81 FR 46118 - Duke Energy Progress, Inc.; Shearon Harris Nuclear Power Plant, Unit 1; Surveillance Frequency Control Program
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 136 (July 15, 2016)
Federal Register Volume 81, Issue 136 (July 15, 2016)
| Page Range | 46118-46123 | |
| FR Document | 2016-16762 |
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)] [Notices] [Pages 46118-46123] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16762] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-400; NRC-2016-0136] Duke Energy Progress, Inc.; Shearon Harris Nuclear Power Plant, Unit 1; Surveillance Frequency Control Program AGENCY: Nuclear Regulatory Commission. ACTION: License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. NPF-63, issued to Duke Energy Progress, Inc., for operation of the Shearon Harris Nuclear Power Plant, Unit 1. The amendment would revise the Shearon Harris Nuclear Power Plant, Unit 1, Technical Specifications (TSs) by relocating specific surveillance frequencies to a licensee- controlled program with the implementation of Nuclear Energy Institute (NEI) 04-10, ``Risk-Informed Technical Specifications Initiative 5b, Risk-Informed Method for Control of Surveillance Frequencies.'' Additionally, the change would add a new program, the Surveillance Frequency Control Program, to TS Section 6, ``Administrative Controls.'' The amendment application contains sensitive unclassified non-safeguards information (SUNSI). DATES: Submit comments by August 15, 2016. A requests for a hearing or petition for leave to intervene must be filed by September 13, 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 September 13, 2016. ADDRESSES: You may submit comments by any of the following methods (unless [[Page 46119]] this document describes a different method for submitting comments on a specific subject):Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0136. 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: Dennis Galvin, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-6256, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0136 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0136. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2016-0136 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. Introduction The NRC is considering issuance of an amendment to Facility Operating License No. NPF-63, issued to Duke Energy Progress, Inc., for operation of the Shearon Harris Nuclear Power Plant, Unit 1, located in Wake and Chatham Counties, North Carolina. The amendment request was submitted August 18, 2015, and supplemented by letters dated September 29, 2015, February 5, 2016, April 28, 2016, and May 19, 2016. Publicly-available versions are in ADAMS under Accession Nos. ML15236A265 (Package), ML15272A443, ML16036A091, ML16119A326, and ML16141A048, respectively. The supplemental letters to this amendment request dated February 5 and April 28, 2016, contain SUNSI. The NRC staff previously made a proposed determination that the amendment request dated August 18, 2015, involves no significant hazards considerations (80 FR 76319; December 8, 2015). Subsequently, by letter dated May 19, 2016, the licensee provided additional information that expanded the scope of the amendment request as originally noticed. Accordingly, this notice supersedes the previous notice in its entirety. The amendment would revise the Shearon Harris Nuclear Power Plant, Unit 1, TSs by relocating specific surveillance frequencies to a licensee-controlled program with the implementation of NEI 04-10, ``Risk-Informed Technical Specifications Initiative 5b, Risk-Informed Method for Control of Surveillance Frequencies'' (ADAMS Accession No. ML071360456). Additionally, the change would add a new program, the Surveillance Frequency Control Program, to TS Section 6, ``Administrative Controls'' (ADAMS Accession No. ML052860283). The changes are consistent with the NRC-approved Technical Specification Task Force (TSTF) Improved Standard Technical Specifications Change Traveler-425, Revision 3, ``Relocate Surveillance Frequencies to Licensee Control--RITSTF [Risk-Informed Technical Specification Task Force] Initiative 5b'' (ADAMS Accession No. ML090850642). In the supplement dated May 19, 2016, the licensee requested additional surveillance frequencies be relocated to a licensee-controlled program. Before any issuance of the proposed license amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the NRC's regulations. The NRC has made a proposed determination that the license amendment request involves no significant hazards consideration. Under the NRC's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of any accident previously evaluated? Response: No. The proposed change relocates the specified frequencies for periodic surveillance requirements to licensee control under a new Surveillance Frequency Control Program. Surveillance frequencies are not an initiator to any accident previously evaluated. As a result, the probability of any accident previously evaluated is not significantly increased. The systems and components required by the technical specifications for which the surveillance frequencies are relocated are still required to be operable, meet the acceptance criteria for the surveillance requirements, and be capable of performing any mitigation function assumed in the accident analysis. As a result, the consequences of any accident previously evaluated are not significantly increased. [[Page 46120]] 2. Does the proposed change create the possibility of a new or different kind of accident from any previously evaluated? Response: No. No new or different accidents result from utilizing the proposed change. The changes do not involve a physical alteration of the plant (i.e., no new or different type of equipment will be installed) or a change in the methods governing normal plant operation. In addition, the changes do not impose any new or different requirements. The changes do not alter assumptions made in the safety analysis. The proposed changes are consistent with the safety analysis assumptions and current plant operating practice. Therefore, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in the margin of safety? Response: No. The design, operation, testing methods, and acceptance criteria for systems, structures, and components (SSCs), specified in applicable codes and standards (or alternatives approved for use by the NRC) will continue to be met as described in the plant licensing basis (including the final safety analysis report and bases to TS), since these are not affected by changes to the surveillance frequencies. Similarly, there is no impact to safety analysis acceptance criteria as described in the plant licensing basis. To evaluate a change in the relocated surveillance frequency, Duke Energy will perform a probabilistic risk evaluation using the guidance contained in NRC approved NEI 04-10, Revision 1, in accordance with the TS Surveillance Frequency Control Program. NEI 04-10, Revision 1, methodology provides reasonable acceptance guidelines and methods for evaluating the risk increase of proposed changes to surveillance frequencies consistent with Regulatory Guide 1.177. Therefore, the proposed changes do not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves a no significant hazards consideration. The NRC is seeking public comments on this proposed determination that the license amendment request involves no significant hazards consideration. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60- day notice period if the Commission concludes the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period if 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. If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final no significant hazards consideration determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. III. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license or combined license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the NRC's PDR, located at One White Flint North, Room O1- F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is filed within 60 days, the Commission or a presiding officer designated by the Commission or by the Chief 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's 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). [[Page 46121]] 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 September 13, 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 September 13, 2016. IV. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to request (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. 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 [[Page 46122]] exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E- Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. However, in some instances, a request to intervene will require including information on local residence in order to demonstrate a proximity assertion of interest in the proceeding. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. For further details with respect to this action, see the application for license amendment dated August 18, 2015, as supplemented on September 29, 2015, February 5, 2016, April 28, 2016, and May 19, 2016. Attorney for licensee: Kathryn B. Nolan, Associate General Counsel, Duke Energy Corporation, 550 South Tyron Street, Mail Code DEC45A, Charlotte, NC 28202. NRC Acting Branch Chief: Tracy J. Orf. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation Duke Energy Progress, Inc., Docket No. 50-400, Shearon Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North Carolina 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 [[Page 46123]] 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 11th day of July 2016. For the Nuclear Regulatory Commission. Andrew L. Bates, Acting, Secretary of the Commission. Attachment 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding ------------------------------------------------------------------------ Day Event/activity ------------------------------------------------------------------------ 0........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10....................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60....................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20....................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25....................... If NRC staff finds no ``need'' or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ``need'' for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30....................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40....................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non- Disclosure Affidavit. Deadline for applicant/ licensee to file Non-Disclosure Agreement for SUNSI. A........................ If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3.................... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28................... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53................... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60................... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60.................. Decision on contention admission. ------------------------------------------------------------------------ [FR Doc. 2016-16762 Filed 7-14-16; 8:45 am] BILLING CODE 7590-01-P
![46118 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices
effects of the safe-shutdown earthquake regarding methods that are acceptable to not within the scope of entities
(SSE). the NRC staff for implementing specific protected by the Backfit Rule or the
ADDRESSES: Please refer to Docket ID parts of the agency’s regulations, relevant issue finality provisions in part
NRC–2015–0220 when contacting the techniques that the staff uses in 52.
NRC about the availability of evaluating specific issues or postulated Dated at Rockville, Maryland, this 8th day
information regarding this document. events, and data that the staff needs in of July 2016.
You may obtain publically-available its review of applications for permits For the Nuclear Regulatory Commission.
information related to this document, and licenses. Carol E. Moyer,
using the following methods: Revision 5 of RG 1.29 was issued with
Acting Chief, Regulatory Guidance and
• Federal Rulemaking Web site: Go to a temporary identification of Draft Generic Issues Branch, Division of
http://www.regulations.gov and search Regulatory Guide, DG–1315. Revision 5 Engineering, Office of Nuclear Regulatory
for Docket ID NRC–2015–0220. Address of RG 1.29 contains minor non- Research.
questions about NRC dockets to Carol substantive changes that do not present [FR Doc. 2016–16767 Filed 7–14–16; 8:45 am]
Gallagher; telephone: 301–415–3463; new regulatory requirements, but BILLING CODE 7590–01–P
email: Carol.Gallagher@nrc.gov. For clarifies content in Section C, ‘‘Staff
technical questions, contact the Regulatory Guidance,’’ by (1) addition of
individuals listed in the FOR FURTHER a reference to the definition of the NUCLEAR REGULATORY
INFORMATION CONTACT section of this reactor coolant pressure boundary in COMMISSION
document. section 50.2 of title 10 of the Code of
Federal Regulations (10 CFR), and (2) a [Docket No. 50–400; NRC–2016–0136]
• NRC’s Agencywide Documents
Access and Management System reorganization of systems and
subsystems to add clarity to the staff Duke Energy Progress, Inc.; Shearon
(ADAMS): You may obtain publicly- Harris Nuclear Power Plant, Unit 1;
available documents online in the guidance. In addition, it adds a
reference to a related international Surveillance Frequency Control
ADAMS Public Document collection at Program
http://www.nrc.gov/reading-rm/ standard, and it was reformatted to align
adams.html. To begin the search, select with the current program guidance for AGENCY: Nuclear Regulatory
‘‘ADAMS Public Documents’’ and then regulatory guides. Commission.
select ‘‘Begin Web-based ADAMS II. Additional Information ACTION: License amendment application;
Search.’’ For problems with ADAMS, The DG–1315 was published in the opportunity to comment, request a
please contact the NRC’s Public Federal Register (80 FR 55878) on hearing, and petition for leave to
Document Room (PDR) reference staff at September 17, 2015 for a 60-day public intervene; order.
1–800–397–4209, 301–415–4737, or by comment period. Public comments on
email to pdr.resource@nrc.gov. The SUMMARY: The U.S. Nuclear Regulatory
DG–1315 and the staff’s responses to the Commission (NRC) is considering
ADAMS accession number for each public comments are available in
document referenced (if it is available in issuance of an amendment to Facility
ADAMS under Accession No. Operating License No. NPF–63, issued
ADAMS) is provided the first time that ML16118A149.
it is mentioned in this document. to Duke Energy Progress, Inc., for
Revision 5 of RG 1.29, is available in III. Backfitting and Issue Finality operation of the Shearon Harris Nuclear
ADAMS under Accession No. Power Plant, Unit 1. The amendment
The RG 1.29 describes a method that
ML16118A148. The regulatory analysis would revise the Shearon Harris
the staff of the NRC considers
is also available in ADAMS under Nuclear Power Plant, Unit 1, Technical
acceptable for use in identifying and
Accession No. ML15131A397. Specifications (TSs) by relocating
classifying those features of LWR
• NRC’s PDR: You may examine and nuclear power plants that must be
specific surveillance frequencies to a
purchase copies of public documents at licensee-controlled program with the
designed to withstand the effects of the
the NRC’s PDR, Room O1–F21, One implementation of Nuclear Energy
SSE. Issuance of this RG does not
White Flint North, 11555 Rockville Institute (NEI) 04–10, ‘‘Risk-Informed
constitute backfitting as defined in 10
Pike, Rockville, Maryland 20852. Technical Specifications Initiative 5b,
CFR 50.109 (the Backfit Rule) and is not
Regulatory guides are not Risk-Informed Method for Control of
otherwise inconsistent with the issue
copyrighted, and NRC approval is not Surveillance Frequencies.’’
finality provisions in 10 CFR part 52. As
required to reproduce them. Additionally, the change would add a
discussed in the ‘‘Implementation’’
FOR FURTHER INFORMATION CONTACT: Yiu new program, the Surveillance
section of this RG, the NRC has no
Law, Office of New Reactors, telephone: Frequency Control Program, to TS
current intention to impose this RG on
301–415–0523, email: Yiu.Law@nrc.gov, Section 6, ‘‘Administrative Controls.’’
holders of current operating licenses or
and Edward O’Donnell, Office of The amendment application contains
combined licenses.
Nuclear Regulatory Research, telephone: This RG may be applied to sensitive unclassified non-safeguards
301–415–3317, email: applications for operating licenses, information (SUNSI).
Edward.O’Donnell@nrc.gov. Both are combined licenses, early site permits, DATES: Submit comments by August 15,
staff members of the U.S. Nuclear and certified design rules docketed by 2016. A requests for a hearing or
Regulatory Commission, Washington, the NRC as of the date of issuance of the petition for leave to intervene must be
DC 20555–0001. final regulatory guide, as well as future filed by September 13, 2016. Any
applications submitted after the potential party as defined in § 2.4 of title
sradovich on DSK3GMQ082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
issuance of the regulatory guide. Such 10 of the Code of Federal Regulations
I. Introduction action would not constitute backfitting (10 CFR), who believes access to SUNSI
The NRC is issuing a revision to an as defined in the Backfit Rule or be is necessary to respond to this notice
existing guide in the NRC’s ‘‘Regulatory otherwise inconsistent with the must request document access by
Guide’’ series. This series was applicable issue finality provision in 10 September 13, 2016.
developed to describe and make CFR part 52, inasmuch as such ADDRESSES: You may submit comments
available to the public information applicants or potential applicants are by any of the following methods (unless
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![Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices 46119
this document describes a different B. Submitting Comments Informed Technical Specifications
method for submitting comments on a Please include Docket ID NRC–2016– Initiative 5b, Risk-Informed Method for
specific subject): 0136 in your comment submission. Control of Surveillance Frequencies’’
• Federal Rulemaking Web site: Go to The NRC cautions you not to include (ADAMS Accession No. ML071360456).
http://www.regulations.gov and search identifying or contact information that Additionally, the change would add a
for Docket ID NRC–2016–0136. Address you do not want to be publicly new program, the Surveillance
questions about NRC dockets to Carol disclosed in your comment submission. Frequency Control Program, to TS
Gallagher; telephone: 301–415–3463; The NRC posts all comment Section 6, ‘‘Administrative Controls’’
email: Carol.Gallagher@nrc.gov. For submissions at http:// (ADAMS Accession No. ML052860283).
technical questions, contact the The changes are consistent with the
www.regulations.gov as well as entering
individual listed in the FOR FURTHER NRC-approved Technical Specification
the comment submissions into ADAMS.
INFORMATION CONTACT section of this Task Force (TSTF) Improved Standard
The NRC does not routinely edit
document. Technical Specifications Change
comment submissions to remove
• Mail comments to: Cindy Bladey, Traveler–425, Revision 3, ‘‘Relocate
identifying or contact information.
Office of Administration, Mail Stop: Surveillance Frequencies to Licensee
If you are requesting or aggregating
OWFN–12–H08, U.S. Nuclear Control—RITSTF [Risk-Informed
comments from other persons for
Regulatory Commission, Washington, Technical Specification Task Force]
submission to the NRC, then you should
DC 20555–0001. Initiative 5b’’ (ADAMS Accession No.
inform those persons not to include
For additional direction on obtaining ML090850642). In the supplement dated
identifying or contact information that
information and submitting comments, May 19, 2016, the licensee requested
they do not want to be publicly
see ‘‘Obtaining Information and additional surveillance frequencies be
disclosed in their comment submission.
Submitting Comments’’ in the relocated to a licensee-controlled
Your request should state that the NRC
SUPPLEMENTARY INFORMATION section of program.
does not routinely edit comment Before any issuance of the proposed
this document.
submissions to remove such information license amendment, the NRC will need
FOR FURTHER INFORMATION CONTACT:
before making the comment to make the findings required by the
Dennis Galvin, Office of Nuclear Reactor submissions available to the public or
Regulation, U.S. Nuclear Regulatory Atomic Energy Act of 1954, as amended
entering the comment submissions into (the Act), and the NRC’s regulations.
Commission, Washington DC 20555– ADAMS.
0001; telephone: 301–415–6256, email: The NRC has made a proposed
Dennis.Galvin@nrc.gov. II. Introduction determination that the license
SUPPLEMENTARY INFORMATION:
amendment request involves no
The NRC is considering issuance of an
significant hazards consideration. Under
I. Obtaining Information and amendment to Facility Operating
the NRC’s regulations in 10 CFR 50.92,
Submitting Comments License No. NPF–63, issued to Duke
this means that operation of the facility
Energy Progress, Inc., for operation of
A. Obtaining Information in accordance with the proposed
the Shearon Harris Nuclear Power Plant,
amendment would not (1) involve a
Please refer to Docket ID NRC–2016– Unit 1, located in Wake and Chatham
significant increase in the probability or
0136 when contacting the NRC about Counties, North Carolina.
consequences of an accident previously
the availability of information for this The amendment request was
evaluated; or (2) create the possibility of
action. You may obtain publicly- submitted August 18, 2015, and
a new or different kind of accident from
available information related to this supplemented by letters dated
any accident previously evaluated; or
action by any of the following methods: September 29, 2015, February 5, 2016,
(3) involve a significant reduction in a
• Federal Rulemaking Web site: Go to April 28, 2016, and May 19, 2016.
margin of safety. As required by 10 CFR
http://www.regulations.gov and search Publicly-available versions are in
50.91(a), the licensee has provided its
for Docket ID NRC–2016–0136. ADAMS under Accession Nos.
analysis of the issue of no significant
• NRC’s Agencywide Documents ML15236A265 (Package),
hazards consideration, which is
Access and Management System ML15272A443, ML16036A091,
presented below:
(ADAMS): You may obtain publicly- ML16119A326, and ML16141A048,
available documents online in the respectively. The supplemental letters 1. Does the proposed change involve a
to this amendment request dated significant increase in the probability or
ADAMS Public Documents collection at
consequences of any accident previously
http://www.nrc.gov/reading-rm/ February 5 and April 28, 2016, contain evaluated?
adams.html. To begin the search, select SUNSI. The NRC staff previously made Response: No.
‘‘ADAMS Public Documents’’ and then a proposed determination that the The proposed change relocates the
select ‘‘Begin Web-based ADAMS amendment request dated August 18, specified frequencies for periodic
Search.’’ For problems with ADAMS, 2015, involves no significant hazards surveillance requirements to licensee control
please contact the NRC’s Public considerations (80 FR 76319; December under a new Surveillance Frequency Control
Document Room (PDR) reference staff at 8, 2015). Subsequently, by letter dated Program. Surveillance frequencies are not an
initiator to any accident previously
1–800–397–4209, 301–415–4737, or by May 19, 2016, the licensee provided evaluated. As a result, the probability of any
email to pdr.resource@nrc.gov. The additional information that expanded accident previously evaluated is not
ADAMS accession number for each the scope of the amendment request as significantly increased. The systems and
document referenced (if it is available in originally noticed. Accordingly, this components required by the technical
notice supersedes the previous notice in
sradovich on DSK3GMQ082PROD with NOTICES
ADAMS) is provided the first time that specifications for which the surveillance
it is mentioned in the SUPPLEMENTARY its entirety. frequencies are relocated are still required to
INFORMATION section. The amendment would revise the be operable, meet the acceptance criteria for
• NRC’s PDR: You may examine and Shearon Harris Nuclear Power Plant, the surveillance requirements, and be
capable of performing any mitigation
purchase copies of public documents at Unit 1, TSs by relocating specific function assumed in the accident analysis.
the NRC’s PDR, Room O1–F21, One surveillance frequencies to a licensee- As a result, the consequences of any accident
White Flint North, 11555 Rockville controlled program with the previously evaluated are not significantly
Pike, Rockville, Maryland 20852. implementation of NEI 04–10, ‘‘Risk- increased.
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![Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices 46123
stating the reason or reasons for the granting access to SUNSI whose release any other reviewing officers) will
denial. would harm that party’s interest consider and resolve requests for access
(2) The requester may challenge the independent of the proceeding. Such a to SUNSI, and motions for protective
NRC staff’s adverse determination by challenge must be filed with the Chief orders, in a timely fashion in order to
filing a challenge within 5 days of Administrative Judge within 5 days of minimize any unnecessary delays in
receipt of that determination with: (a) the notification by the NRC staff of its identifying those petitioners who have
The presiding officer designated in this grant of access. standing and who have propounded
proceeding; (b) if no presiding officer If challenges to the NRC staff contentions meeting the specificity and
has been appointed, the Chief determinations are filed, these basis requirements in 10 CFR part 2.
Administrative Judge, or if he or she is procedures give way to the normal Attachment 1 to this Order summarizes
unavailable, another administrative process for litigating disputes the general target schedule for
judge, or an administrative law judge concerning access to information. The processing and resolving requests under
with jurisdiction pursuant to 10 CFR availability of interlocutory review by these procedures.
2.318(a); or (c) officer if that officer has the Commission of orders ruling on It is so Ordered.
been designated to rule on information such NRC staff determinations (whether Dated at Rockville, Maryland, this 11th day
access issues. granting or denying access) is governed of July 2016.
H. Review of Grants of Access. A by 10 CFR 2.311.3 For the Nuclear Regulatory Commission.
party other than the requester may I. The Commission expects that the Andrew L. Bates,
challenge an NRC staff determination NRC staff and presiding officers (and Acting, Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/activity
0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with 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. 2016–16762 Filed 7–14–16; 8:45 am]
BILLING CODE 7590–01–P
sradovich on DSK3GMQ082PROD with NOTICES
3 Requesters should note that the filing staff determinations (because they must be served applicable), but not to the initial SUNSI request
requirements of the NRC’s E-Filing Rule (72 FR on a presiding officer or the Commission, as submitted to the NRC staff under these procedures.
49139; August 28, 2007) apply to appeals of NRC
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Document Created: 2016-07-15 02:53:11
Document Modified: 2016-07-15 02:53:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order. | |
| Dates | Submit comments by August 15, 2016. A requests for a hearing or petition for leave to intervene must be filed by September 13, 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 September 13, 2016. | |
| Contact | Dennis Galvin, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-6256, email: [email protected]rc.gov. | |
| FR Citation | 81 FR 46118 |
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