81_FR_88192 81 FR 87958 - 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 87958 - 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 234 (December 6, 2016)

Page Range87958-87964
FR Document2016-28521

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for Point Beach Nuclear Plant, Unit 1; and Virgil C. Summer Nuclear Station, Units 2 and 3. 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 234 (Tuesday, December 6, 2016)
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87958-87964]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28521]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0240]


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 two amendment requests. The amendment requests 
are for Point Beach Nuclear Plant, Unit 1; and Virgil C. Summer Nuclear 
Station, Units 2 and 3. 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 January 5, 2017. A request for a 
hearing must be filed by February 6, 2017. 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 December 16, 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-2016-0240. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Janet Burkhardt, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1384; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID 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-2016-0240.
     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-2016-0240, 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

[[Page 87959]]

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, (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated, or 
(3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period 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 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 
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 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) through (iii).
    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 February 6, 2017. The petition must be filed in 
accordance with the filing

[[Page 87960]]

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.

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, 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

[[Page 87961]]

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.
    For further details with respect to these license amendment 
applications, see the application for amendment which is available for 
public inspection in ADAMS and at the NRC's PDR. For additional 
direction on accessing information related to this document, see the 
``Obtaining Information and Submitting Comments'' section of this 
document.

NextEra Energy, Point Beach, LLC, Docket No. 50-266, Point Beach 
Nuclear Plant, Unit 1, Town of Two Creeks, Manitowoc County, Wisconsin

    Date of amendment request: July 29, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16237A066.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguard information (SUNSI). The amendment 
would revise technical specification (TS) 3.4.13, RCS [Reactor Coolant 
System] Operational Leakage; TS 5.5.8, Steam Generator (SG) Program; 
and TS 5.6.8, Steam Generator Tube Inspection Report, to exclude a 
portion of the tubes below the top of the SG tube sheet from periodic 
inspections and plugging.
    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. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed changes to TS 3.4.13, TS 5.5.8, and TS 5.6.8 have 
no effect on accident probabilities or consequences. The previously 
analyzed accidents are initiated by the failure of plant structures, 
systems, or components. The proposed change that alters the steam 
generator (SG) inspection and reporting criteria does not have a 
detrimental impact on the integrity of any plant structure, system, 
or component that initiates an analyzed event. The proposed change 
will not alter the operation of, or otherwise increase the failure 
probability of any plant equipment that initiates an analyzed 
accident.
    Of the applicable accidents previously evaluated, the limiting 
transients with consideration to the proposed change to the SG tube 
inspection and repair criteria are: The steam generator tube rupture 
(SGTR) event, the steam line break (SLB), locked rotor and control 
rod ejection postulated accidents. Loss of Coolant Accident 
conditions cause a compressive load to act on a tube. This accident 
attempts to displace the tube into the tubesheet rather than pull it 
out, and, therefore, is not a factor in this amendment request. 
Another faulted load consideration is a safe shutdown earthquake; 
however, seismic analysis has shown that axial loading of the tubes 
is negligible during this event (Section 5.0 of Reference 10).
    Addressing the SGTR event, the required structural integrity 
margins of the SG tubes and the tube-to-tubesheet joint over the H* 
distance will be maintained. Tube rupture in tubes with cracks 
within the tubesheet is precluded by the constraint provided by the 
presence of the tubesheet and the tube-to-tubesheet joint. Tube 
burst cannot occur within the thickness of the tubesheet. The tube-
to-tubesheet joint constraint results from the hydraulic expansion 
process, thermal expansion mismatch between the tube and tubesheet, 
from the differential pressure between the primary and secondary 
side, and tubesheet rotation. Based on this design, the structural 
margins against burst/tube pullout, as discussed in Regulatory Guide 
(RG) 1.121, ``Bases for Plugging Degraded PWR [pressurized-water 
reactor] Steam Generator Tubes,'' and TS 5.5.8 are maintained for 
both normal and postulated accident conditions. The final H* 
distance to preclude tube pullout from the tubesheet at 0.95 
probability at 95% confidence is 20.60 inches.
    The proposed change has no impact on the structural or leakage 
integrity of the portion of the tube outside of the tubesheet. The 
proposed change maintains structural and leakage integrity of the SG 
tubes consistent with the performance criteria in TS 5.5.8. 
Therefore, the proposed change results in no significant increase in 
the probability of the occurrence of a SGTR accident.
    At normal operating pressures, leakage from tube degradation 
below the proposed limited inspection depth is limited by the tube-
to-tubesheet crevice. Consequently, negligible normal operating 
leakage is expected from degradation below the inspected depth 
within the tubesheet region. The consequences of an SGTR event are 
not affected by the primary-to-secondary leakage flow during the 
event as primary-to-secondary leakage flow through a postulated tube 
that has been pulled out of the tubesheet is essentially equivalent 
to a severed tube. Therefore, the proposed change does not result in 
a significant increase in the consequences of a SGTR.
    Concerning a postulated SLB event, NextEra will apply a leakage 
factor of 5.22 to the normal operating leakage associated with the 
tubesheet expansion region in the condition monitoring (CM) and 
operational assessment (OA). The leakage factor of 5.22 is a 
bounding value for all SGs, both hot and cold legs. The accident-
induced leak rate limit for Point Beach Unit 1 is 500 gpd [gallons 
per day] at accident conditions. As a result, the TS operational 
leak rate limit is reduced from 150 gpd to 72 gpd through any one 
steam generator to help to ensure that accident induced leakage in 
excess of SLB accident analysis assumptions will not occur.
    For the CM assessment, the component of leakage from the prior 
cycle from below the H* distance will be multiplied by a factor of 
5.22 and added to the total leakage from any other source and 
compared to the allowable accident induced leakage limit. For the 
OA, the difference in the leakage between the allowable leakage and 
the accident induced leakage from sources other than the tubesheet 
expansion region will be divided by 5.22 and compared to the 
observed operational leakage.
    No leakage factor will be applied to the locked rotor or control 
rod ejection transients due to their short duration.
    Based on the above, the proposed changes do not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any previously evaluated.
    The proposed changes to TS 3.4.13, TS 5.5.8, and TS 5.6.8 that 
alter the SG inspection and reporting criteria do not introduce any 
new equipment, create new failure modes for existing equipment, or 
create any new limiting single failures. Plant operation will not be 
altered, and all safety functions will continue to perform as 
previously assumed in accident analyses. Tube bundle integrity is 
maintained for all plant conditions upon implementation of the 
permanent alternate repair criteria.
    Therefore, based on the above, the proposed change does not 
create the possibility of a new or different kind of accident from 
any previously evaluated.
    3. The proposed changes do not involve a significant reduction 
in the margin of safety.
    The proposed changes to TS 3.4.13, TS 5.5.8, and TS 5.6.8 define 
the safety significant portion of the tube that must be inspected 
and repaired. WCAP-18089-P identifies the specific inspection depth 
from the top of the tubesheet below which any type of tube 
degradation is shown to have no impact on the performance criteria 
in NEI 97-06 Rev. 3, ``Steam Generator Program Guidelines.''
    The proposed change that alters the SG inspection and reporting 
criteria maintains the required structural margins of the SG tubes 
for both normal and accident conditions. Nuclear Energy Institute 
97-06, ``Steam Generator Program Guidelines,'' and NRC Regulatory 
Guide (RG) 1.121, ``Bases for Plugging Degraded PWR Steam Generator 
Tubes'' are used as the bases in the development of the limited 
tubesheet inspection depth methodology for determining that SG tube 
integrity considerations are maintained within acceptable limits. RG 
1.121 describes a method acceptable to the NRC for meeting General 
Design Criteria (GDC) 14, ``Reactor Coolant Pressure Boundary,'' GDC 
15, ``Reactor Coolant System Design,'' GDC 31, ``Fracture Prevention 
of Reactor Coolant Pressure Boundary,'' and GDC 32, ``Inspection of 
Reactor Coolant Pressure Boundary,'' by reducing the probability and 
consequences of a SGTR. RG 1.121 concludes that by determining the 
limiting safe conditions for tube wall degradation, the probability 
and consequences of a SGTR are

[[Page 87962]]

reduced. This RG uses safety factors on loads for tube burst that 
are consistent with the requirements of Section III of the American 
Society of Mechanical Engineers (ASME) Code.
    For axially oriented cracking located within the tubesheet, tube 
burst is precluded due to the presence of the tubesheet. For 
circumferentially oriented cracking, Westinghouse WCAP-18089-P 
defines a length of degradation-free expanded tubing that provides 
the necessary resistance to tube pullout due to the pressure induced 
forces, with applicable safety factors applied. Application of the 
limited hot and cold leg tubesheet inspection criteria will preclude 
unacceptable primary-to-secondary leakage during all plant 
conditions. Using the methodology for determining leakage as 
described in WCAP-18089-P, it is shown that significant adequate 
margin exists between conservatively estimated accident induced 
leakage and the allowable accident leakage (500 gpd at operating 
conditions) if either SG is assumed to be leaking at the TS leakage 
limit of 72 gpd at the beginning of the design basis accident.
    Therefore, the proposed changes do not involve a significant 
reduction in any 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 Blair, Managing Attorney--Nuclear, 
Florida Power & Light Company, P. O. Box 14000, 700 Universe Boulevard, 
Juno Beach, Florida 33408-0420.
    NRC Branch Chief: David J. Wrona.

South Carolina Electric and Gas Company Docket Nos. 52-027 and 52-028, 
Virgil C. Summer Nuclear Station (VCSNS) Units 2 and 3, Fairfield 
County, South Carolina

    Date of amendment request: September 20, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16267A163.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment request proposes changes to the Updated Final Safety Analysis 
Report (UFSAR) in the form of departures from the incorporated plant-
specific Design Control Document Tier 2* information. Specifically, the 
proposed change clarifies in the UFSAR how the quality and strength of 
a specific set of couplers welded to stainless steel embedment plates 
already installed and embedded in concrete are demonstrated through 
visual examination and static tension testing, in lieu of the 
nondestructive examination requirements of American Institute of Steel 
Construction (AISC) N690, ``Specification for Safety-Related Steel 
Structures for Nuclear Facilities.''
    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 describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of partial joint penetration (PJP) welds 
joining weldable couplers to stainless steel embedment plates as 
being able to perform their design function in lieu of satisfying 
the AISC N690-1994, Section Q1.26.2.2, Section Q1.26.2.3, and 
Section Q1.26.3 requirements for non-destructive examination (NDE) 
on 10 percent weld populations, reexamination, and repair, 
respectively. The proposed change does not affect the operation of 
any systems or equipment that initiate an analyzed accident or alter 
any structures, systems, and components (SSCs) accident initiator or 
initiating sequence of events.
    The change has no adverse effect on the design function of the 
mechanical couplers or the SSCs to which the mechanical couplers are 
welded. The probabilities of the accidents evaluated in the Updated 
Final Safety Analysis Report (UFSAR) are not affected.
    The change does not impact the support, design, or operation of 
mechanical and fluid systems. The change does not impact the 
support, design, or operation of any safety-related structures. 
There is no change to plant systems or the response of systems to 
postulated accident conditions. There is no change to the predicted 
radioactive releases due to normal operation or postulated accident 
conditions. The plant response to previously evaluated accidents or 
external events is not adversely affected, nor does the proposed 
change create any new accident precursors.
    Therefore, the proposed amendment 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 describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of PJP welds joining weldable couplers to 
stainless steel embedment plates as being able to perform their 
design function in lieu of satisfying the AISC N690-1994, Section 
Q1.26.2.2, Section Q1.26.2.3, and Section Q1.26.3 requirements for 
non-destructive examination on 10 percent weld populations, 
reexamination, and repair, respectively.
    The proposed change does not affect the operation of any systems 
or equipment that may initiate a new or different kind of accident, 
or alter any SSC such that a new accident initiator or initiating 
sequence of events is created.
    The proposed change does not adversely affect the design 
function of the mechanical couplers, the structures in which the 
couplers are used, or any other SSC design functions or methods of 
operation in a manner that results in a new failure mode, 
malfunction, or sequence of events that affect safety-related or 
nonsafety-related equipment. This activity does not allow for a new 
fission product release path, result in a new fission product 
barrier failure mode, or create a new sequence of events that result 
in significant fuel cladding failures.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed change describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of the PJP welds joining weldable couplers 
to stainless steel embedment plates as being able to perform their 
design function in lieu of satisfying the AISC N690-1994, Section 
Q1.26.2.2, Section Q1.26.2.3, and Section Q1.26.3 requirements for 
non-destructive examination on 10 percent weld populations, 
reexamination, and repair, respectively. The proposed change 
satisfies the same design functions as stated in the UFSAR. This 
change does not adversely affect compliance with any design 
function, design analysis, safety analysis input or result, or 
design/safety margin. No safety analysis or design basis acceptance 
limit/criterion is challenged or exceeded by the proposed change.
    Because no safety analysis or design basis acceptance limit/
criterion is challenged or exceeded by this change, no significant 
margin of safety is reduced.
    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 
LLC, 1111 Pennsylvania Avenue NW, Washington, DC 20004-2514.
    NRC Branch Chief: Michael T. Markley.

[[Page 87963]]

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

NextEra Energy, Point Beach, LLC, Docket No. 50-266, Point Beach 
Nuclear Plant, Unit 1, Town of Two Creeks, Manitowoc County, Wisconsin

South Carolina Electric and Gas Company Docket Nos. 52-027 and 52-028, 
Virgil C. Summer Nuclear Station (VCSNS) Units 2 and 3, 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\ 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. 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.
    G. 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.
---------------------------------------------------------------------------

    H. 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 22nd day of November, 2016.

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

[[Page 87964]]



   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
         Day                            Event/Activity
------------------------------------------------------------------------
0...................  Publication of Federal Register notice of hearing
                       and opportunity to petition for leave to
                       intervene, including order with instructions for
                       access requests.
10..................  Deadline for submitting requests for access to
                       Sensitive Unclassified Non-Safeguards Information
                       (SUNSI) with information: supporting the standing
                       of a potential party identified by name and
                       address; describing the need for the information
                       in order for the potential party to participate
                       meaningfully in an adjudicatory proceeding.
60..................  Deadline for submitting petition for intervention
                       containing: (i) demonstration of standing; and
                       (ii) all contentions whose formulation does not
                       require access to SUNSI (+25 Answers to petition
                       for intervention; +7 petitioner/requestor reply).
20..................  U.S. Nuclear Regulatory Commission (NRC) staff
                       informs the requester of the staff's
                       determination whether the request for access
                       provides a reasonable basis to believe standing
                       can be established and shows need for SUNSI. (NRC
                       staff also informs any party to the proceeding
                       whose interest independent of the proceeding
                       would be harmed by the release of the
                       information.) If NRC staff makes the finding of
                       need for SUNSI and likelihood of standing, NRC
                       staff begins document processing (preparation of
                       redactions or review of redacted documents).
25..................  If NRC staff finds no ``need'' or no likelihood of
                       standing, the deadline for petitioner/requester
                       to file a motion seeking a ruling to reverse the
                       NRC staff's denial of access; NRC staff files
                       copy of access determination with the presiding
                       officer (or Chief Administrative Judge or other
                       designated officer, as appropriate). If NRC staff
                       finds ``need'' for SUNSI, the deadline for any
                       party to the proceeding whose interest
                       independent of the proceeding would be harmed by
                       the release of the information to file a motion
                       seeking a ruling to reverse the NRC staff's grant
                       of access.
30..................  Deadline for NRC staff reply to motions to reverse
                       NRC staff determination(s).
40..................  (Receipt +30) If NRC staff finds standing and need
                       for SUNSI, deadline for NRC staff to complete
                       information processing and file motion for
                       Protective Order and draft Non-Disclosure
                       Affidavit. Deadline for applicant/licensee to
                       file Non-Disclosure Agreement for SUNSI.
A...................  If access granted: issuance of presiding officer
                       or other designated officer decision on motion
                       for protective order for access to sensitive
                       information (including schedule for providing
                       access and submission of contentions) or decision
                       reversing a final adverse determination by the
                       NRC staff.
A + 3...............  Deadline for filing executed Non-Disclosure
                       Affidavits. Access provided to SUNSI consistent
                       with decision issuing the protective order.
A + 28..............  Deadline for submission of contentions whose
                       development depends upon access to SUNSI.
                       However, if more than 25 days remain between the
                       petitioner's receipt of (or access to) the
                       information and the deadline for filing all other
                       contentions (as established in the notice of
                       hearing or opportunity for hearing), the
                       petitioner may file its SUNSI contentions by that
                       later deadline.
A + 53..............  (Contention receipt +25) Answers to contentions
                       whose development depends upon access to SUNSI.
A + 60..............  (Answer receipt +7) Petitioner/Intervenor reply to
                       answers.
>A + 60.............  Decision on contention admission.
------------------------------------------------------------------------


[FR Doc. 2016-28521 Filed 12-5-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  87958                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  Bureau of Justice Statistics, in the Office             NUCLEAR REGULATORY                                    SUPPLEMENTARY INFORMATION     section of
                                                  of Justice Programs.                                    COMMISSION                                            this document.
                                                    (4) Affected public who will be asked                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                          [NRC–2016–0240]
                                                  or required to respond, as well as a brief                                                                    Janet Burkhardt, Office of Nuclear
                                                  abstract: Primary: State, Local, or Tribal              Applications and Amendments to                        Reactor Regulation, U.S. Nuclear
                                                  Government. Other: Federal                              Facility Operating Licenses and                       Regulatory Commission, Washington,
                                                  Government and business (privately                      Combined Licenses Involving                           DC 20555–0001; telephone: 301–415–
                                                  operated correctional institutions, both                Proposed No Significant Hazards                       1384; email: Janet.Burkhardt@nrc.gov.
                                                  for-profit and not-for-profit). The data                Considerations and Containing                         SUPPLEMENTARY INFORMATION:
                                                  will be used to develop estimates for the               Sensitive Unclassified Non-Safeguards                 I. Obtaining Information and
                                                  incidence and prevalence of sexual                      Information and Order Imposing                        Submitting Comments
                                                  assault within correctional facilities, as              Procedures for Access to Sensitive
                                                                                                          Unclassified Non-Safeguards                           A. Obtaining Information
                                                  well as characteristics of substantiated
                                                                                                          Information                                              Please refer to Docket ID facility
                                                  incidents, as required under the Prison
                                                  Rape Elimination Act of 2003 (Pub. L.                   AGENCY:  Nuclear Regulatory                           name, unit number(s), plant docket
                                                  108–79).                                                Commission.                                           number, application date, and subject
                                                                                                          ACTION: License amendment request;
                                                                                                                                                                when contacting the NRC about the
                                                    (5) An estimate of the total number of                                                                      availability of information for this
                                                  respondents and the amount of time                      notice of opportunity to comment,
                                                                                                          request a hearing, and petition for leave             action. You may obtain publicly-
                                                  estimated for an average respondent to                                                                        available information related to this
                                                  respond: An estimate of the total                       to intervene; order imposing
                                                                                                          procedures.                                           action by any of the following methods:
                                                  number of respondents is 1,538 adult                                                                             • Federal rulemaking Web site: Go to
                                                  and juvenile systems and facilities.                    SUMMARY:   The U.S. Nuclear Regulatory                http://www.regulations.gov and search
                                                  (This estimate assumes a response rate                  Commission (NRC) received and is                      for Docket ID NRC–2016–0240.
                                                  of 100%.) Federal and state systems for                 considering approval of two amendment                    • NRC’s Agencywide Documents
                                                  adults and juveniles (102 respondents)                  requests. The amendment requests are                  Access and Management System
                                                  will take an estimated 60 minutes to                    for Point Beach Nuclear Plant, Unit 1;                (ADAMS): You may obtain publicly-
                                                  complete the summary form; local and                    and Virgil C. Summer Nuclear Station,                 available documents online in the
                                                  privately operated facilities (1,426                    Units 2 and 3. For each amendment                     ADAMS Public Documents collection at
                                                  respondents) will take an estimated 30                  request, the NRC proposes to determine                http://www.nrc.gov/reading-rm/
                                                  minutes to complete the summary form;                   that they involve no significant hazards              adams.html. To begin the search, select
                                                  and each incident form (we estimate                     consideration. Because each amendment                 ‘‘ADAMS Public Documents’’ and then
                                                  about 2,000 incident forms will be                      request contains sensitive unclassified               select ‘‘Begin Web-based ADAMS
                                                  completed, one for each incident that                   non-safeguards information (SUNSI) an                 Search.’’ For problems with ADAMS,
                                                  was substantiated) will take about 30                   order imposes procedures to obtain                    please contact the NRC’s Public
                                                  minutes. The annual burden estimates                    access to SUNSI for contention                        Document Room (PDR) reference staff at
                                                                                                          preparation.                                          1–800–397–4209, 301–415–4737, or by
                                                  are based on data from the prior
                                                                                                                                                                email to pdr.resource@nrc.gov. The
                                                  administration of the SSV.                              DATES:  Comments must be filed by                     ADAMS accession number for each
                                                    (6) An estimate of the total public                   January 5, 2017. A request for a hearing              document referenced (if it is available in
                                                  burden (in hours) associated with the                   must be filed by February 6, 2017. Any                ADAMS) is provided the first time that
                                                  collection: The annual total burden                     potential party as defined in § 2.4 of title          it is mentioned in this document.
                                                  hours associated with this collection is                10 of the Code of Federal Regulations                    • NRC’s PDR: You may examine and
                                                  estimated to be 1,815.                                  (10 CFR), who believes access to SUNSI                purchase copies of public documents at
                                                                                                          is necessary to respond to this notice                the NRC’s PDR, Room O1–F21, One
                                                    If additional information is required                 must request document access by
                                                  contact: Jerri Murray, Department                                                                             White Flint North, 11555 Rockville
                                                                                                          December 16, 2016.                                    Pike, Rockville, Maryland 20852.
                                                  Clearance Officer, United States                        ADDRESSES: You may submit comments
                                                  Department of Justice, Justice                          by any of the following methods.                      B. Submitting Comments
                                                  Management Division, Policy and                            • Federal Rulemaking Web site: Go to                 Please include Docket ID NRC–2016–
                                                  Planning Staff, Two Constitution                        http://www.regulations.gov and search                 0240, facility name, unit number(s),
                                                  Square, 145 N Street NE., 3E.405B,                      for Docket ID NRC–2016–0240. Address                  plant docket number, application date,
                                                  Washington, DC 20530.                                   questions about NRC dockets to Carol                  and subject in your comment
                                                    Dated: December 1, 2016.                              Gallagher; telephone: 301–415–3463;                   submission.
                                                  Jerri Murray,                                           email: Carol.Gallagher@nrc.gov. For                     The NRC cautions you not to include
                                                                                                          technical questions, contact the                      identifying or contact information that
                                                  Department Clearance Officer for PRA, U.S.
                                                                                                          individual listed in the FOR FURTHER                  you do not want to be publicly
                                                  Department of Justice.
                                                                                                          INFORMATION CONTACT section of this                   disclosed in your comment submission.
                                                  [FR Doc. 2016–29166 Filed 12–5–16; 8:45 am]
                                                                                                          document.                                             The NRC will post all comment
                                                  BILLING CODE 4410–18–P                                     • Mail comments to: Cindy Bladey,                  submissions at http://
                                                                                                          Office of Administration, Mail Stop:                  www.regulations.gov as well as enter the
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                                                                                                          OWFN–12–H08, U.S. Nuclear                             comment submissions into ADAMS.
                                                                                                          Regulatory Commission, Washington,                    The NRC does not routinely edit
                                                                                                          DC 20555–0001.                                        comment submissions to remove
                                                                                                             For additional direction on obtaining              identifying or contact information.
                                                                                                          information and submitting comments,                    If you are requesting or aggregating
                                                                                                          see ‘‘Obtaining Information and                       comments from other persons for
                                                                                                          Submitting Comments’’ in the                          submission to the NRC, then you should


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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                            87959

                                                  inform those persons not to include                     determination is that the amendment                   property, financial, or other interest in
                                                  identifying or contact information that                 involves no significant hazards                       the proceeding; and (4) the possible
                                                  they do not want to be publicly                         consideration. In addition, the                       effect of any decision or order which
                                                  disclosed in their comment submission.                  Commission may issue the amendment                    may be entered in the proceeding on the
                                                  Your request should state that the NRC                  prior to the expiration of the 30-day                 petitioner’s interest. The petition must
                                                  does not routinely edit comment                         comment period if circumstances                       also set forth the specific contentions
                                                  submissions to remove such information                  change during the 30-day comment                      which the petitioner seeks to have
                                                  before making the comment                               period such that failure to act in a                  litigated at the proceeding.
                                                  submissions available to the public or                  timely way would result, for example,                    Each contention must consist of a
                                                  entering the comment into ADAMS.                        in derating or shutdown of the facility.              specific statement of the issue of law or
                                                                                                          If the Commission takes action prior to               fact to be raised or controverted. In
                                                  II. Background                                                                                                addition, the petitioner shall provide a
                                                                                                          the expiration of either the comment
                                                     Pursuant to Section 189a.(2) of the                  period or the notice period, it will                  brief explanation of the bases for the
                                                  Atomic Energy Act of 1954, as amended                   publish a notice of issuance in the                   contention and a concise statement of
                                                  (the Act), the NRC is publishing this                   Federal Register. If the Commission                   the alleged facts or expert opinion
                                                  notice. The Act requires the                            makes a final no significant hazards                  which support the contention and on
                                                  Commission to publish notice of any                     consideration determination, any                      which the petitioner intends to rely in
                                                  amendments issued, or proposed to be                    hearing will take place after issuance.               proving the contention at the hearing.
                                                  issued and grants the Commission the                    The Commission expects that the need                  The petitioner must also provide
                                                  authority to issue and make                             to take this action will occur very                   references to those specific sources and
                                                  immediately effective any amendment                     infrequently.                                         documents of which the petitioner is
                                                  to an operating license or combined                                                                           aware and on which the petitioner
                                                  license, as applicable, upon a                          A. Opportunity To Request a Hearing                   intends to rely to establish those facts or
                                                  determination by the Commission that                    and Petition for Leave To Intervene                   expert opinion to support its position on
                                                  such amendment involves no significant                     Within 60 days after the date of                   the issue. The petition must include
                                                  hazards consideration, notwithstanding                  publication of this notice, any persons               sufficient information to show that a
                                                  the pendency before the Commission of                   (petitioner) whose interest may be                    genuine dispute exists with the
                                                  a request for a hearing from any person.                affected by this action may file a request            applicant on a material issue of law or
                                                     This notice includes notices of                      for a hearing and a petition to intervene             fact. Contentions shall be limited to
                                                  amendments containing SUNSI.                            (petition) with respect to the action.                matters within the scope of the
                                                                                                          Petitions shall be filed in accordance                proceeding. The contention must be one
                                                  III. Notice of Consideration of Issuance
                                                                                                          with the Commission’s ‘‘Agency Rules                  which, if proven, would entitle the
                                                  of Amendments to Facility Operating
                                                                                                          of Practice and Procedure’’ in 10 CFR                 petitioner to relief. A petitioner who
                                                  Licenses and Combined Licenses,
                                                                                                          part 2. Interested persons should                     fails to satisfy these requirements with
                                                  Proposed No Significant Hazards                         consult a current copy of 10 CFR 2.309,               respect to at least one contention will
                                                  Consideration Determination, and                        which is available at the NRC’s PDR,                  not be permitted to participate as a
                                                  Opportunity for a Hearing                               located at One White Flint North, Room                party.
                                                     The Commission has made a                            O1–F21, 11555 Rockville Pike (first                      Those permitted to intervene become
                                                  proposed determination that the                         floor), Rockville, Maryland 20852. The                parties to the proceeding, subject to any
                                                  following amendment requests involve                    NRC’s regulations are accessible                      limitations in the order granting leave to
                                                  no significant hazards consideration.                   electronically from the NRC Library on                intervene, and have the opportunity to
                                                  Under the Commission’s regulations in                   the NRC’s Web site at http://                         participate fully in the conduct of the
                                                  10 CFR 50.92, this means that operation                 www.nrc.gov/reading-rm/doc-                           hearing with respect to resolution of
                                                  of the facility in accordance with the                  collections/cfr/. If a petition is filed              that person’s admitted contentions
                                                  proposed amendment would not (1)                        within 60 days, the Commission or a                   consistent with the NRC’s regulations,
                                                  involve a significant increase in the                   presiding officer designated by the                   policies, and procedures.
                                                  probability or consequences of an                       Commission or by the Chief                               Petitions for leave to intervene must
                                                  accident previously evaluated, (2) create               Administrative Judge of the Atomic                    be filed no later than 60 days from the
                                                  the possibility of a new or different kind              Safety and Licensing Board Panel, will                date of publication of this notice.
                                                  of accident from any accident                           rule on the petition; and the Secretary               Requests for hearing, petitions for leave
                                                  previously evaluated, or (3) involve a                  or the Chief Administrative Judge of the              to intervene, and motions for leave to
                                                  significant reduction in a margin of                    Atomic Safety and Licensing Board                     file new or amended contentions that
                                                  safety. The basis for this proposed                     Panel will issue a notice of a hearing or             are filed after the 60-day deadline will
                                                  determination for each amendment                        an appropriate order.                                 not be entertained absent a
                                                  request is shown below.                                    As required by 10 CFR 2.309, a                     determination by the presiding officer
                                                     The Commission is seeking public                     petition shall set forth with particularity           that the filing demonstrates good cause
                                                  comments on this proposed                               the interest of the petitioner in the                 by satisfying the three factors in 10 CFR
                                                  determination. Any comments received                    proceeding, and how that interest may                 2.309(c)(1)(i) through (iii).
                                                  within 30 days after the date of                        be affected by the results of the                        A State, local governmental body,
                                                  publication of this notice will be                      proceeding. The petition should                       Federally-recognized Indian Tribe, or
                                                  considered in making any final                          specifically explain the reasons why                  agency thereof, may submit a petition to
                                                  determination.                                          intervention should be permitted with                 the Commission to participate as a party
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                                                     Normally, the Commission will not                    particular reference to the following                 under 10 CFR 2.309(h)(1).
                                                  issue the amendment until the                           general requirements: (1) The name,                      The petition should state the nature
                                                  expiration of 60 days after the date of                 address, and telephone number of the                  and extent of the petitioner’s interest in
                                                  publication of this notice. The                         petitioner; (2) the nature of the                     the proceeding. The petition should be
                                                  Commission may issue the license                        petitioner’s right under the Act to be                submitted to the Commission by
                                                  amendment before expiration of the 60-                  made a party to the proceeding; (3) the               February 6, 2017. The petition must be
                                                  day period provided that its final                      nature and extent of the petitioner’s                 filed in accordance with the filing


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                                                  87960                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  instructions in the ‘‘Electronic                        documents and access the E-Submittal                  through the ‘‘Contact Us’’ link located
                                                  Submissions (E-Filing)’’ section of this                server for any proceeding in which it is              on the NRC’s public Web site at http://
                                                  document, and should meet the                           participating; and (2) advise the                     www.nrc.gov/site-help/e-
                                                  requirements for petitions set forth in                 Secretary that the participant will be                submittals.html, by email to
                                                  this section, except that under 10 CFR                  submitting a petition (even in instances              MSHD.Resource@nrc.gov, or by a toll-
                                                  2.309(h)(2) a State, local governmental                 in which the participant, or its counsel              free call at 1–866–672–7640. The NRC
                                                  body, or Federally-recognized Indian                    or representative, already holds an NRC-              Electronic Filing Help Desk is available
                                                  Tribe, or agency thereof does not need                  issued digital ID certificate). Based upon            between 9 a.m. and 7 p.m., Eastern
                                                  to address the standing requirements in                 this information, the Secretary will                  Time, Monday through Friday,
                                                  10 CFR 2.309(d) if the facility is located              establish an electronic docket for the                excluding government holidays.
                                                  within its boundaries. A State, local                   hearing in this proceeding if the                        Participants who believe that they
                                                  governmental body, Federally-                           Secretary has not already established an              have a good cause for not submitting
                                                  recognized Indian Tribe, or agency                      electronic docket.                                    documents electronically must file an
                                                  thereof may also have the opportunity to                   Information about applying for a                   exemption request, in accordance with
                                                  participate under 10 CFR 2.315(c).                      digital ID certificate is available on the            10 CFR 2.302(g), with their initial paper
                                                     If a hearing is granted, any person                  NRC’s public Web site at http://                      filing stating why there is good cause for
                                                  who does not wish, or is not qualified,                 www.nrc.gov/site-help/e-submittals/                   not filing electronically and requesting
                                                  to become a party to the proceeding                     getting-started.html. System                          authorization to continue to submit
                                                  may, in the discretion of the presiding                 requirements for accessing the E-                     documents in paper format. Such filings
                                                  officer, be permitted to make a limited                 Submittal server are available on the                 must be submitted by: (1) First class
                                                  appearance pursuant to the provisions                   NRC’s public Web site at http://                      mail addressed to the Office of the
                                                  of 10 CFR 2.315(a). A person making a                   www.nrc.gov/site-help/e-submittals/                   Secretary of the Commission, U.S.
                                                  limited appearance may make an oral or                  adjudicatory-sub.html. Participants may               Nuclear Regulatory Commission,
                                                  written statement of position on the                    attempt to use other software not listed              Washington, DC 20555–0001, Attention:
                                                  issues, but may not otherwise                           on the Web site, but should note that the             Rulemaking and Adjudications Staff; or
                                                  participate in the proceeding. A limited                NRC’s E-Filing system does not support                (2) courier, express mail, or expedited
                                                  appearance may be made at any session                   unlisted software, and the NRC                        delivery service to the Office of the
                                                  of the hearing or at any prehearing                     Electronic Filing Help Desk will not be               Secretary, 11555 Rockville Pike,
                                                  conference, subject to the limits and                   able to offer assistance in using unlisted            Rockville, Maryland, 20852, Attention:
                                                  conditions as may be imposed by the                     software.                                             Rulemaking and Adjudications Staff.
                                                  presiding officer. Details regarding the                   Once a participant has obtained a                  Participants filing a document in this
                                                  opportunity to make a limited                           digital ID certificate and a docket has               manner are responsible for serving the
                                                  appearance will be provided by the                      been created, the participant can then                document on all other participants.
                                                  presiding officer if such sessions are                  submit a petition. Submissions should                 Filing is considered complete by first-
                                                  scheduled.                                              be in Portable Document Format (PDF).                 class mail as of the time of deposit in
                                                                                                          Additional guidance on PDF                            the mail, or by courier, express mail, or
                                                  B. Electronic Submissions (E-Filing)                    submissions is available on the NRC’s                 expedited delivery service upon
                                                     All documents filed in NRC                           public Web site at http://www.nrc.gov/                depositing the document with the
                                                  adjudicatory proceedings, including a                   site-help/electronic-sub-ref-mat.html. A              provider of the service. A presiding
                                                  request for hearing, a petition for leave               filing is considered complete at the time             officer, having granted an exemption
                                                  to intervene, any motion or other                       the documents are submitted through                   request from using E-Filing, may require
                                                  document filed in the proceeding prior                  the NRC’s E-Filing system. To be timely,              a participant or party to use E-Filing if
                                                  to the submission of a request for                      an electronic filing must be submitted to             the presiding officer subsequently
                                                  hearing or petition to intervene                        the E-Filing system no later than 11:59               determines that the reason for granting
                                                  (hereinafter ‘‘petition’’), and documents               p.m. Eastern Time on the due date.                    the exemption from use of E-Filing no
                                                  filed by interested governmental entities               Upon receipt of a transmission, the E-                longer exists.
                                                  participating under 10 CFR 2.315(c),                    Filing system time-stamps the document                   Documents submitted in adjudicatory
                                                  must be filed in accordance with the                    and sends the submitter an email notice               proceedings will appear in the NRC’s
                                                  NRC’s E-Filing rule (72 FR 49139;                       confirming receipt of the document. The               electronic hearing docket which is
                                                  August 28, 2007, as amended at 77 FR                    E-Filing system also distributes an email             available to the public at http://
                                                  46562; August 3, 2012). The E-Filing                    notice that provides access to the                    ehd1.nrc.gov/ehd/, unless excluded
                                                  process requires participants to submit                 document to the NRC’s Office of the                   pursuant to an order of the Commission,
                                                  and serve all adjudicatory documents                    General Counsel and any others who                    or the presiding officer. Participants are
                                                  over the internet, or in some cases to                  have advised the Office of the Secretary              requested not to include personal
                                                  mail copies on electronic storage media.                that they wish to participate in the                  privacy information, such as social
                                                  Participants may not submit paper                       proceeding, so that the filer need not                security numbers, home addresses, or
                                                  copies of their filings unless they seek                serve the documents on those                          home phone numbers in their filings,
                                                  an exemption in accordance with the                     participants separately. Therefore,                   unless an NRC regulation or other law
                                                  procedures described below.                             applicants and other participants (or                 requires submission of such
                                                     To comply with the procedural                        their counsel or representative) must                 information. However, in some
                                                  requirements of E-Filing, at least 10                   apply for and receive a digital ID                    instances, a petition will require
                                                  days prior to the filing deadline, the                  certificate before a hearing petition to              including information on local
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                                                  participant should contact the Office of                intervene is filed so that they can obtain            residence in order to demonstrate a
                                                  the Secretary by email at                               access to the document via the E-Filing               proximity assertion of interest in the
                                                  hearing.docket@nrc.gov, or by telephone                 system.                                               proceeding. With respect to copyrighted
                                                  at 301–415–1677, to request (1) a digital                  A person filing electronically using               works, except for limited excerpts that
                                                  identification (ID) certificate, which                  the NRC’s adjudicatory E-Filing system                serve the purpose of the adjudicatory
                                                  allows the participant (or its counsel or               may seek assistance by contacting the                 filings and would constitute a Fair Use
                                                  representative) to digitally sign                       NRC Electronic Filing Help Desk                       application, participants are requested


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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                               87961

                                                  not to include copyrighted materials in                 The steam generator tube rupture (SGTR)                  For the CM assessment, the component of
                                                  their submission.                                       event, the steam line break (SLB), locked             leakage from the prior cycle from below the
                                                    The Commission will issue a notice or                 rotor and control rod ejection postulated             H* distance will be multiplied by a factor of
                                                  order granting or denying a hearing                     accidents. Loss of Coolant Accident                   5.22 and added to the total leakage from any
                                                                                                          conditions cause a compressive load to act on         other source and compared to the allowable
                                                  request or intervention petition,                       a tube. This accident attempts to displace the        accident induced leakage limit. For the OA,
                                                  designating the issues for any hearing                  tube into the tubesheet rather than pull it out,      the difference in the leakage between the
                                                  that will be held and designating the                   and, therefore, is not a factor in this               allowable leakage and the accident induced
                                                  Presiding Officer. A notice granting a                  amendment request. Another faulted load               leakage from sources other than the tubesheet
                                                  hearing will be published in the Federal                consideration is a safe shutdown earthquake;          expansion region will be divided by 5.22 and
                                                  Register and served on the parties to the               however, seismic analysis has shown that              compared to the observed operational
                                                  hearing.                                                axial loading of the tubes is negligible during       leakage.
                                                    For further details with respect to                   this event (Section 5.0 of Reference 10).                No leakage factor will be applied to the
                                                                                                             Addressing the SGTR event, the required            locked rotor or control rod ejection transients
                                                  these license amendment applications,                   structural integrity margins of the SG tubes          due to their short duration.
                                                  see the application for amendment                       and the tube-to-tubesheet joint over the H*              Based on the above, the proposed changes
                                                  which is available for public inspection                distance will be maintained. Tube rupture in          do not involve a significant increase in the
                                                  in ADAMS and at the NRC’s PDR. For                      tubes with cracks within the tubesheet is             probability or consequences of an accident
                                                  additional direction on accessing                       precluded by the constraint provided by the           previously evaluated.
                                                  information related to this document,                   presence of the tubesheet and the tube-to-               2. The proposed changes do not create the
                                                  see the ‘‘Obtaining Information and                     tubesheet joint. Tube burst cannot occur              possibility of a new or different kind of
                                                                                                          within the thickness of the tubesheet. The            accident from any previously evaluated.
                                                  Submitting Comments’’ section of this                   tube-to-tubesheet joint constraint results from
                                                  document.                                                                                                        The proposed changes to TS 3.4.13, TS
                                                                                                          the hydraulic expansion process, thermal              5.5.8, and TS 5.6.8 that alter the SG
                                                  NextEra Energy, Point Beach, LLC,                       expansion mismatch between the tube and               inspection and reporting criteria do not
                                                                                                          tubesheet, from the differential pressure             introduce any new equipment, create new
                                                  Docket No. 50–266, Point Beach Nuclear
                                                                                                          between the primary and secondary side, and           failure modes for existing equipment, or
                                                  Plant, Unit 1, Town of Two Creeks,                      tubesheet rotation. Based on this design, the
                                                  Manitowoc County, Wisconsin                                                                                   create any new limiting single failures. Plant
                                                                                                          structural margins against burst/tube pullout,        operation will not be altered, and all safety
                                                     Date of amendment request: July 29,                  as discussed in Regulatory Guide (RG) 1.121,          functions will continue to perform as
                                                  2016. A publicly-available version is in                ‘‘Bases for Plugging Degraded PWR                     previously assumed in accident analyses.
                                                                                                          [pressurized-water reactor] Steam Generator
                                                  ADAMS under Accession No.                               Tubes,’’ and TS 5.5.8 are maintained for both
                                                                                                                                                                Tube bundle integrity is maintained for all
                                                  ML16237A066.                                                                                                  plant conditions upon implementation of the
                                                                                                          normal and postulated accident conditions.
                                                     Description of amendment request:                                                                          permanent alternate repair criteria.
                                                                                                          The final H* distance to preclude tube
                                                  This amendment request contains                                                                                  Therefore, based on the above, the
                                                                                                          pullout from the tubesheet at 0.95 probability
                                                  sensitive unclassified non-safeguard                                                                          proposed change does not create the
                                                                                                          at 95% confidence is 20.60 inches.
                                                                                                                                                                possibility of a new or different kind of
                                                  information (SUNSI). The amendment                         The proposed change has no impact on the
                                                                                                                                                                accident from any previously evaluated.
                                                  would revise technical specification                    structural or leakage integrity of the portion
                                                                                                          of the tube outside of the tubesheet. The                3. The proposed changes do not involve a
                                                  (TS) 3.4.13, RCS [Reactor Coolant                                                                             significant reduction in the margin of safety.
                                                                                                          proposed change maintains structural and
                                                  System] Operational Leakage; TS 5.5.8,                                                                           The proposed changes to TS 3.4.13, TS
                                                                                                          leakage integrity of the SG tubes consistent
                                                  Steam Generator (SG) Program; and TS                    with the performance criteria in TS 5.5.8.            5.5.8, and TS 5.6.8 define the safety
                                                  5.6.8, Steam Generator Tube Inspection                  Therefore, the proposed change results in no          significant portion of the tube that must be
                                                  Report, to exclude a portion of the tubes               significant increase in the probability of the        inspected and repaired. WCAP–18089–P
                                                  below the top of the SG tube sheet from                 occurrence of a SGTR accident.                        identifies the specific inspection depth from
                                                  periodic inspections and plugging.                         At normal operating pressures, leakage             the top of the tubesheet below which any
                                                                                                          from tube degradation below the proposed              type of tube degradation is shown to have no
                                                     Basis for proposed no significant
                                                                                                          limited inspection depth is limited by the            impact on the performance criteria in NEI
                                                  hazards consideration determination:                                                                          97–06 Rev. 3, ‘‘Steam Generator Program
                                                  As required by 10 CFR 50.91(a), the                     tube-to-tubesheet crevice. Consequently,
                                                                                                          negligible normal operating leakage is                Guidelines.’’
                                                  licensee has provided its analysis of the                                                                        The proposed change that alters the SG
                                                                                                          expected from degradation below the
                                                  issue of no significant hazards                         inspected depth within the tubesheet region.          inspection and reporting criteria maintains
                                                  consideration which is presented below:                 The consequences of an SGTR event are not             the required structural margins of the SG
                                                    1. The proposed changes do not involve a              affected by the primary-to-secondary leakage          tubes for both normal and accident
                                                  significant increase in the probability or              flow during the event as primary-to-                  conditions. Nuclear Energy Institute 97–06,
                                                  consequences of an accident previously                  secondary leakage flow through a postulated           ‘‘Steam Generator Program Guidelines,’’ and
                                                  evaluated.                                              tube that has been pulled out of the tubesheet        NRC Regulatory Guide (RG) 1.121, ‘‘Bases for
                                                    The proposed changes to TS 3.4.13, TS                 is essentially equivalent to a severed tube.          Plugging Degraded PWR Steam Generator
                                                  5.5.8, and TS 5.6.8 have no effect on accident          Therefore, the proposed change does not               Tubes’’ are used as the bases in the
                                                  probabilities or consequences. The                      result in a significant increase in the               development of the limited tubesheet
                                                  previously analyzed accidents are initiated             consequences of a SGTR.                               inspection depth methodology for
                                                  by the failure of plant structures, systems, or            Concerning a postulated SLB event,                 determining that SG tube integrity
                                                  components. The proposed change that alters             NextEra will apply a leakage factor of 5.22 to        considerations are maintained within
                                                  the steam generator (SG) inspection and                 the normal operating leakage associated with          acceptable limits. RG 1.121 describes a
                                                  reporting criteria does not have a detrimental          the tubesheet expansion region in the                 method acceptable to the NRC for meeting
                                                  impact on the integrity of any plant structure,         condition monitoring (CM) and operational             General Design Criteria (GDC) 14, ‘‘Reactor
                                                  system, or component that initiates an                  assessment (OA). The leakage factor of 5.22           Coolant Pressure Boundary,’’ GDC 15,
                                                  analyzed event. The proposed change will                is a bounding value for all SGs, both hot and         ‘‘Reactor Coolant System Design,’’ GDC 31,
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                                                  not alter the operation of, or otherwise                cold legs. The accident-induced leak rate             ‘‘Fracture Prevention of Reactor Coolant
                                                  increase the failure probability of any plant           limit for Point Beach Unit 1 is 500 gpd               Pressure Boundary,’’ and GDC 32,
                                                  equipment that initiates an analyzed                    [gallons per day] at accident conditions. As          ‘‘Inspection of Reactor Coolant Pressure
                                                  accident.                                               a result, the TS operational leak rate limit is       Boundary,’’ by reducing the probability and
                                                    Of the applicable accidents previously                reduced from 150 gpd to 72 gpd through any            consequences of a SGTR. RG 1.121 concludes
                                                  evaluated, the limiting transients with                 one steam generator to help to ensure that            that by determining the limiting safe
                                                  consideration to the proposed change to the             accident induced leakage in excess of SLB             conditions for tube wall degradation, the
                                                  SG tube inspection and repair criteria are:             accident analysis assumptions will not occur.         probability and consequences of a SGTR are



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                                                  87962                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  reduced. This RG uses safety factors on loads           examination requirements of American                  percent weld populations, reexamination,
                                                  for tube burst that are consistent with the             Institute of Steel Construction (AISC)                and repair, respectively.
                                                  requirements of Section III of the American             N690, ‘‘Specification for Safety-Related                 The proposed change does not affect the
                                                  Society of Mechanical Engineers (ASME)                  Steel Structures for Nuclear Facilities.’’            operation of any systems or equipment that
                                                  Code.                                                                                                         may initiate a new or different kind of
                                                     For axially oriented cracking located                   Basis for proposed no significant
                                                                                                          hazards consideration determination:                  accident, or alter any SSC such that a new
                                                  within the tubesheet, tube burst is precluded
                                                                                                          As required by 10 CFR 50.91(a), the                   accident initiator or initiating sequence of
                                                  due to the presence of the tubesheet. For
                                                                                                                                                                events is created.
                                                  circumferentially oriented cracking,                    licensee has provided its analysis of the
                                                  Westinghouse WCAP–18089–P defines a                                                                              The proposed change does not adversely
                                                                                                          issue of no significant hazards
                                                  length of degradation-free expanded tubing                                                                    affect the design function of the mechanical
                                                                                                          consideration, which is presented
                                                  that provides the necessary resistance to tube                                                                couplers, the structures in which the
                                                                                                          below:
                                                  pullout due to the pressure induced forces,                                                                   couplers are used, or any other SSC design
                                                  with applicable safety factors applied.                    1. Does the proposed amendment involve             functions or methods of operation in a
                                                  Application of the limited hot and cold leg             a significant increase in the probability or          manner that results in a new failure mode,
                                                  tubesheet inspection criteria will preclude             consequences of an accident previously                malfunction, or sequence of events that affect
                                                  unacceptable primary-to-secondary leakage               evaluated?                                            safety-related or nonsafety-related
                                                  during all plant conditions. Using the                     Response: No.                                      equipment. This activity does not allow for
                                                  methodology for determining leakage as                     The proposed change describes how
                                                                                                                                                                a new fission product release path, result in
                                                  described in WCAP–18089–P, it is shown                  evaluation of coupler strength, and by
                                                                                                                                                                a new fission product barrier failure mode, or
                                                  that significant adequate margin exists                 extension, weld strength and quality are used
                                                                                                          to demonstrate the capacity of partial joint          create a new sequence of events that result
                                                  between conservatively estimated accident                                                                     in significant fuel cladding failures.
                                                  induced leakage and the allowable accident              penetration (PJP) welds joining weldable
                                                                                                          couplers to stainless steel embedment plates             Therefore, the proposed amendment does
                                                  leakage (500 gpd at operating conditions) if
                                                  either SG is assumed to be leaking at the TS            as being able to perform their design function        not create the possibility of a new or different
                                                  leakage limit of 72 gpd at the beginning of             in lieu of satisfying the AISC N690–1994,             kind of accident from any accident
                                                  the design basis accident.                              Section Q1.26.2.2, Section Q1.26.2.3, and             previously evaluated.
                                                     Therefore, the proposed changes do not               Section Q1.26.3 requirements for non-                    3. Does the proposed amendment involve
                                                  involve a significant reduction in any margin           destructive examination (NDE) on 10 percent           a significant reduction in a margin of safety?
                                                  of safety.                                              weld populations, reexamination, and repair,             Response: No.
                                                                                                          respectively. The proposed change does not               The proposed change describes how
                                                     The NRC staff has reviewed the                       affect the operation of any systems or                evaluation of coupler strength, and by
                                                  licensee’s analysis and, based on this                  equipment that initiate an analyzed accident          extension, weld strength and quality are used
                                                  review, it appears that the three                       or alter any structures, systems, and                 to demonstrate the capacity of the PJP welds
                                                  standards of 10 CFR 50.92(c) are                        components (SSCs) accident initiator or
                                                                                                                                                                joining weldable couplers to stainless steel
                                                  satisfied. Therefore, the NRC staff                     initiating sequence of events.
                                                                                                                                                                embedment plates as being able to perform
                                                  proposes to determine that the                             The change has no adverse effect on the
                                                                                                          design function of the mechanical couplers            their design function in lieu of satisfying the
                                                  amendment request involves no                                                                                 AISC N690–1994, Section Q1.26.2.2, Section
                                                                                                          or the SSCs to which the mechanical
                                                  significant hazards consideration.                      couplers are welded. The probabilities of the         Q1.26.2.3, and Section Q1.26.3 requirements
                                                     Attorney for licensee: William Blair,                accidents evaluated in the Updated Final              for non-destructive examination on 10
                                                  Managing Attorney—Nuclear, Florida                      Safety Analysis Report (UFSAR) are not                percent weld populations, reexamination,
                                                  Power & Light Company, P. O. Box                        affected.                                             and repair, respectively. The proposed
                                                  14000, 700 Universe Boulevard, Juno                        The change does not impact the support,            change satisfies the same design functions as
                                                  Beach, Florida 33408–0420.                              design, or operation of mechanical and fluid          stated in the UFSAR. This change does not
                                                     NRC Branch Chief: David J. Wrona.                    systems. The change does not impact the               adversely affect compliance with any design
                                                                                                          support, design, or operation of any safety-          function, design analysis, safety analysis
                                                  South Carolina Electric and Gas                         related structures. There is no change to             input or result, or design/safety margin. No
                                                  Company Docket Nos. 52–027 and 52–                      plant systems or the response of systems to           safety analysis or design basis acceptance
                                                  028, Virgil C. Summer Nuclear Station                   postulated accident conditions. There is no           limit/criterion is challenged or exceeded by
                                                  (VCSNS) Units 2 and 3, Fairfield                        change to the predicted radioactive releases
                                                                                                                                                                the proposed change.
                                                  County, South Carolina                                  due to normal operation or postulated
                                                                                                                                                                   Because no safety analysis or design basis
                                                                                                          accident conditions. The plant response to
                                                    Date of amendment request:                            previously evaluated accidents or external            acceptance limit/criterion is challenged or
                                                  September 20, 2016. A publicly-                         events is not adversely affected, nor does the        exceeded by this change, no significant
                                                  available version is in ADAMS under                     proposed change create any new accident               margin of safety is reduced.
                                                  Accession No. ML16267A163.                              precursors.                                              Therefore, the proposed change does not
                                                    Description of amendment request:                        Therefore, the proposed amendment does             involve a significant reduction in a margin of
                                                  This amendment request contains                         not involve a significant increase in the             safety.
                                                  sensitive unclassified non-safeguards                   probability or consequences of an accident
                                                                                                          previously evaluated.                                    The NRC staff has reviewed the
                                                  information (SUNSI). The amendment                         2. Does the proposed amendment create              licensee’s analysis and, based on this
                                                  request proposes changes to the                         the possibility of a new or different kind of         review, it appears that the three
                                                  Updated Final Safety Analysis Report                    accident from any accident previously                 standards of 10 CFR 50.92(c) are
                                                  (UFSAR) in the form of departures from                  evaluated?                                            satisfied. Therefore, the NRC staff
                                                  the incorporated plant-specific Design                     Response: No.                                      proposes to determine that the
                                                  Control Document Tier 2* information.                      The proposed change describes how
                                                                                                          evaluation of coupler strength, and by
                                                                                                                                                                amendment request involves no
                                                  Specifically, the proposed change
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                                                                                                          extension, weld strength and quality are used         significant hazards consideration.
                                                  clarifies in the UFSAR how the quality
                                                  and strength of a specific set of couplers              to demonstrate the capacity of PJP welds                 Attorney for licensee: Kathryn M.
                                                                                                          joining weldable couplers to stainless steel          Sutton, Morgan, Lewis & Bockius LLC,
                                                  welded to stainless steel embedment                     embedment plates as being able to perform
                                                  plates already installed and embedded                                                                         1111 Pennsylvania Avenue NW,
                                                                                                          their design function in lieu of satisfying the       Washington, DC 20004–2514.
                                                  in concrete are demonstrated through                    AISC N690–1994, Section Q1.26.2.2, Section
                                                  visual examination and static tension                   Q1.26.2.3, and Section Q1.26.3 requirements              NRC Branch Chief: Michael T.
                                                  testing, in lieu of the nondestructive                  for non-destructive examination on 10                 Markley.


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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                                    87963

                                                  Order Imposing Procedures for Access                       (1) A description of the licensing                   filing a challenge within 5 days of
                                                  to Sensitive Unclassified Non-                          action with a citation to this Federal                  receipt of that determination with: (a)
                                                  Safeguards Information for Contention                   Register notice;                                        the presiding officer designated in this
                                                  Preparation                                                (2) The name and address of the                      proceeding; (b) if no presiding officer
                                                                                                          potential party and a description of the                has been appointed, the Chief
                                                  NextEra Energy, Point Beach, LLC,                       potential party’s particularized interest               Administrative Judge, or if he or she is
                                                  Docket No. 50–266, Point Beach Nuclear                  that could be harmed by the action                      unavailable, another administrative
                                                  Plant, Unit 1, Town of Two Creeks,                      identified in C.(1); and                                judge, or an administrative law judge
                                                  Manitowoc County, Wisconsin                                (3) The identity of the individual or                with jurisdiction pursuant to 10 CFR
                                                  South Carolina Electric and Gas                         entity requesting access to SUNSI and                   2.318(a); or (c) an officer if that officer
                                                  Company Docket Nos. 52–027 and 52–                      the requester’s basis for the need for the              has been designated to rule on
                                                  028, Virgil C. Summer Nuclear Station                   information in order to meaningfully                    information access issues.
                                                  (VCSNS) Units 2 and 3, Fairfield                        participate in this adjudicatory                           G. Review of Grants of Access. A
                                                  County, South Carolina                                  proceeding. In particular, the request                  party other than the requester may
                                                                                                          must explain why publicly-available                     challenge an NRC staff determination
                                                     A. This Order contains instructions
                                                                                                          versions of the information requested                   granting access to SUNSI whose release
                                                  regarding how potential parties to this
                                                                                                          would not be sufficient to provide the                  would harm that party’s interest
                                                  proceeding may request access to
                                                                                                          basis and specificity for a proffered                   independent of the proceeding. Such a
                                                  documents containing SUNSI.
                                                                                                          contention.                                             challenge must be filed with the Chief
                                                     B. Within 10 days after publication of
                                                                                                             D. Based on an evaluation of the
                                                  this notice of hearing and opportunity to                                                                       Administrative Judge within 5 days of
                                                                                                          information submitted under paragraph
                                                  petition for leave to intervene, any                                                                            the notification by the NRC staff of its
                                                                                                          C.(3) the NRC staff will determine
                                                  potential party who believes access to                                                                          grant of access.
                                                                                                          within 10 days of receipt of the request
                                                  SUNSI is necessary to respond to this                                                                              If challenges to the NRC staff
                                                                                                          whether:
                                                  notice may request such access. A                          (1) There is a reasonable basis to                   determinations are filed, these
                                                  ‘‘potential party’’ is any person who                   believe the petitioner is likely to                     procedures give way to the normal
                                                  intends to participate as a party by                    establish standing to participate in this               process for litigating disputes
                                                  demonstrating standing and filing an                    NRC proceeding; and                                     concerning access to information. The
                                                  admissible contention under 10 CFR                         (2) The requestor has established a                  availability of interlocutory review by
                                                  2.309. Requests for access to SUNSI                     legitimate need for access to SUNSI.                    the Commission of orders ruling on
                                                  submitted later than 10 days after                         E. If the NRC staff determines that the              such NRC staff determinations (whether
                                                  publication of this notice will not be                  requestor satisfies both D.(1) and D.(2)                granting or denying access) is governed
                                                  considered absent a showing of good                     above, the NRC staff will notify the                    by 10 CFR 2.311.3
                                                  cause for the late filing, addressing why               requestor in writing that access to                        H. The Commission expects that the
                                                  the request could not have been filed                   SUNSI has been granted. The written                     NRC staff and presiding officers (and
                                                  earlier.                                                notification will contain instructions on               any other reviewing officers) will
                                                     C. The requester shall submit a letter               how the requestor may obtain copies of                  consider and resolve requests for access
                                                  requesting permission to access SUNSI                   the requested documents, and any other                  to SUNSI, and motions for protective
                                                  to the Office of the Secretary, U.S.                    conditions that may apply to access to                  orders, in a timely fashion in order to
                                                  Nuclear Regulatory Commission,                          those documents. These conditions may                   minimize any unnecessary delays in
                                                  Washington, DC 20555–0001, Attention:                   include, but are not limited to, the                    identifying those petitioners who have
                                                  Rulemakings and Adjudications Staff,                    signing of a Non-Disclosure Agreement                   standing and who have proposed
                                                  and provide a copy to the Associate                     or Affidavit, or Protective Order2 setting              contentions meeting the specificity and
                                                  General Counsel for Hearings,                           forth terms and conditions to prevent                   basis requirements in 10 CFR part 2.
                                                  Enforcement and Administration, Office                  the unauthorized or inadvertent                         Attachment 1 to this Order summarizes
                                                  of the General Counsel, Washington, DC                  disclosure of SUNSI by each individual                  the general target schedule for
                                                  20555–0001. The expedited delivery or                   who will be granted access to SUNSI.                    processing and resolving requests under
                                                  courier mail address for both offices is:                  F. Review of Denials of Access.                      these procedures.
                                                  U.S. Nuclear Regulatory Commission,                        (1) If the request for access to SUNSI
                                                  11555 Rockville Pike, Rockville,                        is denied by the NRC staff after a                         It is so ordered.
                                                  Maryland 20852. The email address for                   determination on standing and need for                    Dated at Rockville, Maryland, this 22nd
                                                  the Office of the Secretary and the                     access, the NRC staff shall immediately                 day of November, 2016.
                                                  Office of the General Counsel are                       notify the requestor in writing, briefly                  For the Nuclear Regulatory Commission.
                                                  Hearing.Docket@nrc.gov and                              stating the reason or reasons for the                   Annette L. Vietti-Cook,
                                                  OGCmailcenter@nrc.gov, respectively.1                   denial.                                                 Secretary of the Commission.
                                                  The request must include the following                     (2) The requester may challenge the
                                                  information:                                            NRC staff’s adverse determination by                      3 Requesters should note that the filing

                                                                                                                                                                  requirements of the NRC’s E-Filing Rule (72 FR
                                                     1 While a request for hearing or petition to           2 Any motion for Protective Order or draft Non-       49139; August 28, 2007, as amended at 77 FR
                                                  intervene in this proceeding must comply with the       Disclosure Affidavit or Agreement for SUNSI must        46562; August 3, 2012) apply to appeals of NRC
                                                  filing requirements of the NRC’s ‘‘E-Filing Rule,’’     be filed with the presiding officer or the Chief        staff determinations (because they must be served
                                                  the initial request to access SUNSI under these         Administrative Judge if the presiding officer has not   on a presiding officer or the Commission, as
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                                                  procedures should be submitted as described in this     yet been designated, within 30 days of the deadline     applicable), but not to the initial SUNSI request
                                                  paragraph.                                              for the receipt of the written access request.          submitted to the NRC staff under these procedures.




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                                                  87964                         Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                   ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
                                                                      UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
                                                     Day                                                                             Event/Activity

                                                  0 ...........   Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instructions
                                                                     for access requests.
                                                  10 .........    Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: sup-
                                                                     porting the standing of a potential party identified by name and address; describing the need for the information in order for the po-
                                                                     tential party to participate meaningfully in an adjudicatory proceeding.
                                                  60 .........    Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation
                                                                     does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
                                                  20 .........    U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access
                                                                     provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party
                                                                     to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff
                                                                     makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions
                                                                     or review of redacted documents).
                                                  25 .........    If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to re-
                                                                     verse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administra-
                                                                     tive Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the pro-
                                                                     ceeding 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 mo-
                                                                     tion 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 sen-
                                                                     sitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse de-
                                                                     termination 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. 2016–28521 Filed 12–5–16; 8:45 am]               consideration, notwithstanding the                      For additional direction on obtaining
                                                  BILLING CODE 7590–01–P                                    pendency before the Commission of a                   information and submitting comments,
                                                                                                            request for a hearing from any person.                see ‘‘Obtaining Information and
                                                                                                               This biweekly notice includes all                  Submitting Comments’’ in the
                                                  NUCLEAR REGULATORY                                        notices of amendments issued, or                      SUPPLEMENTARY INFORMATION section of
                                                  COMMISSION                                                proposed to be issued, from November                  this document.
                                                                                                            8 to November 21, 2016. The last                      FOR FURTHER INFORMATION CONTACT:
                                                  [NRC–2016–0245]                                           biweekly notice was published on                      Janet Burkhardt, Office of Nuclear
                                                                                                            November 22, 2016.                                    Reactor Regulation, U.S. Nuclear
                                                  Biweekly Notice; Applications and
                                                                                                            DATES: Comments must be filed by
                                                                                                                                                                  Regulatory Commission, Washington,
                                                  Amendments to Facility Operating
                                                                                                            January 5, 2017. A request for a hearing              DC 20555–0001; telephone: 301–415–
                                                  Licenses and Combined Licenses
                                                                                                                                                                  1384, email: Janet.Burkhardt@nrc.gov.
                                                  Involving No Significant Hazards                          must be filed by February 6, 2017.
                                                  Considerations                                            ADDRESSES: You may submit comments                    I. Obtaining Information and
                                                                                                            by any of the following methods (unless               Submitting Comments
                                                  AGENCY:  Nuclear Regulatory
                                                  Commission.                                               this document describes a different                   A. Obtaining Information
                                                                                                            method for submitting comments on a
                                                  ACTION: Biweekly notice.                                                                                          Please refer to Docket ID NRC–2016–
                                                                                                            specific subject):
                                                                                                                                                                  0245, facility name, unit number(s),
                                                  SUMMARY:   Pursuant to Section 189a.(2)                      • Federal Rulemaking Web site: Go to               plant docket number, application date,
                                                  of the Atomic Energy Act of 1954, as                      http://www.regulations.gov and search                 and subject when contacting the NRC
                                                  amended (the Act), the U.S. Nuclear                       for Docket ID NRC–2016–0245. Address                  about the availability of information for
                                                  Regulatory Commission (NRC) is                            questions about NRC dockets to Carol                  this action. You may obtain publicly-
                                                  publishing this regular biweekly notice.                  Gallagher; telephone: 301–415–3463;                   available information related to this
                                                  The Act requires the Commission to                        email: Carol.Gallagher@nrc.gov. For                   action by any of the following methods:
                                                  publish notice of any amendments                          technical questions, contact the                        • Federal Rulemaking Web site: Go to
                                                  issued, or proposed to be issued, and                     individual listed in the FOR FURTHER                  http://www.regulations.gov and search
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                                                  grants the Commission the authority to                    INFORMATION CONTACT section of this                   for Docket ID NRC–2016–0245.
                                                  issue and make immediately effective                      document.                                               • NRC’s Agencywide Documents
                                                  any amendment to an operating license                        • Mail comments to: Cindy Bladey,                  Access and Management System
                                                  or combined license, as applicable,                       Office of Administration, Mail Stop:                  (ADAMS): You may obtain publicly-
                                                  upon a determination by the                               OWFN–12–H08, U.S. Nuclear                             available documents online in the
                                                  Commission that such amendment                            Regulatory Commission, Washington,                    ADAMS Public Documents collection at
                                                  involves no significant hazards                           DC 20555–0001.                                        http://www.nrc.gov/reading-rm/


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Document Created: 2016-12-06 02:19:01
Document Modified: 2016-12-06 02:19:01
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 January 5, 2017. A request for a hearing must be filed by February 6, 2017. 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 December 16, 2016.
ContactJanet Burkhardt, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1384; email: [email protected]
FR Citation81 FR 87958 

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