81 FR 72838 - Exelon Generation Company, LLC; Braidwood Station, Unit 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 204 (October 21, 2016)

Page Range		72838-72841
FR Document		2016-25503
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Renewed Facility Operating License No. NPF- 77, issued to Exelon Generation Company, LLC, for operation of Braidwood Station, Unit 2, located in Will County, Illinois. The proposed amendment would allow a one-time extension from 72 hours to 200 hours of the technical specification (TS) completion time associated with the 2A service water (SX) pump in support of maintenance activities.
Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016)
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72838-72841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25503]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-457; NRC-2016-0215]


Exelon Generation Company, LLC; Braidwood Station, Unit 2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Renewed Facility Operating License No. NPF-
77, issued to Exelon Generation Company, LLC, for operation of 
Braidwood Station, Unit 2, located in Will County, Illinois. The 
proposed amendment would allow a one-time extension from 72 hours to 
200 hours of the technical specification (TS) completion time 
associated with the 2A service water (SX) pump in support of 
maintenance activities.

DATES: Submit comments by November 21, 2016. Requests for a hearing or 
petition for leave to intervene must be filed by December 20, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0215. 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: Joel S. Wiebe, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-6606, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0215 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-2016-0215.
     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 
application for license amendment dated September 30, 2016 is available 
in ADAMS under Accession No. ML16274A474.
     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-2016-0215 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Renewed Facility 
Operating License No. NPF-77, issued to Exelon Generation Company, LLC, 
for operation of Braidwood Station, Unit 2, located in Will County, 
Illinois.
    The proposed amendment would allow a one-time extension from 72 
hours to 200 hours of the TS completion time associated with the 2A SX 
pump in support of maintenance activities.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in section 50.92 of title 10 of the Code of 
Federal Regulations (10 CFR), this means that operation of the facility 
in accordance with the proposed amendment would not: (1) Involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes have been evaluated using the risk informed 
processes described in RG [Regulatory Guide] 1.174, ``An Approach 
for Using Probabilistic Risk Assessment in Risk-Informed Decisions 
on Plant-Specific Changes to the Licensing Basis,'' Revision 2 dated 
May 2011, RG 1. 177, ``An Approach for Plant-Specific, Risk-Informed 
Decisionmaking: Technical Specifications,'' Revision 1 dated May 
2011 and NRC Regulatory Guide 1.200, ``An Approach for Determining 
the Technical Adequacy of Probabilistic Risk Assessment Results for 
Risk-Informed Activities,'' Revision 2 dated March 2009. The risk 
associated with the proposed change was found to be acceptable.
    The previously analyzed accidents are initiated by the failure 
of plant structures, systems, or components. The SX System is not 
considered an initiator for any of these previously analyzed events. 
The proposed change does not have a detrimental impact on the 
integrity of any plant structure, system, or component that 
initiates an analyzed event. No active or passive failure mechanisms 
that could lead to an accident are affected. The proposed change 
will not

[[Page 72839]]

alter the operation of, or otherwise increase the failure 
probability of any plant equipment that initiates an analyzed 
accident.
    Therefore, the proposed change does not involve a significant 
increase in the probability of an accident previously evaluated.
    The proposed change does not alter or prevent the ability of 
structures, systems, and components (SSCs) from performing their 
intended function to mitigate the consequences of an initiating 
event within the assumed acceptance limits. The proposed change does 
not require any physical change to any plant SSCs nor does it 
require any change in systems or plant operations. The proposed one-
time increase in the CT [completion time] is consistent with the 
philosophy of the current TS LCO [limiting condition for operation] 
which allows one SX train to be inoperable for 72 hours. This change 
only extends the 72 hour CT to 200 hours which has been shown to be 
acceptable from a risk perspective. The minimum equipment required 
to mitigate the consequences of an accident and/or safely shut down 
the plant will be Operable or available during the extended CT. The 
proposed change is consistent with the safety analysis assumptions 
and resultant consequences. Based on the above, the proposed change 
does not involve a significant increase in the 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 changes do not involve the use or installation of 
new equipment and the currently installed equipment will not be 
operated in a new or different manner. No new or different system 
interactions are created and no new processes are introduced. The 
proposed changes will not introduce any new failure mechanisms, 
malfunctions, or accident initiators not already considered in the 
design and licensing bases. Based on this evaluation, the proposed 
change does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change does not alter any existing setpoints at 
which protective actions are initiated and no new setpoints or 
protective actions are introduced. The design and operation of the 
SX System remains unchanged. The risk associated with the proposed 
increase in the time the 2A SX pump is allowed to be inoperable was 
evaluated using the risk informed processes described in RG 1.174, 
``An Approach for Using Probabilistic Risk Assessment in Risk-
Informed Decisions on Plant-Specific Changes to the Licensing 
Basis,'' Revision 2 dated May 2011, RG 1.177, ``An Approach for 
Plant-Specific, Risk-Informed Decisionmaking: Technical 
Specifications,'' Revision 1 dated May 2011 and NRC Regulatory Guide 
1.200, ``An Approach for Determining the Technical Adequacy of 
Probabilistic Risk Assessment Results for Risk-Informed 
Activities,'' Revision 2 dated March 2009. The risk was shown to be 
acceptable. Based on this evaluation, the proposed change does not 
involve a significant reduction in a margin of safety.
    Based on the above, EGC [Exelon Generation Company, LLC] 
concludes that the proposed amendment does not involve a significant 
hazards consideration under the standards set forth in 10 CFR 
50.92(c), and, accordingly, a finding of no significant hazards 
consideration is justified.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves a No Significant Hazards 
Consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period if circumstances change during the 30-day comment period such 
that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. If the Commission takes action 
prior to the expiration of either the comment period or the notice 
period, it will publish in the Federal Register a notice of issuance. 
If the Commission makes a final No Significant Hazards Consideration 
Determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur 
infrequently.

II. 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 for leave to intervene 
(petition) with respect to the action. 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 Panel 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 proceeding. The contention must be one

[[Page 72840]]

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 consistent with the NRC's regulations, policies, and 
procedures.
    Petitions 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) 
through (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 20, 2016. The petition must be filed in accordance with the 
filing instructions in the ``Electronic Submissions (E-Filing)'' 
section of this document, and should meet the requirements for 
petitions 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 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.
III. 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-

[[Page 72841]]

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, 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.
    For further details with respect to this action, see the 
application for license amendment dated September 30, 2016 (ADAMS 
Accession No. ML16274A474).
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 
60555.
    NRC Branch Chief: G. Edward Miller

    Dated at Rockville, Maryland, this 12th day of October 2016.

    For the Nuclear Regulatory Commission.
Joel S. Wiebe,
Senior Project Manager, Plant Licensing Branch III-2, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-25503 Filed 10-20-16; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices 72839

alter the operation of, or otherwise increase Decisionmaking: Technical Specifications,’’ accordance with the Commission’s
the failure probability of any plant Revision 1 dated May 2011 and NRC ‘‘Agency Rules of Practice and
equipment that initiates an analyzed Regulatory Guide 1.200, ‘‘An Approach for Procedure’’ in 10 CFR part 2. Interested
accident. Determining the Technical Adequacy of
persons should consult a current copy
Therefore, the proposed change does not Probabilistic Risk Assessment Results for
involve a significant increase in the Risk-Informed Activities,’’ Revision 2 dated of 10 CFR 2.309, which is available at
probability of an accident previously March 2009. The risk was shown to be the NRC’s PDR, located at One White
evaluated. acceptable. Based on this evaluation, the Flint North, Room O1–F21, 11555
The proposed change does not alter or proposed change does not involve a Rockville Pike (first floor), Rockville,
prevent the ability of structures, systems, and significant reduction in a margin of safety. Maryland 20852. The NRC’s regulations
components (SSCs) from performing their Based on the above, EGC [Exelon are accessible electronically from the
intended function to mitigate the Generation Company, LLC] concludes that NRC Library on the NRC’s Web site at
consequences of an initiating event within the proposed amendment does not involve a http://www.nrc.gov/reading-rm/doc-
the assumed acceptance limits. The proposed significant hazards consideration under the collections/cfr/. If a petition is filed
change does not require any physical change standards set forth in 10 CFR 50.92(c), and,
to any plant SSCs nor does it require any accordingly, a finding of no significant
within 60 days, the Commission or a
change in systems or plant operations. The hazards consideration is justified. presiding officer designated by the
proposed one-time increase in the CT Commission or by the Chief
[completion time] is consistent with the The NRC staff has reviewed the Administrative Judge of the Atomic
philosophy of the current TS LCO [limiting licensee’s analysis and, based on this Safety and Licensing Board Panel, will
condition for operation] which allows one SX review, it appears that the three rule on the petition; and the Secretary
train to be inoperable for 72 hours. This standards of 10 CFR 50.92(c) are or the Chief Administrative Judge of the
change only extends the 72 hour CT to 200 satisfied. Therefore, the NRC staff Atomic Safety and Licensing Board
hours which has been shown to be acceptable proposes to determine that the license Panel will issue a notice of a hearing or
from a risk perspective. The minimum amendment request involves a No
equipment required to mitigate the
an appropriate order.
Significant Hazards Consideration. As required by 10 CFR 2.309, a
consequences of an accident and/or safely The NRC is seeking public comments
shut down the plant will be Operable or petition shall set forth with particularity
available during the extended CT. The
on this proposed determination that the the interest of the petitioner in the
proposed change is consistent with the safety license amendment request involves no proceeding, and how that interest may
analysis assumptions and resultant significant hazards consideration. Any be affected by the results of the
consequences. Based on the above, the comments received within 30 days after proceeding. The petition should
proposed change does not involve a the date of publication of this notice specifically explain the reasons why
significant increase in the consequences of an will be considered in making any final intervention should be permitted with
accident previously evaluated. determination. particular reference to the following
Therefore, the proposed change does not Normally, the Commission will not general requirements: (1) The name,
involve a significant increase in the issue the amendment until the
probability or consequences of an accident address, and telephone number of the
expiration of 60 days after the date of petitioner; (2) the nature of the
previously evaluated.
2. Does the proposed change create the
publication of this notice. The petitioner’s right under the Act to be
possibility of a new or different kind of Commission may issue the license made a party to the proceeding; (3) the
accident from any accident previously amendment before expiration of the 60- nature and extent of the petitioner’s
evaluated? day notice period if the Commission property, financial, or other interest in
Response: No. concludes the amendment involves no the proceeding; and (4) the possible
The proposed changes do not involve the significant hazards consideration. In effect of any decision or order which
use or installation of new equipment and the addition, the Commission may issue the may be entered in the proceeding on the
currently installed equipment will not be amendment prior to the expiration of petitioner’s interest. The petition must
operated in a new or different manner. No the 30-day comment period if
new or different system interactions are also set forth the specific contentions
created and no new processes are introduced.
circumstances change during the 30-day which the petitioner seeks to have
The proposed changes will not introduce any comment period such that failure to act litigated at the proceeding.
new failure mechanisms, malfunctions, or in a timely way would result, for Each contention must consist of a
accident initiators not already considered in example, in derating or shutdown of the specific statement of the issue of law or
the design and licensing bases. Based on this facility. If the Commission takes action fact to be raised or controverted. In
evaluation, the proposed change does not prior to the expiration of either the addition, the petitioner shall provide a
create the possibility of a new or different comment period or the notice period, it brief explanation of the bases for the
kind of accident from any accident will publish in the Federal Register a contention and a concise statement of
previously evaluated. notice of issuance. If the Commission the alleged facts or expert opinion
3. Does the proposed change involve a
makes a final No Significant Hazards which support the contention and on
significant reduction in a margin of safety?
Response: No. Consideration Determination, any which the petitioner intends to rely in
The proposed change does not alter any hearing will take place after issuance. proving the contention at the hearing.
existing setpoints at which protective actions The Commission expects that the need The petitioner must also provide
are initiated and no new setpoints or to take this action will occur references to those specific sources and
protective actions are introduced. The design infrequently. documents of which the petitioner is
and operation of the SX System remains aware and on which the petitioner
unchanged. The risk associated with the II. Opportunity To Request a Hearing intends to rely to establish those facts or
asabaliauskas on DSK3SPTVN1PROD with NOTICES

proposed increase in the time the 2A SX and Petition for Leave To Intervene expert opinion to support its position on
pump is allowed to be inoperable was Within 60 days after the date of the issue. The petition must include
evaluated using the risk informed processes
publication of this notice, any persons sufficient information to show that a
described in RG 1.174, ‘‘An Approach for
Using Probabilistic Risk Assessment in Risk- (petitioner) whose interest may be genuine dispute exists with the
Informed Decisions on Plant-Specific affected by this action may file a request applicant on a material issue of law or
Changes to the Licensing Basis,’’ Revision 2 for a hearing and a petition for leave to fact. Contentions shall be limited to
dated May 2011, RG 1.177, ‘‘An Approach for intervene (petition) with respect to the matters within the scope of the
Plant-Specific, Risk-Informed action. Petitions shall be filed in proceeding. The contention must be one

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72840 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices

which, if proven, would entitle the governmental body, or Federally- in which the participant, or its counsel
petitioner to relief. A petitioner who recognized Indian Tribe, or agency or representative, already holds an NRC-
fails to satisfy these requirements with thereof does not need to address the issued digital ID certificate). Based upon
respect to at least one contention will standing requirements in 10 CFR this information, the Secretary will
not be permitted to participate as a 2.309(d) if the facility is located within establish an electronic docket for the
party. its boundaries. A State, local hearing in this proceeding if the
Those permitted to intervene become governmental body, Federally- Secretary has not already established an
parties to the proceeding, subject to any recognized Indian Tribe, or agency electronic docket.
limitations in the order granting leave to thereof may also have the opportunity to Information about applying for a
intervene, and have the opportunity to participate under 10 CFR 2.315(c). digital ID certificate is available on the
participate fully in the conduct of the If a hearing is granted, any person NRC’s public Web site at http://
hearing with respect to resolution of who does not wish, or is not qualified, www.nrc.gov/site-help/e-submittals/
that person’s admitted contentions to become a party to the proceeding getting-started.html. System
consistent with the NRC’s regulations, may, in the discretion of the presiding requirements for accessing the E-
policies, and procedures. officer, be permitted to make a limited Submittal server are available on the
Petitions must be filed no later than appearance pursuant to the provisions NRC’s public Web site at http://
60 days from the date of publication of of 10 CFR 2.315(a). A person making a www.nrc.gov/site-help/e-submittals/
this notice. Requests for hearing, limited appearance may make an oral or adjudicatory-sub.html. Participants may
petitions for leave to intervene, and written statement of position on the attempt to use other software not listed
motions for leave to file new or issues, but may not otherwise on the Web site, but should note that the
amended contentions that are filed after participate in the proceeding. A limited NRC’s E-Filing system does not support
the 60-day deadline will not be appearance may be made at any session unlisted software, and the NRC
entertained absent a determination by of the hearing or at any prehearing Electronic Filing Help Desk will not be
the presiding officer that the filing conference, subject to the limits and able to offer assistance in using unlisted
demonstrates good cause by satisfying conditions as may be imposed by the software.
the three factors in 10 CFR 2.309(c)(1)(i) presiding officer. Details regarding the Once a participant has obtained a
through (iii). opportunity to make a limited digital ID certificate and a docket has
If a hearing is requested, and the appearance will be provided by the been created, the participant can then
Commission has not made a final presiding officer if such sessions are submit a petition. Submissions should
determination on the issue of no scheduled. be in Portable Document Format (PDF).
significant hazards consideration, the Additional guidance on PDF
Commission will make a final III. Electronic Submissions (E-Filing) submissions is available on the NRC’s
determination on the issue of no All documents filed in NRC public Web site at http://www.nrc.gov/
significant hazards consideration. The adjudicatory proceedings, including a site-help/electronic-sub-ref-mat.html. A
final determination will serve to decide request for hearing, a petition for leave filing is considered complete at the time
when the hearing is held. If the final to intervene, any motion or other the documents are submitted through
determination is that the amendment document filed in the proceeding prior the NRC’s E-Filing system. To be timely,
request involves no significant hazards to the submission of a request for an electronic filing must be submitted to
consideration, the Commission may hearing or petition to intervene the E-Filing system no later than 11:59
issue the amendment and make it (hereinafter ‘‘petition’’), and documents p.m. Eastern Time on the due date.
immediately effective, notwithstanding filed by interested governmental entities Upon receipt of a transmission, the E-
the request for a hearing. Any hearing participating under 10 CFR 2.315(c), Filing system time-stamps the document
held would take place after issuance of must be filed in accordance with the and sends the submitter an email notice
the amendment. If the final NRC’s E-Filing rule (72 FR 49139; confirming receipt of the document. The
determination is that the amendment August 28, 2007, as amended at 77 FR E-Filing system also distributes an email
request involves a significant hazards 46562, August 3, 2012). The E-Filing notice that provides access to the
consideration, then any hearing held process requires participants to submit document to the NRC’s Office of the
would take place before the issuance of and serve all adjudicatory documents General Counsel and any others who
any amendment unless the Commission over the internet, or in some cases to have advised the Office of the Secretary
finds an imminent danger to the health mail copies on electronic storage media. that they wish to participate in the
or safety of the public, in which case it Participants may not submit paper proceeding, so that the filer need not
will issue an appropriate order or rule copies of their filings unless they seek serve the documents on those
under 10 CFR part 2. an exemption in accordance with the participants separately. Therefore,
A State, local governmental body, procedures described below. applicants and other participants (or
Federally-recognized Indian Tribe, or To comply with the procedural their counsel or representative) must
agency thereof, may submit a petition to requirements of E-Filing, at least 10 apply for and receive a digital ID
the Commission to participate as a party days prior to the filing deadline, the certificate before a hearing petition to
under 10 CFR 2.309(h)(1). The petition participant should contact the Office of intervene is filed so that they can obtain
should state the nature and extent of the the Secretary by email at access to the document via the E-Filing
petitioner’s interest in the proceeding. hearing.docket@nrc.gov, or by telephone system.
The petition should be submitted to the at 301–415–1677, to request (1) a digital A person filing electronically using
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Commission by December 20, 2016. The identification (ID) certificate, which the NRC’s adjudicatory E-Filing system
petition must be filed in accordance allows the participant (or its counsel or may seek assistance by contacting the
with the filing instructions in the representative) to digitally sign NRC Electronic Filing Help Desk
‘‘Electronic Submissions (E-Filing)’’ documents and access the E-Submittal through the ‘‘Contact Us’’ link located
section of this document, and should server for any proceeding in which it is on the NRC’s public Web site at http://
meet the requirements for petitions set participating; and (2) advise the www.nrc.gov/site-help/e-
forth in this section, except that under Secretary that the participant will be submittals.html, by email to
10 CFR 2.309(h)(2) a State, local submitting a petition (even in instances MSHD.Resource@nrc.gov, or by a toll-

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Document Created: 2018-02-13 16:35:45
Document Modified: 2018-02-13 16:35:45
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene.
Dates		Submit comments by November 21, 2016. Requests for a hearing or petition for leave to intervene must be filed by December 20, 2016.
Contact		Joel S. Wiebe, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-6606, email: [email protected]
FR Citation		81 FR 72838