81_FR_68659 81 FR 68467 - 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 68467 - 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 192 (October 4, 2016)

Page Range68467-68474
FR Document2016-23210

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of four amendment requests. The amendment requests are for Palo Verde Nuclear Generating Station, Units 1, 2, and 3; Columbia Generating Station; Hope Creek Generating Station and Salem Nuclear Generating Station, Unit Nos. 1 and 2; and Virgil C. Summer Nuclear Station, Unit No. 1. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. Because each amendment request contains sensitive unclassified non-safeguards information (SUNSI) an order imposes procedures to obtain access to SUNSI for contention preparation.

Federal Register, Volume 81 Issue 192 (Tuesday, October 4, 2016)
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68467-68474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23210]



[[Page 68467]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0194]


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; notice of opportunity to comment, 
request a hearing, and petition for leave to intervene; order imposing 
procedures.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of four amendment requests. The amendment requests 
are for Palo Verde Nuclear Generating Station, Units 1, 2, and 3; 
Columbia Generating Station; Hope Creek Generating Station and Salem 
Nuclear Generating Station, Unit Nos. 1 and 2; and Virgil C. Summer 
Nuclear Station, Unit No. 1. For each amendment request, the NRC 
proposes to determine that they involve no significant hazards 
consideration. Because each amendment request contains sensitive 
unclassified non-safeguards information (SUNSI) an order imposes 
procedures to obtain access to SUNSI for contention preparation.

DATES: Comments must be filed by November 3, 2016. A request for a 
hearing must be filed by December 5, 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 October 14, 2016.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0194. 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: Shirley J. Rohrer, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-5411, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0194, facility name, unit 
number(s), plant docket number, application date, and subject 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-2016-0194.
     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 this 
document.
     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-2016-0194, facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment 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

[[Page 68468]]

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 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 a notice of issuance in the Federal 
Register. 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.
A. Opportunity To Request a Hearing and Petition for Leave To Intervene
    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and a petition to intervene (petition) 
with respect to issuance of the amendment to the subject facility 
operating license or combined license. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons 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 petition 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 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 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 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
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 petitioner's interest. The petition 
must also set forth the specific contentions which the 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 
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 petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to those specific sources and 
documents of which the petitioner is aware and on which the petitioner 
intends to rely to establish those facts or expert opinion to support 
its position on the issue. 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 petitioner 
to relief. A 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 the 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).
    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 December 5, 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 set forth in this section, except that under 10 CFR 
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

[[Page 68469]]

conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.
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 (hereinafter 
``petition''), 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, as amended at 77 
FR 46562, August 3, 2012). 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 petition (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 available on the NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be 
able to offer assistance in using unlisted software.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a petition. 
Submissions should be in Portable Document Format (PDF). Additional 
guidance on PDF submissions is available on the NRC's public Web site 
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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 Electronic 
Filing 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 Electronic Filing Help Desk is available between 9 a.m. 
and 7 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 
stating why there is good cause for not filing electronically and 
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 petition 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.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
Arizona Public Service Company, et al. (APS), Docket Nos. STN 50-528, 
STN 50-529, and STN 50-530, Palo Verde Nuclear Generating Station 
(PVNGS), Units 1, 2, and 3, Maricopa County, Arizona
    Date of amendment request: July 1, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16188A336.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise the Technical

[[Page 68470]]

Specifications (TSs) for PVNGS, Units 1, 2, and 3, to support the 
implementation of next generation fuel (NGF). In addition to the 
license amendment request (LAR), APS is requesting an exemption from 
certain requirements of 10 CFR 50.46, ``Acceptance Criteria for 
Emergency Core Cooling Systems [(ECCS)] for Light-Water Nuclear Power 
Reactors,'' and 10 CFR 50, Appendix K, ``ECCS Evaluation Models,'' to 
allow the use of Optimized ZIRLOTM as a fuel rod cladding 
material.
    The proposed change will allow for the implementation of NGF 
including the use of Optimized ZIRLOTM fuel rod cladding 
material. The NGF assemblies contain advanced features to enhance fuel 
reliability, thermal performance, and fuel cycle economics.
    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 change to TS Section 4.2.1 adds Optimized 
ZIRLOTM fuel rod cladding material as an acceptable 
material consistent with the permanent exemption request presented 
in Section 7 of [the] LAR.
    The NRC approved topical report CENPD-404-P-A, Addendum 1-A and 
Addendum 2-A addresses Optimized ZIRLOTM and demonstrates 
that Optimized ZIRLOTM has essentially the same 
properties as currently licensed ZIRLO[supreg]. The fuel cladding 
itself is not an accident initiator and does not affect accident 
probability. Use of Optimized ZIRLOTM fuel cladding has 
been shown to meet all 10 CFR 50.46 design criteria and, therefore, 
will not increase the consequences of an accident.
    Therefore, the proposed change to TS Section 4.2.1 does not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    The proposed changes to TS Section 5.6.5 have no impact on any 
plant configuration or system performance. Changes to the calculated 
core operating limits may only be made using NRC approved 
methodologies, must be consistent with all applicable safety 
analysis limits, and are controlled by the 10 CFR 50.59 process. The 
proposed changes to TS Section 5.6.5 will add the NRC approved 
topical reports, as described, to the list of referenced core 
operating analytical methods. APS has demonstrated that the 
limitations and conditions contained in the NRC Safety Evaluation 
for these topical reports, and their various supplements and 
revisions will be met as described in Attachment 5 to [the enclosure 
to APS's letter dated July 1, 2016].
    Therefore, the proposed change to TS Section 5.6.5 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 change to TS Section 4.2.1 adds Optimized 
ZIRLOTM fuel rod cladding material as an acceptable 
material consistent with the permanent exemption request presented 
in Section 7 of [the] LAR.
    Use of Optimized ZIRLOTM clad fuel will not result in 
changes in the operation or configuration of the facility. Topical 
report CENPD-404-P-A demonstrated that the material properties of 
Optimized ZIRLOTM are similar to those of standard 
ZIRLO[supreg].
    Therefore, Optimized ZIRLOTM fuel rod cladding will 
perform similarly to those fabricated from standard ZIRLO[supreg] 
thus precluding the possibility of the fuel becoming an accident 
initiator and causing a new or different type of accident.
    Therefore, the proposed change to TS Section 4.2.1 does not 
create the possibility of a new or different kind of accident from 
any previously evaluated.
    The proposed changes to TS Section 5.6.5 have no impact on any 
plant configuration or system performance. Changes to the calculated 
core operating limits may only be made using NRC approved 
methodologies, must be consistent with all applicable safety 
analysis limits, and are controlled by the 10 CFR 50.59 process. The 
proposed changes to TS Section 5.6.5 will add the NRC-approved 
topical reports, as described, to the list of referenced core 
operating analytical methods. APS has demonstrated that the 
limitations and conditions contained in the NRC Safety Evaluation 
for these topical reports, and their various supplements and 
revisions as identified in Attachment 5 to [the enclosure to APS's 
letter dated July 1, 2016], will be met as described in Section 3.2.
    Therefore, the 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.
    The proposed change to TS Section 4.2.1 adds Optimized 
ZIRLOTM fuel rod cladding material as an acceptable 
material consistent with the permanent exemption request presented 
in Section 7 of [the] LAR.
    The proposed change will not involve a significant reduction in 
the margin of safety because it has been demonstrated that the 
material properties of the Optimized ZIRLOTM are not 
significantly different from those of standard ZIRLO[supreg]. 
Optimized ZIRLOTM is expected to perform similarly to 
standard ZIRLO[supreg] for all normal operating, transient, and 
accident scenarios, including both loss of coolant accident (LOCA) 
and non-LOCA scenarios. For LOCA scenarios, where the slight 
difference in Optimized ZIRLOTM material properties 
relative to standard ZIRLO[supreg] could have some impact on the 
overall accident scenario, plant-specific LOCA analyses using 
Optimized ZIRLOTM properties were performed. These LOCA 
analyses demonstrate that the acceptance criteria of 10 CFR 50.46 
are satisfied when Optimized ZIRLOTM fuel rod cladding is 
implemented.
    Therefore, the proposed change to TS Section 4.2.1 does not 
involve a significant reduction in a margin of safety.
    The proposed changes to TS Section 5.6.5 have no impact on any 
plant configuration or system performance. The proposed changes to 
TS Section 5.6.5 will add the NRC-approved topical reports, as 
described, to the list of referenced core operating analytical 
methods. The proposed changes do not amend the cycle specific 
parameter limits located in the PVNGS unit specific [core operating 
limits report (COLR)] from the values presently required by the TS. 
The individual specifications continue to require operation of the 
plant within the bounds of the limits specified in PVNGS unit 
specific COLR.
    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: Michael G. Green, Senior Regulatory Counsel, 
Pinnacle West Capital Corporation, P.O. Box 52034, Mail Station 8695, 
Phoenix, Arizona 85072-2034.
    NRC Branch Chief: Robert J. Pascarelli.
Energy Northwest, Docket No. 50-397, Columbia Generating Station, 
Benton County, Washington
    Date of amendment request: June 28, 2016, as supplemented by letter 
dated August 18, 2016. Publicly-available versions are in ADAMS under 
Accession Nos. ML16183A365 and ML16231A511.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the operating license and technical 
specifications to implement an increase in rated thermal power from the 
current licensed thermal power of 3486 megawatts thermal (MWt) to a 
measurement uncertainty recapture thermal power of 3544 MWt.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?

[[Page 68471]]

    Response: No.
    The proposed change will increase the Columbia Generating 
Station rated thermal power [(RTP)] from 3486 MWt to 3544 MWt. The 
reviews and evaluations performed to support the proposed uprated 
power conditions included all structures, systems and components 
that would be affected by the proposed changes. The reviews and 
evaluations determined that these structures, systems, and 
components are capable of performing their design function at the 
proposed uprated RTP of 3544 MWt. All accident mitigation systems 
will function as designed, and all performance requirements for 
these systems have been evaluated and were found acceptable.
    Thus, the proposed changes do not create any new accident 
initiators or increase the probability of an accident previously 
evaluated.
    The primary loop components (e.g., reactor vessel, reactor 
internals, control rod drive housings, piping and supports, and 
recirculation pumps) remain within their applicable structural 
limits and will continue to perform their intended design functions.
    Thus, there is no increase in the probability of a structural 
failure of these components.
    The nuclear steam supply systems will continue to perform their 
intended design functions during normal and accident conditions. The 
balance of plant systems and components continue to meet their 
applicable structural limits and will continue to perform their 
intended design functions.
    Thus, there is no increase in the probability of a failure of 
these components. The safety relief valves and containment isolation 
valves meet design sizing requirements at the uprated power level. 
Because the integrity of the plant will not be affected by operation 
at the uprated condition, Energy Northwest has concluded that all 
structures, systems, and components required to mitigate a transient 
remain capable of fulfilling their intended functions.
    The current safety analyses remain applicable, since they were 
performed at power levels that bound operation at a core power of 
3544 MWt. The results demonstrate that acceptance criteria of the 
applicable analyses continue to be met at the uprated conditions. As 
such, all applicable accident analyses continue to comply with the 
relevant event acceptance criteria. The analyses performed to assess 
the effects of mass and energy releases remain valid. The source 
terms used to assess radiological consequences have been reviewed 
and determined to bound operation at the uprated condition.
    Power level is an input assumption to equipment design and 
accident analyses, but it is not a transient or accident initiator. 
Accident initiators are not affected by power uprate, and plant 
safety barrier challenges are not created by the proposed changes. 
Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    No new accident scenarios, failure mechanisms, or limiting 
single failures are introduced as a result of the proposed changes. 
The proposed changes do not adversely affect any current system 
interfaces or create any new interfaces that could result in an 
accident or malfunction of a different kind than previously 
evaluated. All structures, systems and components previously 
required for the mitigation of a transient remain capable of 
fulfilling their intended design functions. The proposed changes 
have no adverse effects on any safety-related system or component 
and do not challenge the performance or integrity of any safety-
related system.
    Plant operation at a RTP of 3544 MWt does not create any new 
accident initiators or precursors. Credible malfunctions are bounded 
by the current accident analysis of record or recent evaluations 
demonstrate that applicable criteria are still met with the proposed 
changes. 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 a 
margin of safety?
    Response: No.
    The margins of safety associated with the power uprate are those 
pertaining to core thermal power. Operation at the uprated power 
condition does not involve a significant reduction in a margin of 
safety. Analyses of the primary fission product barriers have 
concluded that relevant design criteria remain satisfied, both from 
the standpoint of the integrity of the primary fission product 
barrier, and from the standpoint of compliance with the required 
acceptance criteria. As appropriate, all evaluations have been 
performed using methods that have either been reviewed or approved 
by the Nuclear Regulatory Commission, or that are in compliance with 
regulatory review guidance and standards.
    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: William A. Horin, Esq., Winston & Strawn, 
1700 K Street NW., Washington, DC 20006-3817.
    NRC Branch Chief: Robert J. Pascarelli.
PSEG Nuclear LLC, Docket Nos. 50-354, 50-272, and 50-311, Hope Creek 
Generating Station and Salem Nuclear Generating Station, Unit Nos. 1 
and 2, Salem County, New Jersey
    Date of amendment request: June 30, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16190A248.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise the Cyber Security Plan (CSP) Milestone 8 
implementation schedule for Hope Creek Generating Station and Salem 
Nuclear Generating Station, Unit Nos. 1 and 2. Specifically, this 
change would extend the PSEG Nuclear LLC (PSEG) CSP Milestone 8 full 
implementation date as set forth in the PSEG CSP implementation 
schedule and revise the Facility Operating Licenses.
    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. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No
    The proposed change to the CSP Implementation Schedule is 
administrative in nature. This change does not alter accident 
analysis assumptions, add any initiators, or affect the function of 
plant systems or the manner in which systems are operated, 
maintained, modified, tested, or inspected. The proposed change does 
not require any plant modifications which affect the performance 
capability of the structures, systems, and components relied upon to 
mitigate the consequences of postulated accidents and has no impact 
on the probability or consequences of an accident previously 
evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No
    The implementation of the PSEG CSP does not introduce new 
equipment that could create a new or different kind of accident, and 
no new equipment failure modes are created. No new accident 
scenarios, failure mechanisms, or limiting single failures are 
introduced as a result of this proposed amendment.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change to 
the CSP Implementation Schedule is administrative in nature. In 
addition, the

[[Page 68472]]

milestone date delay for full implementation of the CSP has no 
substantive impact because other measures have been taken which 
provide adequate protection during this period of time. Because 
there is no change to established safety margins as a result of this 
change, the proposed change does not involve a significant reduction 
in a margin of safety.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Jeffrie J. Keenan, PSEG Nuclear LLC--N21, 
P.O. Box 236, Hancocks Bridge, New Jersey 08038.
    NRC Branch Chief: Douglas A. Broaddus.
South Carolina Electric and Gas Company, South Carolina Public Service 
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit 
No. 1, Fairfield County, South Carolina
    Date of amendment request: June 30, 2016, as supplement by letter 
dated August 4, 2016. Publicly-available versions are in ADAMS under 
Accession Nos. ML16188A105 and ML16221A034, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the implementation date for Milestone No. 8 of 
the Cyber Security Plan.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change revises the Cyber Security Plan 
Implementation Schedule. This change does not alter accident 
analysis assumptions, add any initiators, or affect the function of 
plant systems or the manner in which systems are operated, 
maintained, modified, tested, or inspected. The proposed change is a 
change to the completion date of Implementation Milestone 8, that in 
itself does not require any plant modifications which affect the 
performance capability of the structures, systems, and components 
relied upon to mitigate the consequences of postulated accidents and 
have no impact on the probability or consequences of an accident 
previously evaluated.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change revises the Cyber Security Plan 
Implementation Schedule. This proposed change to modify the 
completion date of Implementation Milestone 8 does not alter 
accident analysis assumptions, add any initiators, or affect the 
function of plant systems or the manner in which systems are 
operated, maintained, modified, tested, or inspected. The proposed 
change does not require any plant modifications which affect the 
performance capability of the structures, systems and components 
relied upon to mitigate the consequences of postulated accidents. 
This change also does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety system settings, and safety limits 
specified in the technical specifications. The proposed change 
revises the Cyber Security Plan Implementation Schedule. Because 
there is no change to these established safety margins as result of 
this change, the proposed change does not involve a significant 
reduction in a margin of safety. Therefore, the proposed change does 
not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Kathryn M. Sutton, Morgan, Lewis & Bockius 
LLP, 1111 Pennsylvania Avenue NW., Washington, DC 20004.
    NRC Branch Chief: Michael T. Markley.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Arizona Public Service Company, et al. (APS), Docket Nos. STN 50-528, 
STN 50-529, and STN 50-530, Palo Verde Nuclear Generating Station 
(PVNGS), Units 1, 2, and 3, Maricopa County, Arizona
Energy Northwest, Docket No. 50-397, Columbia Generating Station, 
Benton County, Washington
PSEG Nuclear LLC, Docket Nos. 50-354, 50-272, and 50-311, Hope Creek 
Generating Station and Salem Nuclear Generating Station, Unit Nos. 1 
and 2, Salem County, New Jersey
South Carolina Electric and Gas Company, South Carolina Public Service 
Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit 
No. 1, Fairfield County, South 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\

[[Page 68473]]

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 provided access to that information. However, if more 
than 25 days remain between the date the petitioner is provided 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) an 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, as amended at 77 
FR 46562, August 3, 2012) 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 proposed 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 19th day of September, 2016.

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

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

------------------------------------------------------------------------
             Day                             Event/activity
------------------------------------------------------------------------
0............................  Publication of Federal Register notice of
                                hearing and opportunity to petition for
                                leave to intervene, including order with
                                instructions for access requests.
10...........................  Deadline for submitting requests for
                                access to Sensitive Unclassified Non-
                                Safeguards Information (SUNSI) with
                                information: Supporting the standing of
                                a potential party identified by name and
                                address; describing the need for the
                                information in order for the potential
                                party to participate meaningfully in an
                                adjudicatory proceeding.
60...........................  Deadline for submitting petition for
                                intervention containing: (i)
                                Demonstration of standing; and (ii) all
                                contentions whose formulation does not
                                require access to SUNSI (+25 Answers to
                                petition for intervention; +7 petitioner/
                                requestor reply).
20...........................  U.S. Nuclear Regulatory Commission (NRC)
                                staff informs the requester of the
                                staff's determination whether the
                                request for access provides a reasonable
                                basis to believe standing can be
                                established and shows need for SUNSI.
                                (NRC staff also informs any party to the
                                proceeding whose interest independent of
                                the proceeding would be harmed by the
                                release of the information.) If NRC
                                staff makes the finding of need for
                                SUNSI and likelihood of standing, NRC
                                staff begins document processing
                                (preparation of redactions or review of
                                redacted documents).

[[Page 68474]]

 
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. 2016-23210 Filed 10-3-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices                                          68467

                                                  NUCLEAR REGULATORY                                        • Mail comments to: Cindy Bladey,                   submissions at http://
                                                  COMMISSION                                              Office of Administration, Mail Stop:                  www.regulations.gov as well as enter the
                                                                                                          OWFN–12–H08, U.S. Nuclear                             comment submissions into ADAMS.
                                                  [NRC–2016–0194]                                         Regulatory Commission, Washington,                    The NRC does not routinely edit
                                                                                                          DC 20555–0001.                                        comment submissions to remove
                                                  Applications and Amendments to                            For additional direction on obtaining               identifying or contact information.
                                                  Facility Operating Licenses and                         information and submitting comments,                    If you are requesting or aggregating
                                                  Combined Licenses Involving                             see ‘‘Obtaining Information and                       comments from other persons for
                                                  Proposed No Significant Hazards                         Submitting Comments’’ in the                          submission to the NRC, then you should
                                                  Considerations and Containing                           SUPPLEMENTARY INFORMATION section of                  inform those persons not to include
                                                  Sensitive Unclassified Non-Safeguards                   this document.                                        identifying or contact information that
                                                  Information and Order Imposing                          FOR FURTHER INFORMATION CONTACT:                      they do not want to be publicly
                                                  Procedures for Access to Sensitive                      Shirley J. Rohrer, Office of Nuclear                  disclosed in their comment submission.
                                                  Unclassified Non-Safeguards                             Reactor Regulation, U.S. Nuclear                      Your request should state that the NRC
                                                  Information                                             Regulatory Commission, Washington,                    does not routinely edit comment
                                                                                                          DC 20555–0001; telephone: 301–415–                    submissions to remove such information
                                                  AGENCY:  Nuclear Regulatory                             5411, email: Shirley.rohrer@nrc.gov.                  before making the comment
                                                  Commission.                                                                                                   submissions available to the public or
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  ACTION: License amendment request;                                                                            entering the comment into ADAMS.
                                                  notice of opportunity to comment,                       I. Obtaining Information and
                                                                                                                                                                II. Background
                                                  request a hearing, and petition for leave               Submitting Comments
                                                  to intervene; order imposing                                                                                     Pursuant to Section 189a.(2) of the
                                                                                                          A. Obtaining Information                              Atomic Energy Act of 1954, as amended
                                                  procedures.
                                                                                                             Please refer to Docket ID NRC–2016–                (the Act), the NRC is publishing this
                                                  SUMMARY:   The U.S. Nuclear Regulatory                  0194, facility name, unit number(s),                  notice. The Act requires the
                                                  Commission (NRC) received and is                        plant docket number, application date,                Commission to publish notice of any
                                                  considering approval of four                            and subject when contacting the NRC                   amendments issued, or proposed to be
                                                  amendment requests. The amendment                       about the availability of information for             issued and grants the Commission the
                                                  requests are for Palo Verde Nuclear                     this action. You may obtain publicly-                 authority to issue and make
                                                  Generating Station, Units 1, 2, and 3;                  available information related to this                 immediately effective any amendment
                                                  Columbia Generating Station; Hope                       action by any of the following methods:               to an operating license or combined
                                                  Creek Generating Station and Salem                         • Federal rulemaking Web site: Go to               license, as applicable, upon a
                                                  Nuclear Generating Station, Unit Nos. 1                 http://www.regulations.gov and search                 determination by the Commission that
                                                  and 2; and Virgil C. Summer Nuclear                     for Docket ID NRC–2016–0194.                          such amendment involves no significant
                                                  Station, Unit No. 1. For each                              • NRC’s Agencywide Documents                       hazards consideration, notwithstanding
                                                  amendment request, the NRC proposes                     Access and Management System                          the pendency before the Commission of
                                                  to determine that they involve no                       (ADAMS): You may obtain publicly-                     a request for a hearing from any person.
                                                  significant hazards consideration.                      available documents online in the                        This notice includes notices of
                                                  Because each amendment request                          ADAMS Public Documents collection at                  amendments containing SUNSI.
                                                  contains sensitive unclassified non-                    http://www.nrc.gov/reading-rm/
                                                                                                                                                                III. Notice of Consideration of Issuance
                                                  safeguards information (SUNSI) an                       adams.html. To begin the search, select
                                                                                                                                                                of Amendments to Facility Operating
                                                  order imposes procedures to obtain                      ‘‘ADAMS Public Documents’’ and then
                                                                                                                                                                Licenses and Combined Licenses,
                                                  access to SUNSI for contention                          select ‘‘Begin Web-based ADAMS
                                                                                                                                                                Proposed No Significant Hazards
                                                  preparation.                                            Search.’’ For problems with ADAMS,
                                                                                                                                                                Consideration Determination, and
                                                                                                          please contact the NRC’s Public
                                                  DATES:  Comments must be filed by                                                                             Opportunity for a Hearing
                                                                                                          Document Room (PDR) reference staff at
                                                  November 3, 2016. A request for a                       1–800–397–4209, 301–415–4737, or by                      The Commission has made a
                                                  hearing must be filed by December 5,                    email to pdr.resource@nrc.gov. The                    proposed determination that the
                                                  2016. Any potential party as defined in                 ADAMS accession number for each                       following amendment requests involve
                                                  § 2.4 of title 10 of the Code of Federal                document referenced (if it is available in            no significant hazards consideration.
                                                  Regulations (10 CFR), who believes                      ADAMS) is provided the first time that                Under the Commission’s regulations in
                                                  access to SUNSI is necessary to respond                 it is mentioned in this document.                     10 CFR 50.92, this means that operation
                                                  to this notice must request document                       • NRC’s PDR: You may examine and                   of the facility in accordance with the
                                                  access by October 14, 2016.                             purchase copies of public documents at                proposed amendment would not (1)
                                                  ADDRESSES: You may submit comments                      the NRC’s PDR, Room O1–F21, One                       involve a significant increase in the
                                                  by any of the following methods (unless                 White Flint North, 11555 Rockville                    probability or consequences of an
                                                  this document describes a different                     Pike, Rockville, Maryland 20852.                      accident previously evaluated, or (2)
                                                  method for submitting comments on a                                                                           create the possibility of a new or
                                                  specific subject):                                      B. Submitting Comments                                different kind of accident from any
                                                    • Federal Rulemaking Web site: Go to                    Please include Docket ID NRC–2016–                  accident previously evaluated, or (3)
                                                  http://www.regulations.gov and search                   0194, facility name, unit number(s),                  involve a significant reduction in a
                                                  for Docket ID NRC–2016–0194. Address                    plant docket number, application date,                margin of safety. The basis for this
mstockstill on DSK3G9T082PROD with NOTICES




                                                  questions about NRC dockets to Carol                    and subject in your comment                           proposed determination for each
                                                  Gallagher; telephone: 301–415–3463;                     submission.                                           amendment request is shown below.
                                                  email: Carol.Gallagher@nrc.gov. For                       The NRC cautions you not to include                    The Commission is seeking public
                                                  technical questions, contact the                        identifying or contact information that               comments on this proposed
                                                  individual listed in the FOR FURTHER                    you do not want to be publicly                        determination. Any comments received
                                                  INFORMATION CONTACT section of this                     disclosed in your comment submission.                 within 30 days after the date of
                                                  document.                                               The NRC will post all comment                         publication of this notice will be


                                             VerDate Sep<11>2014   19:01 Oct 03, 2016   Jkt 241001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\04OCN1.SGM   04OCN1


                                                  68468                        Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

                                                  considered in making any final                          be affected by the results of the                     that the filing demonstrates good cause
                                                  determination.                                          proceeding. The petition should                       by satisfying the three factors in 10 CFR
                                                     Normally, the Commission will not                    specifically explain the reasons why                  2.309(c)(1)(i)–(iii).
                                                  issue the amendment until the                           intervention should be permitted with                    If a hearing is requested, and the
                                                  expiration of 60 days after the date of                 particular reference to the following                 Commission has not made a final
                                                  publication of this notice. The                         general requirements: (1) The name,                   determination on the issue of no
                                                  Commission may issue the license                        address, and telephone number of the                  significant hazards consideration, the
                                                  amendment before expiration of the 60-                  petitioner; (2) the nature of the                     Commission will make a final
                                                  day period provided that its final                      petitioner’s right under the Act to be                determination on the issue of no
                                                  determination is that the amendment                     made a party to the proceeding; (3) the               significant hazards consideration. The
                                                  involves no significant hazards                         nature and extent of the petitioner’s                 final determination will serve to decide
                                                  consideration. In addition, the                         property, financial, or other interest in             when the hearing is held. If the final
                                                  Commission may issue the amendment                      the proceeding; and (4) the possible                  determination is that the amendment
                                                  prior to the expiration of the 30-day                   effect of any decision or order which                 request involves no significant hazards
                                                  comment period if circumstances                         may be entered in the proceeding on the               consideration, the Commission may
                                                  change during the 30-day comment                        petitioner’s interest. The petition must              issue the amendment and make it
                                                  period such that failure to act in a                    also set forth the specific contentions               immediately effective, notwithstanding
                                                  timely way would result, for example,                   which the petitioner seeks to have                    the request for a hearing. Any hearing
                                                  in derating or shutdown of the facility.                litigated at the proceeding.                          held would take place after issuance of
                                                  If the Commission takes action prior to                    Each contention must consist of a                  the amendment. If the final
                                                  the expiration of either the comment                    specific statement of the issue of law or             determination is that the amendment
                                                  period or the notice period, it will                    fact to be raised or controverted. In                 request involves a significant hazards
                                                  publish a notice of issuance in the                     addition, the petitioner shall provide a              consideration, then any hearing held
                                                  Federal Register. If the Commission                     brief explanation of the bases for the                would take place before the issuance of
                                                  makes a final no significant hazards                    contention and a concise statement of                 any amendment unless the Commission
                                                  consideration determination, any                        the alleged facts or expert opinion                   finds an imminent danger to the health
                                                  hearing will take place after issuance.                 which support the contention and on                   or safety of the public, in which case it
                                                  The Commission expects that the need                    which the petitioner intends to rely in               will issue an appropriate order or rule
                                                  to take this action will occur very                     proving the contention at the hearing.                under 10 CFR part 2.
                                                  infrequently.                                           The petitioner must also provide                         A State, local governmental body,
                                                                                                          references to those specific sources and              Federally-recognized Indian Tribe, or
                                                  A. Opportunity To Request a Hearing                                                                           agency thereof, may submit a petition to
                                                                                                          documents of which the petitioner is
                                                  and Petition for Leave To Intervene                                                                           the Commission to participate as a party
                                                                                                          aware and on which the petitioner
                                                     Within 60 days after the date of                     intends to rely to establish those facts or           under 10 CFR 2.309(h)(1).
                                                  publication of this notice, any persons                 expert opinion to support its position on                The petition should state the nature
                                                  (petitioner) whose interest may be                      the issue. The petition must include                  and extent of the petitioner’s interest in
                                                  affected by this action may file a request              sufficient information to show that a                 the proceeding. The petition should be
                                                  for a hearing and a petition to intervene               genuine dispute exists with the                       submitted to the Commission by
                                                  (petition) with respect to issuance of the              applicant on a material issue of law or               December 5, 2016. The petition must be
                                                  amendment to the subject facility                       fact. Contentions shall be limited to                 filed in accordance with the filing
                                                  operating license or combined license.                  matters within the scope of the                       instructions in the ‘‘Electronic
                                                  Petitions shall be filed in accordance                  amendment under consideration. The                    Submissions (E-Filing)’’ section of this
                                                  with the Commission’s ‘‘Agency Rules                    contention must be one which, if                      document, and should meet the
                                                  of Practice and Procedure’’ in 10 CFR                   proven, would entitle the petitioner to               requirements for petitions set forth in
                                                  part 2. Interested persons should                       relief. A petitioner who fails to satisfy             this section, except that under 10 CFR
                                                  consult a current copy of 10 CFR 2.309,                 these requirements with respect to at                 2.309(h)(2) a State, local governmental
                                                  which is available at the NRC’s PDR,                    least one contention will not be                      body, or Federally-recognized Indian
                                                  located at One White Flint North, Room                  permitted to participate as a party.                  Tribe, or agency thereof does not need
                                                  O1–F21, 11555 Rockville Pike (first                        Those permitted to intervene become                to address the standing requirements in
                                                  floor), Rockville, Maryland 20852. The                  parties to the proceeding, subject to any             10 CFR 2.309(d) if the facility is located
                                                  NRC’s regulations are accessible                        limitations in the order granting leave to            within its boundaries. A State, local
                                                  electronically from the NRC Library on                  intervene, and have the opportunity to                governmental body, Federally-
                                                  the NRC’s Web site at http://                           participate fully in the conduct of the               recognized Indian Tribe, or agency
                                                  www.nrc.gov/reading-rm/doc-                             hearing with respect to resolution of                 thereof may also have the opportunity to
                                                  collections/cfr/. If a petition is filed                that person’s admitted contentions,                   participate under 10 CFR 2.315(c).
                                                  within 60 days, the Commission or a                     including the opportunity to present                     If a hearing is granted, any person
                                                  presiding officer designated by the                     evidence and to submit a cross-                       who does not wish, or is not qualified,
                                                  Commission or by the Chief                              examination plan for cross-examination                to become a party to the proceeding
                                                  Administrative Judge of the Atomic                      of witnesses, consistent with the NRC’s               may, in the discretion of the presiding
                                                  Safety and Licensing Board Panel, will                  regulations, policies, and procedures.                officer, be permitted to make a limited
                                                  rule on the petition; and the Secretary                    Petitions for leave to intervene must              appearance pursuant to the provisions
                                                  or the Chief Administrative Judge of the                be filed no later than 60 days from the               of 10 CFR 2.315(a). A person making a
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                                                  Atomic Safety and Licensing Board will                  date of publication of this notice.                   limited appearance may make an oral or
                                                  issue a notice of a hearing or an                       Requests for hearing, petitions for leave             written statement of position on the
                                                  appropriate order.                                      to intervene, and motions for leave to                issues, but may not otherwise
                                                     As required by 10 CFR 2.309, a                       file new or amended contentions that                  participate in the proceeding. A limited
                                                  petition shall set forth with particularity             are filed after the 60-day deadline will              appearance may be made at any session
                                                  the interest of the petitioner in the                   not be entertained absent a                           of the hearing or at any prehearing
                                                  proceeding, and how that interest may                   determination by the presiding officer                conference, subject to the limits and


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                                                                               Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices                                           68469

                                                  conditions as may be imposed by the                     able to offer assistance in using unlisted            Flint North, 11555 Rockville Pike,
                                                  presiding officer. Details regarding the                software.                                             Rockville, Maryland 20852, Attention:
                                                  opportunity to make a limited                              Once a participant has obtained a                  Rulemaking and Adjudications Staff.
                                                  appearance will be provided by the                      digital ID certificate and a docket has               Participants filing a document in this
                                                  presiding officer if such sessions are                  been created, the participant can then                manner are responsible for serving the
                                                  scheduled.                                              submit a petition. Submissions should                 document on all other participants.
                                                                                                          be in Portable Document Format (PDF).                 Filing is considered complete by first-
                                                  B. Electronic Submissions (E-Filing)                    Additional guidance on PDF                            class mail as of the time of deposit in
                                                     All documents filed in NRC                           submissions is available on the NRC’s                 the mail, or by courier, express mail, or
                                                  adjudicatory proceedings, including a                   public Web site at http://www.nrc.gov/                expedited delivery service upon
                                                  request for hearing, a petition for leave               site-help/electronic-sub-ref-mat.html. A              depositing the document with the
                                                  to intervene, any motion or other                       filing is considered complete at the time             provider of the service. A presiding
                                                  document filed in the proceeding prior                  the documents are submitted through                   officer, having granted an exemption
                                                  to the submission of a request for                      the NRC’s E-Filing system. To be timely,              request from using E-Filing, may require
                                                  hearing or petition to intervene                        an electronic filing must be submitted to             a participant or party to use E-Filing if
                                                  (hereinafter ‘‘petition’’), and documents               the E-Filing system no later than 11:59               the presiding officer subsequently
                                                  filed by interested governmental entities               p.m. Eastern Time on the due date.                    determines that the reason for granting
                                                  participating under 10 CFR 2.315(c),                    Upon receipt of a transmission, the E-                the exemption from use of E-Filing no
                                                  must be filed in accordance with the                    Filing system time-stamps the document                longer exists.
                                                  NRC’s E-Filing rule (72 FR 49139;                       and sends the submitter an email notice                  Documents submitted in adjudicatory
                                                  August 28, 2007, as amended at 77 FR                    confirming receipt of the document. The               proceedings will appear in the NRC’s
                                                  46562, August 3, 2012). The E-Filing                    E-Filing system also distributes an email             electronic hearing docket which is
                                                  process requires participants to submit                 notice that provides access to the                    available to the public at http://
                                                  and serve all adjudicatory documents                    document to the NRC’s Office of the                   ehd1.nrc.gov/ehd/, unless excluded
                                                  over the internet, or in some cases to                  General Counsel and any others who                    pursuant to an order of the Commission,
                                                  mail copies on electronic storage media.                have advised the Office of the Secretary              or the presiding officer. Participants are
                                                  Participants may not submit paper                       that they wish to participate in the                  requested not to include personal
                                                  copies of their filings unless they seek                proceeding, so that the filer need not                privacy information, such as social
                                                  an exemption in accordance with the                     serve the documents on those                          security numbers, home addresses, or
                                                  procedures described below.                             participants separately. Therefore,                   home phone numbers in their filings,
                                                                                                          applicants and other participants (or                 unless an NRC regulation or other law
                                                     To comply with the procedural
                                                                                                          their counsel or representative) must                 requires submission of such
                                                  requirements of E-Filing, at least 10
                                                                                                          apply for and receive a digital ID                    information. However, in some
                                                  days prior to the filing deadline, the
                                                                                                          certificate before a hearing petition to              instances, a petition will require
                                                  participant should contact the Office of
                                                                                                          intervene is filed so that they can obtain            including information on local
                                                  the Secretary by email at
                                                                                                          access to the document via the E-Filing               residence in order to demonstrate a
                                                  hearing.docket@nrc.gov, or by telephone
                                                                                                          system.                                               proximity assertion of interest in the
                                                  at 301–415–1677, to request (1) a digital                  A person filing electronically using               proceeding. With respect to copyrighted
                                                  identification (ID) certificate, which                  the NRC’s adjudicatory E-Filing system                works, except for limited excerpts that
                                                  allows the participant (or its counsel or               may seek assistance by contacting the                 serve the purpose of the adjudicatory
                                                  representative) to digitally sign                       NRC Electronic Filing Help Desk                       filings and would constitute a Fair Use
                                                  documents and access the E-Submittal                    through the ‘‘Contact Us’’ link located               application, participants are requested
                                                  server for any proceeding in which it is                on the NRC’s public Web site at http://               not to include copyrighted materials in
                                                  participating; and (2) advise the                       www.nrc.gov/site-help/e-                              their submission.
                                                  Secretary that the participant will be                  submittals.html, by email to                             The Commission will issue a notice or
                                                  submitting a petition (even in instances                MSHD.Resource@nrc.gov, or by a toll-                  order granting or denying a hearing
                                                  in which the participant, or its counsel                free call at 1–866–672–7640. The NRC                  request or intervention petition,
                                                  or representative, already holds an NRC-                Electronic Filing Help Desk is available              designating the issues for any hearing
                                                  issued digital ID certificate). Based upon              between 9 a.m. and 7 p.m., Eastern                    that will be held and designating the
                                                  this information, the Secretary will                    Time, Monday through Friday,                          Presiding Officer. A notice granting a
                                                  establish an electronic docket for the                  excluding government holidays.                        hearing will be published in the Federal
                                                  hearing in this proceeding if the                          Participants who believe that they                 Register and served on the parties to the
                                                  Secretary has not already established an                have a good cause for not submitting                  hearing.
                                                  electronic docket.                                      documents electronically must file an
                                                     Information about applying for a                     exemption request, in accordance with                 Arizona Public Service Company, et al.
                                                  digital ID certificate is available on the              10 CFR 2.302(g), with their initial paper             (APS), Docket Nos. STN 50–528, STN
                                                  NRC’s public Web site at http://                        filing stating why there is good cause for            50–529, and STN 50–530, Palo Verde
                                                  www.nrc.gov/site-help/e-submittals/                     not filing electronically and requesting              Nuclear Generating Station (PVNGS),
                                                  getting-started.html. System                            authorization to continue to submit                   Units 1, 2, and 3, Maricopa County,
                                                  requirements for accessing the E-                       documents in paper format. Such filings               Arizona
                                                  Submittal server are available on the                   must be submitted by: (1) First class                   Date of amendment request: July 1,
                                                  NRC’s public Web site at http://                        mail addressed to the Office of the                   2016. A publicly-available version is in
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                                                  www.nrc.gov/site-help/e-submittals/                     Secretary of the Commission, U.S.                     ADAMS under Accession No.
                                                  adjudicatory-sub.html. Participants may                 Nuclear Regulatory Commission,                        ML16188A336.
                                                  attempt to use other software not listed                Washington, DC 20555–0001, Attention:                   Description of amendment request:
                                                  on the Web site, but should note that the               Rulemaking and Adjudications Staff; or                This amendment request contains
                                                  NRC’s E-Filing system does not support                  (2) courier, express mail, or expedited               sensitive unclassified non-safeguards
                                                  unlisted software, and the NRC                          delivery service to the Office of the                 information (SUNSI). The amendments
                                                  Electronic Filing Help Desk will not be                 Secretary, Sixteenth Floor, One White                 would revise the Technical


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                                                  68470                        Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

                                                  Specifications (TSs) for PVNGS, Units 1,                increase in the probability or consequences           criteria of 10 CFR 50.46 are satisfied when
                                                  2, and 3, to support the implementation                 of an accident previously evaluated.                  Optimized ZIRLOTM fuel rod cladding is
                                                  of next generation fuel (NGF). In                          2. Does the proposed amendment create              implemented.
                                                                                                          the possibility of a new or different kind of            Therefore, the proposed change to TS
                                                  addition to the license amendment
                                                                                                          accident from any accident previously                 Section 4.2.1 does not involve a significant
                                                  request (LAR), APS is requesting an                     evaluated?                                            reduction in a margin of safety.
                                                  exemption from certain requirements of                     Response: No.                                         The proposed changes to TS Section 5.6.5
                                                  10 CFR 50.46, ‘‘Acceptance Criteria for                    The proposed change to TS Section 4.2.1            have no impact on any plant configuration or
                                                  Emergency Core Cooling Systems                          adds Optimized ZIRLOTM fuel rod cladding              system performance. The proposed changes
                                                  [(ECCS)] for Light-Water Nuclear Power                  material as an acceptable material consistent         to TS Section 5.6.5 will add the NRC-
                                                  Reactors,’’ and 10 CFR 50, Appendix K,                  with the permanent exemption request                  approved topical reports, as described, to the
                                                  ‘‘ECCS Evaluation Models,’’ to allow the                presented in Section 7 of [the] LAR.                  list of referenced core operating analytical
                                                                                                             Use of Optimized ZIRLOTM clad fuel will            methods. The proposed changes do not
                                                  use of Optimized ZIRLOTM as a fuel rod
                                                                                                          not result in changes in the operation or             amend the cycle specific parameter limits
                                                  cladding material.                                      configuration of the facility. Topical report         located in the PVNGS unit specific [core
                                                     The proposed change will allow for                   CENPD–404–P–A demonstrated that the                   operating limits report (COLR)] from the
                                                  the implementation of NGF including                     material properties of Optimized ZIRLOTM              values presently required by the TS. The
                                                  the use of Optimized ZIRLOTM fuel rod                   are similar to those of standard ZIRLO®.              individual specifications continue to require
                                                  cladding material. The NGF assemblies                      Therefore, Optimized ZIRLOTM fuel rod              operation of the plant within the bounds of
                                                  contain advanced features to enhance                    cladding will perform similarly to those              the limits specified in PVNGS unit specific
                                                                                                          fabricated from standard ZIRLO® thus                  COLR.
                                                  fuel reliability, thermal performance,                                                                           Therefore, the proposed change does not
                                                                                                          precluding the possibility of the fuel
                                                  and fuel cycle economics.                               becoming an accident initiator and causing a          involve a significant reduction in a margin of
                                                     Basis for proposed no significant                    new or different type of accident.                    safety.
                                                  hazards consideration determination:                       Therefore, the proposed change to TS
                                                                                                                                                                   The NRC staff has reviewed the
                                                  As required by 10 CFR 50.91(a), the                     Section 4.2.1 does not create the possibility
                                                                                                          of a new or different kind of accident from
                                                                                                                                                                licensee’s analysis and, based on this
                                                  licensee has provided its analysis of the                                                                     review, it appears that the three
                                                  issue of no significant hazards                         any previously evaluated.
                                                                                                             The proposed changes to TS Section 5.6.5           standards of 10 CFR 50.92(c) are
                                                  consideration, which is presented                                                                             satisfied. Therefore, the NRC staff
                                                                                                          have no impact on any plant configuration or
                                                  below:                                                  system performance. Changes to the                    proposes to determine that the
                                                     1. Does the proposed amendment involve               calculated core operating limits may only be          amendment request involves no
                                                  a significant increase in the probability or            made using NRC approved methodologies,                significant hazards consideration.
                                                  consequences of an accident previously                  must be consistent with all applicable safety            Attorney for licensee: Michael G.
                                                  evaluated?                                              analysis limits, and are controlled by the 10         Green, Senior Regulatory Counsel,
                                                     Response: No.                                        CFR 50.59 process. The proposed changes to
                                                                                                                                                                Pinnacle West Capital Corporation, P.O.
                                                     The proposed change to TS Section 4.2.1              TS Section 5.6.5 will add the NRC-approved
                                                  adds Optimized ZIRLOTM fuel rod cladding                topical reports, as described, to the list of         Box 52034, Mail Station 8695, Phoenix,
                                                  material as an acceptable material consistent           referenced core operating analytical methods.         Arizona 85072–2034.
                                                  with the permanent exemption request                    APS has demonstrated that the limitations                NRC Branch Chief: Robert J.
                                                  presented in Section 7 of [the] LAR.                    and conditions contained in the NRC Safety            Pascarelli.
                                                     The NRC approved topical report CENPD–               Evaluation for these topical reports, and their
                                                                                                                                                                Energy Northwest, Docket No. 50–397,
                                                  404–P–A, Addendum 1–A and Addendum 2–                   various supplements and revisions as
                                                  A addresses Optimized ZIRLOTM and                       identified in Attachment 5 to [the enclosure          Columbia Generating Station, Benton
                                                  demonstrates that Optimized ZIRLOTM has                 to APS’s letter dated July 1, 2016], will be          County, Washington
                                                  essentially the same properties as currently            met as described in Section 3.2.                         Date of amendment request: June 28,
                                                  licensed ZIRLO®. The fuel cladding itself is               Therefore, the proposed change does not            2016, as supplemented by letter dated
                                                  not an accident initiator and does not affect           create the possibility of a new or different          August 18, 2016. Publicly-available
                                                  accident probability. Use of Optimized                  kind of accident from any previously
                                                  ZIRLOTM fuel cladding has been shown to                 evaluated.
                                                                                                                                                                versions are in ADAMS under
                                                  meet all 10 CFR 50.46 design criteria and,                 3. Does the proposed amendment involve             Accession Nos. ML16183A365 and
                                                  therefore, will not increase the consequences           a significant reduction in a margin of safety?        ML16231A511.
                                                  of an accident.                                            Response: No.                                         Description of amendment request:
                                                     Therefore, the proposed change to TS                    The proposed change to TS Section 4.2.1            This amendment request contains
                                                  Section 4.2.1 does not involve a significant            adds Optimized ZIRLOTM fuel rod cladding              sensitive unclassified non-safeguards
                                                  increase in the probability or consequences             material as an acceptable material consistent         information (SUNSI). The amendment
                                                  of an accident previously evaluated.                    with the permanent exemption request                  would revise the operating license and
                                                     The proposed changes to TS Section 5.6.5             presented in Section 7 of [the] LAR.                  technical specifications to implement an
                                                  have no impact on any plant configuration or               The proposed change will not involve a             increase in rated thermal power from
                                                  system performance. Changes to the                      significant reduction in the margin of safety
                                                  calculated core operating limits may only be            because it has been demonstrated that the
                                                                                                                                                                the current licensed thermal power of
                                                  made using NRC approved methodologies,                  material properties of the Optimized                  3486 megawatts thermal (MWt) to a
                                                  must be consistent with all applicable safety           ZIRLOTM are not significantly different from          measurement uncertainty recapture
                                                  analysis limits, and are controlled by the 10           those of standard ZIRLO®. Optimized                   thermal power of 3544 MWt.
                                                  CFR 50.59 process. The proposed changes to              ZIRLOTM is expected to perform similarly to              Basis for proposed no significant
                                                  TS Section 5.6.5 will add the NRC approved              standard ZIRLO® for all normal operating,             hazards consideration determination:
                                                  topical reports, as described, to the list of           transient, and accident scenarios, including          As required by 10 CFR 50.91(a), the
                                                  referenced core operating analytical methods.           both loss of coolant accident (LOCA) and              licensee has provided its analysis of the
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                                                  APS has demonstrated that the limitations               non-LOCA scenarios. For LOCA scenarios,               issue of no significant hazards
                                                  and conditions contained in the NRC Safety              where the slight difference in Optimized              consideration, which is presented
                                                  Evaluation for these topical reports, and their         ZIRLOTM material properties relative to
                                                  various supplements and revisions will be               standard ZIRLO® could have some impact on
                                                                                                                                                                below:
                                                  met as described in Attachment 5 to [the                the overall accident scenario, plant-specific           1. Does the proposed change involve a
                                                  enclosure to APS’s letter dated July 1, 2016].          LOCA analyses using Optimized ZIRLOTM                 significant increase in the probability or
                                                     Therefore, the proposed change to TS                 properties were performed. These LOCA                 consequences of an accident previously
                                                  Section 5.6.5 does not involve a significant            analyses demonstrate that the acceptance              evaluated?



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                                                                               Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices                                              68471

                                                     Response: No.                                           Response: No.                                         Description of amendment request:
                                                     The proposed change will increase the                   No new accident scenarios, failure                 This amendment request contains
                                                  Columbia Generating Station rated thermal               mechanisms, or limiting single failures are           sensitive unclassified non-safeguards
                                                  power [(RTP)] from 3486 MWt to 3544 MWt.                introduced as a result of the proposed
                                                  The reviews and evaluations performed to                changes. The proposed changes do not
                                                                                                                                                                information (SUNSI). The amendments
                                                  support the proposed uprated power                      adversely affect any current system interfaces        would revise the Cyber Security Plan
                                                  conditions included all structures, systems             or create any new interfaces that could result        (CSP) Milestone 8 implementation
                                                  and components that would be affected by                in an accident or malfunction of a different          schedule for Hope Creek Generating
                                                  the proposed changes. The reviews and                   kind than previously evaluated. All                   Station and Salem Nuclear Generating
                                                  evaluations determined that these structures,           structures, systems and components                    Station, Unit Nos. 1 and 2. Specifically,
                                                  systems, and components are capable of                  previously required for the mitigation of a           this change would extend the PSEG
                                                  performing their design function at the                 transient remain capable of fulfilling their
                                                                                                          intended design functions. The proposed
                                                                                                                                                                Nuclear LLC (PSEG) CSP Milestone 8
                                                  proposed uprated RTP of 3544 MWt. All
                                                  accident mitigation systems will function as            changes have no adverse effects on any                full implementation date as set forth in
                                                  designed, and all performance requirements              safety-related system or component and do             the PSEG CSP implementation schedule
                                                  for these systems have been evaluated and               not challenge the performance or integrity of         and revise the Facility Operating
                                                  were found acceptable.                                  any safety-related system.                            Licenses.
                                                     Thus, the proposed changes do not create                Plant operation at a RTP of 3544 MWt does             Basis for proposed no significant
                                                  any new accident initiators or increase the             not create any new accident initiators or             hazards consideration determination:
                                                  probability of an accident previously                   precursors. Credible malfunctions are                 As required by 10 CFR 50.91(a), the
                                                  evaluated.                                              bounded by the current accident analysis of
                                                                                                          record or recent evaluations demonstrate that
                                                                                                                                                                licensee has provided its analysis of the
                                                     The primary loop components (e.g., reactor
                                                  vessel, reactor internals, control rod drive            applicable criteria are still met with the            issue of no significant hazards
                                                  housings, piping and supports, and                      proposed changes. Therefore, the proposed             consideration, which is presented
                                                  recirculation pumps) remain within their                changes do not create the possibility of a new        below:
                                                  applicable structural limits and will continue          or different kind of accident from any                   1. Do the proposed changes involve a
                                                  to perform their intended design functions.             accident previously evaluated.                        significant increase in the probability or
                                                     Thus, there is no increase in the                       3. Does the proposed change involve a              consequences of an accident previously
                                                  probability of a structural failure of these            significant reduction in a margin of safety?          evaluated?
                                                  components.                                                Response: No.                                         Response: No
                                                     The nuclear steam supply systems will                   The margins of safety associated with the             The proposed change to the CSP
                                                  continue to perform their intended design               power uprate are those pertaining to core
                                                                                                                                                                Implementation Schedule is administrative
                                                  functions during normal and accident                    thermal power. Operation at the uprated
                                                                                                                                                                in nature. This change does not alter accident
                                                  conditions. The balance of plant systems and            power condition does not involve a
                                                                                                                                                                analysis assumptions, add any initiators, or
                                                  components continue to meet their                       significant reduction in a margin of safety.
                                                                                                                                                                affect the function of plant systems or the
                                                  applicable structural limits and will continue          Analyses of the primary fission product
                                                  to perform their intended design functions.                                                                   manner in which systems are operated,
                                                                                                          barriers have concluded that relevant design
                                                     Thus, there is no increase in the                                                                          maintained, modified, tested, or inspected.
                                                                                                          criteria remain satisfied, both from the
                                                  probability of a failure of these components.                                                                 The proposed change does not require any
                                                                                                          standpoint of the integrity of the primary
                                                  The safety relief valves and containment                                                                      plant modifications which affect the
                                                                                                          fission product barrier, and from the
                                                  isolation valves meet design sizing                     standpoint of compliance with the required            performance capability of the structures,
                                                  requirements at the uprated power level.                acceptance criteria. As appropriate, all              systems, and components relied upon to
                                                  Because the integrity of the plant will not be          evaluations have been performed using                 mitigate the consequences of postulated
                                                  affected by operation at the uprated                    methods that have either been reviewed or             accidents and has no impact on the
                                                  condition, Energy Northwest has concluded               approved by the Nuclear Regulatory                    probability or consequences of an accident
                                                  that all structures, systems, and components            Commission, or that are in compliance with            previously evaluated.
                                                  required to mitigate a transient remain                 regulatory review guidance and standards.                Therefore, the proposed change does not
                                                  capable of fulfilling their intended functions.            Therefore, the proposed change does not            involve a significant increase in the
                                                     The current safety analyses remain                   involve a significant reduction in a margin of        probability or consequences of an accident
                                                  applicable, since they were performed at                safety.                                               previously evaluated.
                                                  power levels that bound operation at a core                                                                      2. Do the proposed changes create the
                                                  power of 3544 MWt. The results demonstrate                 The NRC staff has reviewed the                     possibility of a new or different kind of
                                                  that acceptance criteria of the applicable              licensee’s analysis and, based on this                accident from any accident previously
                                                  analyses continue to be met at the uprated              review, it appears that the three                     evaluated?
                                                  conditions. As such, all applicable accident            standards of 10 CFR 50.92(c) are                         Response: No
                                                  analyses continue to comply with the                    satisfied. Therefore, the NRC staff                      The implementation of the PSEG CSP does
                                                  relevant event acceptance criteria. The                 proposes to determine that the                        not introduce new equipment that could
                                                  analyses performed to assess the effects of                                                                   create a new or different kind of accident,
                                                                                                          amendment request involves no
                                                  mass and energy releases remain valid. The                                                                    and no new equipment failure modes are
                                                                                                          significant hazards consideration.                    created. No new accident scenarios, failure
                                                  source terms used to assess radiological
                                                                                                             Attorney for licensee: William A.                  mechanisms, or limiting single failures are
                                                  consequences have been reviewed and
                                                  determined to bound operation at the uprated            Horin, Esq., Winston & Strawn, 1700 K                 introduced as a result of this proposed
                                                  condition.                                              Street NW., Washington, DC 20006–                     amendment.
                                                     Power level is an input assumption to                3817.                                                    Therefore, the proposed change does not
                                                  equipment design and accident analyses, but                NRC Branch Chief: Robert J.                        create the possibility of a new or different
                                                  it is not a transient or accident initiator.            Pascarelli.                                           kind of accident from any previously
                                                  Accident initiators are not affected by power                                                                 evaluated.
                                                  uprate, and plant safety barrier challenges are         PSEG Nuclear LLC, Docket Nos. 50–354,                    3. Do the proposed changes involve a
                                                  not created by the proposed changes.                    50–272, and 50–311, Hope Creek                        significant reduction in a margin of safety?
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                                                  Therefore, the proposed changes do not                  Generating Station and Salem Nuclear                     Response: No
                                                  involve a significant increase in the                   Generating Station, Unit Nos. 1 and 2,                   Plant safety margins are established
                                                  probability or consequences of an accident              Salem County, New Jersey                              through limiting conditions for operation,
                                                  previously evaluated.                                                                                         limiting safety system settings, and safety
                                                     2. Does the proposed change create the                 Date of amendment request: June 30,                 limits specified in the technical
                                                  possibility of a new or different kind of               2016. A publicly-available version is in              specifications. The proposed change to the
                                                  accident from any accident previously                   ADAMS under Accession No.                             CSP Implementation Schedule is
                                                  evaluated?                                              ML16190A248.                                          administrative in nature. In addition, the



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                                                  68472                        Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

                                                  milestone date delay for full implementation               Therefore, the proposed change does not            Order Imposing Procedures for Access
                                                  of the CSP has no substantive impact because            involve a significant increase in the                 to Sensitive Unclassified Non-
                                                  other measures have been taken which                    probability or consequences of an accident            Safeguards Information for Contention
                                                  provide adequate protection during this                 previously evaluated.
                                                  period of time. Because there is no change to
                                                                                                                                                                Preparation
                                                                                                             2. Does the proposed change create the
                                                  established safety margins as a result of this                                                                Arizona Public Service Company, et al.
                                                  change, the proposed change does not                    possibility of a new or different kind of
                                                                                                          accident from any accident previously                 (APS), Docket Nos. STN 50–528, STN
                                                  involve a significant reduction in a margin of                                                                50–529, and STN 50–530, Palo Verde
                                                  safety.                                                 evaluated?
                                                    Therefore, the proposed change does not                  Response: No.                                      Nuclear Generating Station (PVNGS),
                                                  involve a significant reduction in a margin of             The proposed change revises the Cyber              Units 1, 2, and 3, Maricopa County,
                                                  safety.                                                 Security Plan Implementation Schedule. This           Arizona
                                                     The NRC staff has reviewed the                       proposed change to modify the completion              Energy Northwest, Docket No. 50–397,
                                                  licensee’s analysis and, based on this                  date of Implementation Milestone 8 does not           Columbia Generating Station, Benton
                                                  review, it appears that the three                       alter accident analysis assumptions, add any          County, Washington
                                                  standards of 10 CFR 50.92(c) are                        initiators, or affect the function of plant
                                                                                                          systems or the manner in which systems are
                                                                                                                                                                PSEG Nuclear LLC, Docket Nos. 50–354,
                                                  satisfied. Therefore, the NRC staff                                                                           50–272, and 50–311, Hope Creek
                                                  proposes to determine that the                          operated, maintained, modified, tested, or
                                                                                                          inspected. The proposed change does not
                                                                                                                                                                Generating Station and Salem Nuclear
                                                  amendment request involves no                                                                                 Generating Station, Unit Nos. 1 and 2,
                                                  significant hazards consideration.                      require any plant modifications which affect
                                                                                                          the performance capability of the structures,         Salem County, New Jersey
                                                     Attorney for licensee: Jeffrie J. Keenan,
                                                  PSEG Nuclear LLC—N21, P.O. Box 236,                     systems and components relied upon to                 South Carolina Electric and Gas
                                                  Hancocks Bridge, New Jersey 08038.                      mitigate the consequences of postulated               Company, South Carolina Public
                                                     NRC Branch Chief: Douglas A.                         accidents. This change also does not create           Service Authority, Docket No. 50–395,
                                                  Broaddus.                                               the possibility of a new or different kind of         Virgil C. Summer Nuclear Station, Unit
                                                                                                          accident from any accident previously                 No. 1, Fairfield County, South Carolina
                                                  South Carolina Electric and Gas                         evaluated.
                                                  Company, South Carolina Public                                                                                   A. This Order contains instructions
                                                                                                             Therefore, the proposed change does not
                                                  Service Authority, Docket No. 50–395,                                                                         regarding how potential parties to this
                                                                                                          create the possibility of a new or different
                                                  Virgil C. Summer Nuclear Station, Unit                                                                        proceeding may request access to
                                                                                                          kind of accident from any accident
                                                  No. 1, Fairfield County, South Carolina                                                                       documents containing SUNSI.
                                                                                                          previously evaluated.
                                                                                                                                                                   B. Within 10 days after publication of
                                                     Date of amendment request: June 30,                     3. Does the proposed change involve a
                                                                                                                                                                this notice of hearing and opportunity to
                                                  2016, as supplement by letter dated                     significant reduction in a margin of safety?
                                                                                                                                                                petition for leave to intervene, any
                                                  August 4, 2016. Publicly-available                         Response: No.
                                                                                                                                                                potential party who believes access to
                                                  versions are in ADAMS under                                Plant safety margins are established
                                                                                                          through limiting conditions for operation,
                                                                                                                                                                SUNSI is necessary to respond to this
                                                  Accession Nos. ML16188A105 and                                                                                notice may request such access. A
                                                  ML16221A034, respectively.                              limiting safety system settings, and safety
                                                                                                          limits specified in the technical                     ‘‘potential party’’ is any person who
                                                     Description of amendment request:                                                                          intends to participate as a party by
                                                  This amendment request contains                         specifications. The proposed change revises
                                                                                                          the Cyber Security Plan Implementation                demonstrating standing and filing an
                                                  sensitive unclassified non-safeguards                                                                         admissible contention under 10 CFR
                                                  information (SUNSI). The amendment                      Schedule. Because there is no change to these
                                                                                                          established safety margins as result of this          2.309. Requests for access to SUNSI
                                                  would revise the implementation date                                                                          submitted later than 10 days after
                                                  for Milestone No. 8 of the Cyber                        change, the proposed change does not
                                                                                                          involve a significant reduction in a margin of        publication of this notice will not be
                                                  Security Plan.                                                                                                considered absent a showing of good
                                                     Basis for proposed no significant                    safety. Therefore, the proposed change does
                                                                                                          not involve a significant reduction in a              cause for the late filing, addressing why
                                                  hazards consideration determination:
                                                                                                          margin of safety.                                     the request could not have been filed
                                                  As required by 10 CFR 50.91(a), the
                                                                                                                                                                earlier.
                                                  licensee has provided its analysis of the                  The NRC staff has reviewed the                        C. The requester shall submit a letter
                                                  issue of no significant hazards                         licensee’s analysis and, based on this                requesting permission to access SUNSI
                                                  consideration, which is presented                                                                             to the Office of the Secretary, U.S.
                                                                                                          review, it appears that the three
                                                  below:                                                                                                        Nuclear Regulatory Commission,
                                                                                                          standards of 10 CFR 50.92(c) are
                                                    1. Does the proposed change involve a                 satisfied. Therefore, the NRC staff                   Washington, DC 20555–0001, Attention:
                                                  significant increase in the probability or                                                                    Rulemakings and Adjudications Staff,
                                                  consequences of an accident previously
                                                                                                          proposes to determine that the
                                                                                                          amendment request involves no                         and provide a copy to the Associate
                                                  evaluated?
                                                    Response: No.                                         significant hazards consideration.                    General Counsel for Hearings,
                                                    The proposed change revises the Cyber                                                                       Enforcement and Administration, Office
                                                                                                             Attorney for licensee: Kathryn M.                  of the General Counsel, Washington, DC
                                                  Security Plan Implementation Schedule. This
                                                  change does not alter accident analysis                 Sutton, Morgan, Lewis & Bockius LLP,                  20555–0001. The expedited delivery or
                                                  assumptions, add any initiators, or affect the          1111 Pennsylvania Avenue NW.,                         courier mail address for both offices is:
                                                  function of plant systems or the manner in              Washington, DC 20004.                                 U.S. Nuclear Regulatory Commission,
                                                  which systems are operated, maintained,                    NRC Branch Chief: Michael T.                       11555 Rockville Pike, Rockville,
                                                  modified, tested, or inspected. The proposed
                                                                                                          Markley.                                              Maryland 20852. The email address for
                                                  change is a change to the completion date of
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                                                  Implementation Milestone 8, that in itself                                                                    the Office of the Secretary and the
                                                  does not require any plant modifications                                                                      Office of the General Counsel are
                                                  which affect the performance capability of                                                                    Hearing.Docket@nrc.gov and
                                                  the structures, systems, and components                                                                       OGCmailcenter@nrc.gov, respectively.1
                                                  relied upon to mitigate the consequences of
                                                  postulated accidents and have no impact on                                                                       1 While a request for hearing or petition to

                                                  the probability or consequences of an                                                                         intervene in this proceeding must comply with the
                                                  accident previously evaluated.                                                                                filing requirements of the NRC’s ‘‘E-Filing Rule,’’



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                                                                                      Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices                                                   68473

                                                  The request must include the following                        disclosure of SUNSI by each individual                  challenge an NRC staff determination
                                                  information:                                                  who will be granted access to SUNSI.                    granting access to SUNSI whose release
                                                    (1) A description of the licensing                             F. Filing of Contentions. Any                        would harm that party’s interest
                                                  action with a citation to this Federal                        contentions in these proceedings that                   independent of the proceeding. Such a
                                                  Register notice;                                              are based upon the information received                 challenge must be filed with the Chief
                                                    (2) The name and address of the                             as a result of the request made for                     Administrative Judge within 5 days of
                                                  potential party and a description of the                      SUNSI must be filed by the requestor no                 the notification by the NRC staff of its
                                                  potential party’s particularized interest                     later than 25 days after the requestor is               grant of access.
                                                  that could be harmed by the action                            provided access to that information.                      If challenges to the NRC staff
                                                  identified in C.(1); and                                      However, if more than 25 days remain
                                                    (3) The identity of the individual or                                                                               determinations are filed, these
                                                                                                                between the date the petitioner is                      procedures give way to the normal
                                                  entity requesting access to SUNSI and                         provided access to the information and
                                                  the requester’s basis for the need for the                                                                            process for litigating disputes
                                                                                                                the deadline for filing all other                       concerning access to information. The
                                                  information in order to meaningfully                          contentions (as established in the notice
                                                  participate in this adjudicatory                                                                                      availability of interlocutory review by
                                                                                                                of hearing or opportunity for hearing),                 the Commission of orders ruling on
                                                  proceeding. In particular, the request                        the petitioner may file its SUNSI
                                                  must explain why publicly-available                                                                                   such NRC staff determinations (whether
                                                                                                                contentions by that later deadline. This                granting or denying access) is governed
                                                  versions of the information requested                         provision does not extend the time for
                                                  would not be sufficient to provide the                                                                                by 10 CFR 2.311.3
                                                                                                                filing a request for a hearing and
                                                  basis and specificity for a proffered                         petition to intervene, which must                         I. The Commission expects that the
                                                  contention.                                                   comply with the requirements of 10 CFR                  NRC staff and presiding officers (and
                                                    D. Based on an evaluation of the                                                                                    any other reviewing officers) will
                                                                                                                2.309.
                                                  information submitted under paragraph                                                                                 consider and resolve requests for access
                                                                                                                   G. Review of Denials of Access.
                                                  C.(3) the NRC staff will determine                                                                                    to SUNSI, and motions for protective
                                                  within 10 days of receipt of the request                         (1) If the request for access to SUNSI
                                                                                                                is denied by the NRC staff after a                      orders, in a timely fashion in order to
                                                  whether:                                                                                                              minimize any unnecessary delays in
                                                    (1) There is a reasonable basis to                          determination on standing and need for
                                                                                                                access, the NRC staff shall immediately                 identifying those petitioners who have
                                                  believe the petitioner is likely to                                                                                   standing and who have proposed
                                                  establish standing to participate in this                     notify the requestor in writing, briefly
                                                                                                                stating the reason or reasons for the                   contentions meeting the specificity and
                                                  NRC proceeding; and                                                                                                   basis requirements in 10 CFR part 2.
                                                    (2) The requestor has established a                         denial.
                                                                                                                   (2) The requester may challenge the                  Attachment 1 to this Order summarizes
                                                  legitimate need for access to SUNSI.                                                                                  the general target schedule for
                                                    E. If the NRC staff determines that the                     NRC staff’s adverse determination by
                                                                                                                filing a challenge within 5 days of                     processing and resolving requests under
                                                  requestor satisfies both D.(1) and D.(2)
                                                                                                                receipt of that determination with: (a)                 these procedures.
                                                  above, the NRC staff will notify the
                                                  requestor in writing that access to                           The presiding officer designated in this                  It is so ordered.
                                                  SUNSI has been granted. The written                           proceeding; (b) if no presiding officer                   Dated at Rockville, Maryland, this 19th day
                                                  notification will contain instructions on                     has been appointed, the Chief                           of September, 2016.
                                                  how the requestor may obtain copies of                        Administrative Judge, or if he or she is                  For the Nuclear Regulatory Commission.
                                                  the requested documents, and any other                        unavailable, another administrative                     Annette L. Vietti-Cook,
                                                  conditions that may apply to access to                        judge, or an administrative law judge
                                                                                                                                                                        Secretary of the Commission.
                                                  those documents. These conditions may                         with jurisdiction pursuant to 10 CFR
                                                  include, but are not limited to, the                          2.318(a); or (c) an officer if that officer             Attachment 1—General Target
                                                  signing of a Non-Disclosure Agreement                         has been designated to rule on                          Schedule for Processing and Resolving
                                                  or Affidavit, or Protective Order 2 setting                   information access issues.                              Requests for Access to Sensitive
                                                  forth terms and conditions to prevent                            H. Review of Grants of Access. A                     Unclassified Non-Safeguards
                                                  the unauthorized or inadvertent                               party other than the requester may                      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).
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                                                  the initial request to access SUNSI under these               Administrative Judge if the presiding officer has not   46562, August 3, 2012) apply to appeals of NRC
                                                  procedures should be submitted as described in this           yet been designated, within 30 days of the deadline     staff determinations (because they must be served
                                                  paragraph.                                                    for the receipt of the written access request.          on a presiding officer or the Commission, as
                                                    2 Any motion for Protective Order or draft Non-               3 Requesters should note that the filing
                                                                                                                                                                        applicable), but not to the initial SUNSI request
                                                  Disclosure Affidavit or Agreement for SUNSI must              requirements of the NRC’s E-Filing Rule (72 FR          submitted to the NRC staff under these procedures.
                                                  be filed with the presiding officer or the Chief              49139; August 28, 2007, as amended at 77 FR



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                                                  68474                              Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

                                                           Day                                                                                Event/activity

                                                  25 ......................   If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
                                                                                 to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
                                                                                 Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
                                                                                 party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
                                                                                 file a motion seeking a ruling to reverse the NRC staff’s grant of access.
                                                  30 ......................   Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
                                                  40 ......................   (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
                                                                                 file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
                                                                                 Agreement for SUNSI.
                                                  A .......................   If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
                                                                                 to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
                                                                                 final adverse determination by the NRC staff.
                                                  A + 3 .................     Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
                                                                                 tive order.
                                                  A + 28 ...............      Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
                                                                                 remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
                                                                                 established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
                                                                                 deadline.
                                                  A + 53 ...............      (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
                                                  A + 60 ...............      (Answer receipt +7) Petitioner/Intervenor reply to answers.
                                                  >A + 60 .............       Decision on contention admission.



                                                  [FR Doc. 2016–23210 Filed 10–3–16; 8:45 am]                  Thirty-five hard copies of each                         Dated: September 28, 2016.
                                                  BILLING CODE 7590–01–P                                       presentation or handout should be                     John Lai,
                                                                                                               provided to the DFO thirty minutes                    Acting Chief, Technical Support Branch,
                                                                                                               before the meeting. In addition, one                  Advisory Committee on Reactor Safeguards.
                                                  NUCLEAR REGULATORY                                           electronic copy of each presentation                  [FR Doc. 2016–23954 Filed 10–3–16; 8:45 am]
                                                  COMMISSION                                                   should be emailed to the DFO one day                  BILLING CODE 7590–01–P
                                                                                                               before the meeting. If an electronic copy
                                                  Advisory Committee on Reactor                                cannot be provided within this
                                                  Safeguards (ACRS); Meeting of the                            timeframe, presenters should provide
                                                  ACRS Subcommittee on Radiation                                                                                     POSTAL REGULATORY COMMISSION
                                                                                                               the DFO with a CD containing each
                                                  Protection and Nuclear Materials;                            presentation at least thirty minutes                  [Docket Nos. MC2016–207 and CP2016–296,
                                                  Notice of Meeting                                                                                                  MC2016–208 and CP2016–297, MC2016–209
                                                                                                               before the meeting. Electronic
                                                                                                                                                                     and CP2016–298, MC2016–210 and CP2016–
                                                     The ACRS Subcommittee on                                  recordings will be permitted only                     299]
                                                  Radiation Protection and Nuclear                             during those portions of the meeting
                                                  Materials will hold a meeting on                             that are open to the public. Detailed                 New Postal Products
                                                  October 18, 2016, Room T–2B3, 11545                          procedures for the conduct of and
                                                                                                               participation in ACRS meetings were                   AGENCY:   Postal Regulatory Commission.
                                                  Rockville Pike, Rockville, Maryland.                                                                               ACTION:   Notice.
                                                     The meeting will be open to public                        published in the Federal Register on
                                                  attendance.                                                  October 21, 2015 (80 FR 63846).                       SUMMARY:   The Commission is noticing
                                                     The agenda for the subject meeting                           Detailed meeting agendas and meeting               recent Postal Service filings for the
                                                  shall be as follows:                                         transcripts are available on the NRC                  Commission’s consideration concerning
                                                                                                               Web site at http://www.nrc.gov/reading-               negotiated service agreements. This
                                                  Tuesday, October 18, 2016—1:00 p.m.                          rm/doc-collections/acrs. Information
                                                  Until 5:00 p.m.                                                                                                    notice informs the public of the filing,
                                                                                                               regarding topics to be discussed,                     invites public comment, and takes other
                                                     The Subcommittee will discuss the                         changes to the agenda, whether the                    administrative steps.
                                                  proposed final rule 10 CFR part 61,                          meeting has been canceled or
                                                                                                                                                                     DATES: Comments are due: October 5,
                                                  ‘‘Low-Level Radioactive Waste                                rescheduled, and the time allotted to
                                                                                                               present oral statements can be obtained               2016 (Comment due date applies to all
                                                  Disposal’’ and associated guidance. The
                                                                                                               from the Web site cited above or by                   Docket Nos. listed above).
                                                  Subcommittee will hear presentations
                                                                                                               contacting the identified DFO.                        ADDRESSES: Submit comments
                                                  by and hold discussions with the NRC
                                                  staff and other interested persons                           Moreover, in view of the possibility that             electronically via the Commission’s
                                                  regarding this matter. The                                   the schedule for ACRS meetings may be                 Filing Online system at http://
                                                  Subcommittee will gather information,                        adjusted by the Chairman as necessary                 www.prc.gov. Those who cannot submit
                                                  analyze relevant issues and facts, and                       to facilitate the conduct of the meeting,             comments electronically should contact
                                                  formulate proposed positions and                             persons planning to attend should check               the person identified in the FOR FURTHER
                                                                                                               with these references if such                         INFORMATION CONTACT section by
                                                  actions, as appropriate, for deliberation
                                                  by the Full Committee.                                       rescheduling would result in a major                  telephone for advice on filing
                                                     Members of the public desiring to                         inconvenience.                                        alternatives.
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                                                  provide oral statements and/or written                          If attending this meeting, please enter            FOR FURTHER INFORMATION CONTACT:
                                                  comments should notify the Designated                        through the One White Flint North                     David A. Trissell, General Counsel, at
                                                  Federal Official (DFO), Derek Widmayer                       Building, 11555 Rockville Pike,                       202–789–6820.
                                                  (Telephone 301–415–5375 or Email:                            Rockville, MD. After registering with                 SUPPLEMENTARY INFORMATION:
                                                  Derek.Widmayer@nrc.gov) five days                            security, please contact Mr. Theron
                                                  prior to the meeting, if possible, so that                   Brown (Telephone 240–888–9835) to be                  Table of Contents
                                                  appropriate arrangements can be made.                        escorted to the meeting room.                         I. Introduction



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Document Created: 2016-10-04 03:03:46
Document Modified: 2016-10-04 03:03:46
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; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
DatesComments must be filed by November 3, 2016. A request for a hearing must be filed by December 5, 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 October 14, 2016.
ContactShirley J. Rohrer, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5411, email: [email protected]
FR Citation81 FR 68467 

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