to                           applications for amendment which are
                                                    www.nrc.gov/site-help/e-                                MSHD.Resource@nrc.gov, or by a toll-                   available for public inspection at the
                                                    submittals.html. Participants may                       free call at 1–866–672–7640. The NRC                   NRC’s PDR. For additional direction on
                                                    attempt to use other software not listed                Meta System Help Desk is available                     obtaining information related to this
                                                    on the Web site, but should note that the               between 8 a.m. and 8 p.m., Eastern                     document, see the ‘‘Obtaining
                                                    NRC’s E-Filing system does not support                  Time, Monday through Friday,                           Information and Submitting
                                                    unlisted software, and the NRC Meta                     excluding government holidays.                         Comments,’’ section of this document.
                                                    System Help Desk will not be able to                       Participants who believe that they
                                                    offer assistance in using unlisted                      have a good cause for not submitting                   Exelon Generation Company, LLC,
                                                    software.                                               documents electronically must file an                  Docket No. 50–352, Limerick Generating
                                                       If a participant is electronically                   exemption request, in accordance with                  Station (LGS), Unit 1, Montgomery
                                                    submitting a document to the NRC in                     10 CFR 2.302(g), with their initial paper              County, Pennsylvania
                                                    accordance with the E-Filing rule, the                  filing requesting authorization to                        Date of amendment request:
                                                    participant must file the document                      continue to submit documents in paper                  November 19, 2015. A publicly-
                                                    using the NRC’s online, Web-based                       format. Such filings must be submitted                 available version is in ADAMS under
                                                    submission form. In order to serve                      by: (1) First class mail addressed to the              Accession No. ML15323A257.
                                                    documents through the Electronic                        Office of the Secretary of the                            Description of amendment request:
                                                    Information Exchange System, users                      Commission, U.S. Nuclear Regulatory                    This amendment request contains
                                                    will be required to install a Web                       Commission, Washington, DC 20555–                      sensitive unclassified non-safeguards
                                                    browser plug-in from the NRC’s Web                      0001, Attention: Rulemaking and                        information (SUNSI). The proposed
                                                    site. Further information on the Web-                   Adjudications Staff; or (2) courier,                   change modifies Technical Specification
                                                    based submission form, including the                    express mail, or expedited delivery                    (TS) 2.1, ‘‘Safety Limits,’’ related to the
                                                    installation of the Web browser plug-in,                service to the Office of the Secretary,                Safety Limit Minimum Critical Power
                                                    is available on the NRC’s public Web                    Sixteenth Floor, One White Flint North,                Ratios (SLMCPRs). Specifically, the
                                                    site at http://www.nrc.gov/site-help/e-                 11555 Rockville Pike, Rockville,
                                                                                                                                                                   proposed change results from a cycle
                                                    submittals.html.                                        Maryland 20852, Attention: Rulemaking
                                                                                                                                                                   specific analysis performed to support
                                                       Once a participant has obtained a                    and Adjudications Staff. Participants
                                                    digital ID certificate and a docket has                                                                        the operation of LGS, Unit 1, in the
                                                                                                            filing a document in this manner are
                                                    been created, the participant can then                                                                         upcoming Cycle 17. The proposed
                                                                                                            responsible for serving the document on
                                                    submit a request for hearing or petition                                                                       change involves revising the SLMCPRs
                                                                                                            all other participants. Filing is
                                                    for leave to intervene. Submissions                                                                            contained in TS 2.1 for two
                                                                                                            considered complete by first-class mail
                                                    should be in Portable Document Format                                                                          recirculation loop operation and single
                                                                                                            as of the time of deposit in the mail, or
                                                    (PDF) in accordance with NRC guidance                                                                          recirculation loop operation.
                                                                                                            by courier, express mail, or expedited
                                                    available on the NRC’s public Web site                                                                            Basis for proposed no significant
                                                                                                            delivery service upon depositing the
                                                    at http://www.nrc.gov/site-help/e-                      document with the provider of the                      hazards consideration determination:
                                                    submittals.html. A filing is considered                 service. A presiding officer, having                   As required by 10 CFR 50.91(a), the
                                                    complete at the time the documents are                  granted an exemption request from                      licensee has provided its analysis of the
                                                    submitted through the NRC’s E-Filing                    using E-Filing, may require a participant              issue of no significant hazards
                                                    system. To be timely, an electronic                     or party to use E-Filing if the presiding              consideration, which is presented below
                                                    filing must be submitted to the E-Filing                officer subsequently determines that the               with the NRC staff’s edits in square
                                                    system no later than 11:59 p.m. Eastern                 reason for granting the exemption from                 brackets:
                                                    Time on the due date. Upon receipt of                   use of E-Filing no longer exists.                         1. Does the proposed amendment involve
                                                    a transmission, the E-Filing system                        Documents submitted in adjudicatory                 a significant increase in the probability or
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    time-stamps the document and sends                      proceedings will appear in the NRC’s                   consequences of an accident previously
                                                    the submitter an email notice                           electronic hearing docket which is                     evaluated?
                                                    confirming receipt of the document. The                 available to the public at http://                        Response: No.
                                                                                                                                                                      The derivation of the cycle specific Safety
                                                    E-Filing system also distributes an email               ehd1.nrc.gov/ehd/, unless excluded                     Limit Minimum Critical Power Ratios
                                                    notice that provides access to the                      pursuant to an order of the Commission,                (SLMCPRs) for incorporation into the
                                                    document to the NRC’s Office of the                     or the presiding officer. Participants are             Technical Specifications (TS), and their use
                                                    General Counsel and any others who                      requested not to include personal                      to determine cycle specific thermal limits,
                                                    have advised the Office of the Secretary                privacy information, such as social                    has been performed using the methodology



                                               VerDate Sep<11>2014   18:43 Jan 04, 2016   Jkt 238001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                    276                            Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices

                                                    discussed in NEDE–24011–P–A, ‘‘General                  NRC as a result of the proposed change to the          2 in 2014 (ML14108A334). Based on
                                                    Electric Standard Application for Reactor               SLMCPRs. The new SLMCPRs are calculated                experience with the methodology as
                                                    Fuel,’’ Revision 21.                                    using methodology discussed in NEDE–                   implemented at BFN Unit 2, this revision
                                                       The basis of the SLMCPR calculation is to            24011–P–A, ‘‘General Electric Standard                 will involve] no changes to the operation of
                                                    reasonably assure that during normal                    Application for Reactor Fuel,’’ Revision 21.           any system or component during normal,
                                                    operation and during anticipated operational            The SLMCPRs ensure that, during normal
                                                    transients, at least 99.9% of all fuel rods in                                                                 accident, or transient operating conditions.
                                                                                                            operation and during anticipated operational
                                                    the core do not experience transition boiling                                                                  The change does not affect the initiators of
                                                                                                            transients, at least 99.9% of all fuel rods in
                                                    if the limit is not violated. The new                   the core do not experience transition boiling          any accident.
                                                    SLMCPRs preserve the existing margin to                 if the limits are not violated, thereby                   Therefore, the proposed change does not
                                                    transition boiling.                                     preserving the fuel cladding integrity.                involve a significant increase in the
                                                       The MCPR safety limit is reevaluated for                Therefore, the proposed TS changes do not           probability or consequences of an accident
                                                    each reload using NRC-approved                          involve a significant reduction in the margin          previously evaluated.
                                                    methodologies. The analyses for LGS, Unit 1             of safety previously approved by the NRC.                 2. Does the proposed amendment create
                                                    Cycle 17, have concluded that a two
                                                                                                               The NRC staff has reviewed the                      the possibility of a new or different kind of
                                                    recirculation loop MCPR safety limit of
                                                    ≥1.10, based on the application of Global               licensee’s analysis and, based on this                 accident from any accident previously
                                                    Nuclear Fuel’s NRC-approved MCPR safety                 review, it appears that the three                      evaluated?
                                                    limit methodology, will ensure that this                standards of 10 CFR 50.92(c) are                          Response: No.
                                                    acceptance criterion is met. For single                 satisfied. Therefore, the NRC staff                       The proposed reduction of the SLMCPR
                                                    recirculation loop operation, a MCPR safety                                                                    values is based upon previously approved
                                                    limit of ≥1.14 also ensures that this
                                                                                                            proposes to determine that the
                                                                                                                                                                   methodologies and does not involve changes
                                                    acceptance criterion is met. The MCPR                   amendment request involves no
                                                                                                                                                                   to the plant hardware or its operating
                                                    operating limits are presented and controlled           significant hazards consideration.
                                                                                                                                                                   characteristics. As a result, no new failure
                                                    in accordance with the LGS, Unit 1, Core                   Attorney for licensee: Tamra Domeyer,
                                                                                                                                                                   modes are being introduced.
                                                    Operating Limits Report (COLR).                         Associate General Counsel, Exelon
                                                       The requested TS changes do not involve                                                                        Therefore, the change does not introduce a
                                                                                                            Generation Company, LLC, 4300
                                                    any additional plant modifications or                                                                          new or different kind of accident from those
                                                                                                            Winfield Road, Warrenville, Illinois
                                                    operational changes that could affect system                                                                   previously evaluated.
                                                                                                            60555.
                                                    reliability or performance or that could affect                                                                   3. Does the proposed amendment involve
                                                                                                               NRC Branch Chief: Douglas A.
                                                    the probability of operator error. The                                                                         a significant reduction in the margin of
                                                    requested changes do not affect any                     Broaddus.
                                                                                                                                                                   safety?
                                                    postulated accident precursors, do not affect           Tennessee Valley Authority, Docket No.                    Response: No.
                                                    any accident mitigating systems, and do not
                                                                                                            50–259, Browns Ferry Nuclear Plant                        The margin of safety is established through
                                                    introduce any new accident initiation
                                                    mechanisms.                                             (BFN), Unit 1, Limestone County,                       the design of plant structures, systems, and
                                                       Therefore, the proposed TS changes do not            Alabama                                                components, and through the parameters for
                                                    involve a significant increase in the                                                                          safe operation and setpoints of equipment
                                                                                                               Date of amendment request:
                                                    probability or consequences of an accident                                                                     relied upon to respond to transients and
                                                                                                            September 25, 2015. A publicly-
                                                    previously evaluated.                                                                                          design basis accidents. The proposed change
                                                                                                            available version is in ADAMS under
                                                       2. Does the proposed amendment create                                                                       in SLMCPR does not change the
                                                    the possibility of a new or different kind of           Accession No. ML15268A566.
                                                                                                                                                                   requirements governing operation or
                                                    accident from any accident previously                      Description of amendment request:
                                                                                                                                                                   availability of safety equipment assumed to
                                                    evaluated?                                              This amendment request contains
                                                                                                                                                                   operate to preserve the margin of safety. The
                                                       Response: No.                                        sensitive unclassified non-safeguards
                                                                                                                                                                   change does not alter the behavior of the
                                                       The SLMCPR is a TS numerical value,                  information (SUNSI). The amendment                     plant equipment.
                                                    calculated to ensure that during normal                 would modify the Technical
                                                    operation and during anticipated operational                                                                      The reduction of the SLMCPR values does
                                                                                                            Specification (TS) 2.1.1.2 value of the                not change the requirement that no more
                                                    transients, at least 99.9% of all fuel rods in          safety limit minimum critical power
                                                    the core do not experience transition boiling                                                                  than 0.1% of fuel rods in the core experience
                                                    if the limit is not violated. The new
                                                                                                            ratio (SLMCPR) for two-loop operation                  boiling transition during normal operation
                                                    SLMCPRs are calculated using [the] NRC-                 to 1.06 and the SLMCPR for single loop                 and anticipated operational occurrences.
                                                    approved methodology discussed in NEDE–                 operation to 1.08. The revised SLMCPR                     Therefore, the proposed change does not
                                                    24011–P–A, ‘‘General Electric Standard                  values would reflect a reduction from                  involve a significant reduction in a margin of
                                                    Application for Reactor Fuel,’’ Revision 21.            the current values, supported by the                   safety.
                                                    The proposed changes do not involve any                 application of the SAFLIM3D
                                                    new modes of operation, any changes to                  methodology approved by addition of                       The NRC staff has reviewed the
                                                    setpoints, or any plant modifications. The              analytical methodologies to TS 5.6.5 for               licensee’s analysis and, based on this
                                                    proposed revised MCPR safety limits have
                                                    been shown to be acceptable for Cycle 17
                                                                                                            BFN, Units 1, 2, and 3 (ADAMS                          review, it appears that the three
                                                    operation with the MELLLA+ operating                    Accession No. ML14113A286).                            standards of 10 CFR 50.92(c) are
                                                    domain. The core operating limits will                     Basis for proposed no significant                   satisfied. Therefore, the NRC staff
                                                    continue to be developed using NRC-                     hazards consideration determination:                   proposes to determine that the
                                                    approved methods. The proposed MCPR                     As required by 10 CFR 50.91(a), the                    amendment request involves no
                                                    safety limits or methods for establishing the           licensee has provided its analysis of the              significant hazards consideration.
                                                    core operating limits do not result in the              issue of no significant hazards
                                                    creation of any new precursors to an                    consideration, which is presented                         Attorney for licensee: General
                                                    accident.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            below:                                                 Counsel, Tennessee Valley Authority,
                                                       Therefore, this proposed change does not                                                                    400 West Summit Hill Dr., WT 6A,
                                                    create the possibility of a new or different               1. Does the proposed amendment involve
                                                                                                            a significant increase in the probability or
                                                                                                                                                                   Knoxville, Tennessee 37902.
                                                    kind of accident from any previously
                                                    evaluated.                                              consequences of an accident previously                    NRC Branch Chief: Benjamin G.
                                                       3. Does the proposed amendment involve               evaluated?                                             Beasley.
                                                    a significant reduction in a margin of safety?             Response: No.
                                                       Response: No.                                           The proposed TS revision is based on the
                                                       There is no significant reduction in the             implementation of a previously approved
                                                    margin of safety previously approved by the             methodology [by the NRC staff for BFN Unit



                                               VerDate Sep<11>2014   18:43 Jan 04, 2016   Jkt 238001   PO 00000   Frm 00058   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                                                   Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices                                                        277

                                                    Order Imposing Procedures for Access                       (3) The identity of the individual or                access, the NRC staff shall immediately
                                                    to Sensitive Unclassified Non-                          entity requesting access to SUNSI and                   notify the requestor in writing, briefly
                                                    Safeguards Information for Contention                   the requester’s basis for the need for the              stating the reason or reasons for the
                                                    Preparation                                             information in order to meaningfully                    denial.
                                                                                                            participate in this adjudicatory                           (2) The requester may challenge the
                                                    Exelon Generation Company, LLC,                         proceeding. In particular, the request
                                                    Docket No. 50–352, Limerick Generating                                                                          NRC staff’s adverse determination by
                                                                                                            must explain why publicly-available                     filing a challenge within 5 days of
                                                    Station, Unit 1, Montgomery County,                     versions of the information requested
                                                    Pennsylvania                                                                                                    receipt of that determination with: (a)
                                                                                                            would not be sufficient to provide the                  The presiding officer designated in this
                                                    Tennessee Valley Authority, Docket No.                  basis and specificity for a proffered                   proceeding; (b) if no presiding officer
                                                    50–259, Browns Ferry Nuclear Plant,                     contention.                                             has been appointed, the Chief
                                                    Unit 1, Limestone County, Alabama                          D. Based on an evaluation of the
                                                                                                                                                                    Administrative Judge, or if he or she is
                                                                                                            information submitted under paragraph
                                                       A. This Order contains instructions                                                                          unavailable, another administrative
                                                                                                            C.(3) the NRC staff will determine
                                                    regarding how potential parties to this                                                                         judge, or an administrative law judge
                                                                                                            within 10 days of receipt of the request
                                                    proceeding may request access to                                                                                with jurisdiction pursuant to 10 CFR
                                                                                                            whether:
                                                    documents containing SUNSI.                                (1) There is a reasonable basis to                   2.318(a); or (c) officer if that officer has
                                                       B. Within 10 days after publication of               believe the petitioner is likely to                     been designated to rule on information
                                                    this notice of hearing and opportunity to               establish standing to participate in this               access issues.
                                                    petition for leave to intervene, any                    NRC proceeding; and                                        H. Review of Grants of Access. A
                                                    potential party who believes access to                     (2) The requestor has established a                  party other than the requester may
                                                    SUNSI is necessary to respond to this                   legitimate need for access to SUNSI.                    challenge an NRC staff determination
                                                    notice may request such access. A                          E. If the NRC staff determines that the              granting access to SUNSI whose release
                                                    ‘‘potential party’’ is any person who                   requestor satisfies both D.(1) and D.(2)                would harm that party’s interest
                                                    intends to participate as a party by                    above, the NRC staff will notify the                    independent of the proceeding. Such a
                                                    demonstrating standing and filing an                    requestor in writing that access to                     challenge must be filed with the Chief
                                                    admissible contention under 10 CFR                      SUNSI has been granted. The written                     Administrative Judge within 5 days of
                                                    2.309. Requests for access to SUNSI                     notification will contain instructions on               the notification by the NRC staff of its
                                                    submitted later than 10 days after                      how the requestor may obtain copies of                  grant of access.
                                                    publication of this notice will not be                  the requested documents, and any other
                                                    considered absent a showing of good                                                                                If challenges to the NRC staff
                                                                                                            conditions that may apply to access to
                                                    cause for the late filing, addressing why                                                                       determinations are filed, these
                                                                                                            those documents. These conditions may
                                                    the request could not have been filed                                                                           procedures give way to the normal
                                                                                                            include, but are not limited to, the
                                                    earlier.                                                                                                        process for litigating disputes
                                                                                                            signing of a Non-Disclosure Agreement
                                                       C. The requester shall submit a letter                                                                       concerning access to information. The
                                                                                                            or Affidavit, or Protective Order 2 setting
                                                    requesting permission to access SUNSI                                                                           availability of interlocutory review by
                                                                                                            forth terms and conditions to prevent
                                                    to the Office of the Secretary, U.S.                                                                            the Commission of orders ruling on
                                                                                                            the unauthorized or inadvertent
                                                    Nuclear Regulatory Commission,                                                                                  such NRC staff determinations (whether
                                                                                                            disclosure of SUNSI by each individual
                                                    Washington, DC 20555–0001, Attention:                                                                           granting or denying access) is governed
                                                                                                            who will be granted access to SUNSI.
                                                    Rulemakings and Adjudications Staff,                                                                            by 10 CFR 2.311.3
                                                                                                               F. Filing of Contentions. Any
                                                    and provide a copy to the Associate                     contentions in these proceedings that                      I. The Commission expects that the
                                                    General Counsel for Hearings,                           are based upon the information received                 NRC staff and presiding officers (and
                                                    Enforcement and Administration, Office                  as a result of the request made for                     any other reviewing officers) will
                                                    of the General Counsel, Washington, DC                  SUNSI must be filed by the requestor no                 consider and resolve requests for access
                                                    20555–0001. The expedited delivery or                   later than 25 days after the requestor is               to SUNSI, and motions for protective
                                                    courier mail address for both offices is:               granted access to that information.                     orders, in a timely fashion in order to
                                                    U.S. Nuclear Regulatory Commission,                     However, if more than 25 days remain                    minimize any unnecessary delays in
                                                    11555 Rockville Pike, Rockville,                        between the date the petitioner is                      identifying those petitioners who have
                                                    Maryland 20852. The email address for                   granted access to the information and                   standing and who have propounded
                                                    the Office of the Secretary and the                     the deadline for filing all other                       contentions meeting the specificity and
                                                    Office of the General Counsel are                       contentions (as established in the notice               basis requirements in 10 CFR part 2.
                                                    Hearing.Docket@nrc.gov and                              of hearing or opportunity for hearing),                 Attachment 1 to this Order summarizes
                                                    OGCmailcenter@nrc.gov, respectively.1                   the petitioner may file its SUNSI                       the general target schedule for
                                                    The request must include the following                  contentions by that later deadline. This                processing and resolving requests under
                                                    information:                                            provision does not extend the time for                  these procedures.
                                                       (1) A description of the licensing                   filing a request for a hearing and                         It is so ordered.
                                                    action with a citation to this Federal                  petition to intervene, which must
                                                    Register notice;                                                                                                  Dated at Rockville, Maryland, this 16th day
                                                                                                            comply with the requirements of 10 CFR
                                                                                                                                                                    of December, 2015.
                                                       (2) The name and address of the                      2.309.
                                                    potential party and a description of the                   G. Review of Denials of Access.                        For the Nuclear Regulatory Commission.
                                                                                                               (1) If the request for access to SUNSI               Annette L. Vietti-Cook,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    potential party’s particularized interest
                                                    that could be harmed by the action                      is denied by the NRC staff after a                      Secretary of the Commission.
                                                    identified in C.(1); and                                determination on standing and need for
                                                                                                                                                                      3 Requesters should note that the filing
                                                      1 While   a request for hearing or petition to          2 Any  motion for Protective Order or draft Non-      requirements of the NRC’s E-Filing Rule (72 FR
                                                    intervene in this proceeding must comply with the       Disclosure Affidavit or Agreement for SUNSI must        49139; August 28, 2007) apply to appeals of NRC
                                                    filing requirements of the NRC’s ‘‘E-Filing Rule,’’     be filed with the presiding officer or the Chief        staff determinations (because they must be served
                                                    the initial request to access SUNSI under these         Administrative Judge if the presiding officer has not   on a presiding officer or the Commission, as
                                                    procedures should be submitted as described in this     yet been designated, within 30 days of the deadline     applicable), but not to the initial SUNSI request
                                                    paragraph.                                              for the receipt of the written access request.          submitted to the NRC staff under these procedures.



                                               VerDate Sep<11>2014   20:29 Jan 04, 2016   Jkt 238001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                    278                                   Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices

                                                    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 in-
                                                                                    structions 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 formu-
                                                                                    lation 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 in-
                                                                                    forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
                                                                                    formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
                                                                                    essing (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 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. 2015–32363 Filed 1–4–16; 8:45 am]                    SUPPLEMENTARY INFORMATION:                             consistent with 39 U.S.C. 3632, 3633, or
                                                    BILLING CODE 7590–01–P                                                                                               3642, 39 CFR part 3015, and 39 CFR
                                                                                                                  Table of Contents
                                                                                                                                                                         part 3020, subpart B. Comments are due
                                                                                                                    I. Introduction                                      no later than January 7, 2016. The
                                                    POSTAL REGULATORY COMMISSION                                    II. Notice of Commission Action                      public portions of the filing can be
                                                                                                                    III. Ordering Paragraphs                             accessed via the Commission’s Web site
                                                    [Docket No. CP2016–90; Order No. 2962]
                                                                                                                  I. Introduction                                        (http://www.prc.gov).
                                                    New Postal Product                                               On December 29, 2015, the Postal                      The Commission appoints Derrick D.
                                                                                                                  Service filed notice that it has entered               Dennis to serve as Public Representative
                                                    AGENCY: Postal Regulatory                Commission.
                                                                                                                  into an additional Global Expedited                    in this docket.
                                                    ACTION: Notice.
                                                                                                                  Package Services 3 (GEPS 3) negotiated                 III. Ordering Paragraphs
                                                    SUMMARY:    The Commission is noticing a                      service agreement (Agreement).1
                                                    recent Postal Service filing concerning                          To support its Notice, the Postal                     It is ordered:
                                                    an additional Global Expedited Package                        Service filed a copy of the Agreement,                   1. The Commission establishes Docket
                                                    Services 3 negotiated service agreement.                      a copy of the Governors’ Decision                      No. CP2016–90 for consideration of the
                                                    This notice informs the public of the                         authorizing the product, a certification               matters raised by the Postal Service’s
                                                    filing, invites public comment, and                           of compliance with 39 U.S.C. 3633(a),                  Notice.
                                                    takes other administrative steps.                             and an application for non-public                        2. Pursuant to 39 U.S.C. 505, Derrick
                                                    DATES: Comments are due: January 7,                           treatment of certain materials. It also                D. Dennis is appointed to serve as an
                                                    2016.                                                         filed supporting financial workpapers.                 officer of the Commission to represent
                                                                                                                                                                         the interests of the general public in this
                                                    ADDRESSES: Submit comments                                    II. Notice of Commission Action                        proceeding (Public Representative).
                                                    electronically via the Commission’s
                                                                                                                     The Commission establishes Docket                     3. Comments are due no later than
                                                    Filing Online system at http://
                                                                                                                  No. CP2016–90 for consideration of                     January 7, 2016.
                                                    www.prc.gov. Those who cannot submit
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                  matters raised by the Notice.                            4. The Secretary shall arrange for
                                                    comments electronically should contact                           The Commission invites comments on
                                                    the person identified in the FOR FURTHER                                                                             publication of this order in the Federal
                                                                                                                  whether the Postal Service’s filing is                 Register.
                                                    INFORMATION CONTACT section by
                                                    telephone for advice on filing                                  1 Notice of United States Postal Service of Filing
                                                                                                                                                                           By the Commission.
                                                    alternatives.                                                 a Functionally Equivalent Global Expedited             Stacy L. Ruble,
                                                    FOR FURTHER INFORMATION CONTACT:                              Package Services 3 Negotiated Service Agreement        Secretary.
                                                                                                                  and Application for Non-Public Treatment of
                                                    David A. Trissell, General Counsel, at                        Materials Filed Under Seal, December 29, 2015          [FR Doc. 2015–33133 Filed 1–4–16; 8:45 am]
                                                    202–789–6820.                                                 (Notice).                                              BILLING CODE 7710–FW–P




                                               VerDate Sep<11>2014         20:29 Jan 04, 2016   Jkt 238001   PO 00000   Frm 00060   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1



Document Created: 2016-01-05 01:46:30
Document Modified: 2016-01-05 01:46:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment request; opportunity to comment, request a hearing, and petition for leave to intervene; order.
DatesComments must be filed by February 4, 2016. A request for a hearing must be filed by March 7, 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 January 15, 2016.
ContactJanet Burkhardt, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1384, email: [email protected]
FR Citation81 FR 272 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR