81_FR_89754 81 FR 89516 - Vogtle Electric Generating Plant, Units 3 and 4

81 FR 89516 - Vogtle Electric Generating Plant, Units 3 and 4

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 238 (December 12, 2016)

Page Range89516-89520
FR Document2016-29713

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment and exemption to Combined Licenses (NPF-91 and NPF-92), issued to Southern Nuclear Operating Company, Inc. (SNC), and Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia, and the City of Dalton, Georgia (together ``the licensees''), for construction and operation of the Vogtle Electric Generating Plant (VEGP), Units 3 and 4, located in Burke County, Georgia.

Federal Register, Volume 81 Issue 238 (Monday, December 12, 2016)
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89516-89520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29713]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 052-00025 and 052-00026; NRC-2008-0252]


Vogtle Electric Generating Plant, Units 3 and 4

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment and exemption to Combined Licenses (NPF-91 and 
NPF-92), issued to Southern Nuclear Operating Company, Inc. (SNC), and 
Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, 
LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia, 
and the City of Dalton, Georgia (together ``the licensees''), for 
construction and operation of the Vogtle Electric Generating Plant 
(VEGP), Units 3 and 4, located in Burke County, Georgia.

DATES: Submit comments by January 11, 2017. Requests for a hearing or 
petition for leave to intervene must be filed by February 10, 2017.

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-2008-0252. 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.

[[Page 89517]]


FOR FURTHER INFORMATION CONTACT: Ruth C. Reyes, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-000; 
telephone: 301-415-3249; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2008-0252 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-2008-0252.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
application for amendment, dated November 4, 2016, and supplemented by 
letter dated November 16, 2016 are available in ADAMS under Accession 
Nos. ML16319A120 and ML16321A416, respectively.
     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-2008-0252 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License Nos. NPF-91 and NPF-92, issued to SNC and Georgia 
Power Company for operation of the VEGP Units 3 and 4, located in Burke 
County, Georgia. An individual Federal Register notice was published on 
June 6, 2014 (79 FR 32771) providing an opportunity to comment, request 
a hearing, and petition for leave to intervene for a License Amendment 
Request (LAR 13-024) with the same subject for the VEGP combined 
licenses. The licensee withdrew its request in a letter dated December 
17, 2015.
    The proposed changes would revise the Combined Licenses to reflect 
an increase in the efficiency of the return of condensate utilized by 
the passive core cooling system (PXS) to the in-containment refueling 
water storage tank (IRWST) to support the capability for long-term 
cooling. Because, this proposed change requires a departure from Tier 1 
information in the Westinghouse AP1000 Design Control Document (DCD), 
the licensee also requested an exemption from the requirements of the 
Generic DCD Tier 1 in accordance with section 52.63(b)(1) of title 10 
of the Code of Federal Regulations (10 CFR).
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in 10 CFR 50.92, this means that operation of the 
facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed containment condensate flow path changes provide 
sufficient condensate return flow to maintain In-containment 
Refueling Water Storage Tank (IRWST) level above the top of the 
Passive Residual Heat Removal Heat Exchanger (PRHR HX) tubes long 
enough to prevent PRHR HX performance degradation from that 
considered in the UFSAR Chapter 15 safety analyses.
    The added components are seismically qualified and constructed 
of only those materials appropriately suited for exposure to the 
reactor coolant environment as described in UFSAR Section 6.1. No 
aluminum is permitted to be used in the construction of these 
components so that they do not contribute to hydrogen production in 
containment.
    The proposed changes clarify the design basis for the PRHR HX, 
which removes decay heat from the Reactor Coolant System (RCS) 
during a non-loss of coolant accident (non-LOCA). With operator 
action to avoid unnecessary Automatic Depressurization System (ADS) 
actuation based on RCS conditions, PRHR HX operation can be extended 
longer than is maintained automatically by the protection and safety 
monitoring system. Though analysis shows significantly greater 
capacity, the extent of capability of the PRHR HX in the licensing 
basis is changed from operating indefinitely to operating for at 
least 72 hours. If PRHR HX capability was exhausted after 72 hours, 
the ADS is actuated, which could result in significant containment 
floodup. However, the probabilistic analysis shows that the 
probability of design basis containment floodup after PRHR HX 
operation during a non-LOCA event is significantly lower than the 
probability of a small break LOCA, for which comparable containment 
floodup is anticipated. Therefore, the probability of significant 
containment floodup is not increased.
    The proposed changes do not affect components whose failure 
could initiate an event, thus the probabilities of the accidents 
previously evaluated are not affected. The affected equipment does 
not adversely affect or interact with safety-related equipment or 
another radioactive material barrier. The proposed changes clarify 
the post-accident performance requirements for the PRHR HX. However, 
the proposed changes do not prevent the engineered safety features 
from performing their safety-related accident mitigating functions. 
The radioactive material source terms and release paths used in the 
safety analyses are unchanged, thus the radiological releases in the 
UFSAR accident analyses are not affected.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The long-term safe shutdown analysis results show that the PRHR 
HX continues to meet its acceptance criterion, i.e., to cool the

[[Page 89518]]

Reactor Coolant System (RCS) to below 420 [deg]F in 36 hours. The 
added equipment does not adversely interface with any component 
whose failure could initiate an accident, or any component that 
contains radioactive material. The modified components do not 
incorporate any active features relied upon to support normal 
operation. The downspout and gutter return components are 
seismically qualified to remain in place and function during seismic 
and dynamic events. The containment condensate flow path changes do 
not create a new fault or sequence of events that could result in a 
radioactive material release.
    The proposed change quantifies the duration that the PRHR HX is 
capable of maintaining adequate core cooling, and specifies that if 
the PRHR HX cooling capability is exhausted, the ADS is actuated. 
This involves the possibility of opening the ADS valves after the 
IRWST water level has decreased below the spargers, which promote 
steam condensation in the IRWST. During this condition, the loads on 
the IRWST, spargers, and any internal structures or components in 
the IRWST are still less than their limiting loads, and these SSCs 
are not adversely affected or cause a different mode of operation. 
Therefore, no new type of accident could be created by this 
condition.
    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 change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes do not reduce the redundancy or diversity 
of any safety-related function. The added components are classified 
as safety-related, seismically qualified, and are designed to comply 
with applicable design codes. The proposed containment condensate 
flow path changes provide sufficient condensate return flow to 
maintain adequate IRWST water level for those events using the PRHR 
HX cooling function. The long-term Shutdown Temperature Evaluation 
results in UFSAR Appendix 19E show the PRHR HX continues to meet its 
acceptance criterion. The UFSAR Chapters 6 and 15 analyses results 
are not affected, thus margins to their regulatory acceptance 
criteria are unchanged. The former design basis, which stated the 
PRHR HX could bring the plant to 420 [deg]F within 36 hours is 
changed to state the heat exchanger can establish safe, stable 
conditions in the reactor coolant system after a design basis event. 
Such safe, stable conditions may not coincide with a core average 
temperature of 420 [deg]F. However, the PRHR HX is able to bring the 
RCS to a sufficiently low temperature such that RCS conditions are 
comparable to those achieved at 420 [deg]F--peak cladding 
temperatures and departure from nucleate boiling are maintained 
within acceptable limits of the evaluation criteria with adequate 
margin. No safety analysis or design basis acceptance limit/
criterion is challenged or exceeded by the proposed changes, thus no 
margin of safety is reduced.
    Therefore, the proposed amendment 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 
license amendment request involves no significant hazards 
consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period should circumstances change during the 30-day comment period 
such that failure to act in a timely way would result, for example, in 
derating or shutdown of the facility. Should the Commission take action 
prior to the expiration of either the comment period or the notice 
period, the Commission will publish a notice of issuance in the Federal 
Register. Should the Commission make a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

III. 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.

[[Page 89519]]

    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).
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held. If the final determination is that 
the amendment request involves no significant hazards consideration, 
the Commission may issue the amendment and make it immediately 
effective, notwithstanding the request for a hearing. Any hearing held 
would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of any amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1).
    The petition should state the nature and extent of the petitioner's 
interest in the proceeding. The petition should be submitted to the 
Commission by February 10, 2017. The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document, and should meet the requirements 
for petitions set forth in this section, except that under 10 CFR 
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian Tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Details regarding the opportunity to 
make a limited appearance will be provided by the presiding officer if 
such sessions are scheduled.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene (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

[[Page 89520]]

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 request to intervene will require 
including information on local residence in order to demonstrate a 
proximity assertion of interest in the proceeding. With respect to 
copyrighted works, except for limited excerpts that serve the purpose 
of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated November 4, 2016.
    Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham 
LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.
    NRC Branch Chief: Jennifer Dixon-Herrity.

    Dated at Rockville, Maryland, this 2nd day of December 2016.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2016-29713 Filed 12-9-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  89516                      Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

                                                  50.80 (10 CFR 50.80), requesting approval of            the facility previously held by Talen. The              Dated at Rockville, Maryland, this 30th day
                                                  the indirect transfer of control of                     NRC staff has also determined that                    of November 2016.
                                                  Susquehanna Nuclear’s interests in Renewed              Susquehanna Nuclear remains qualified to                For the Nuclear Regulatory Commission.
                                                  Facility Operating License Nos. NPF–14 and              hold the operating authority under the
                                                  NPF–22, as well as the general license for the          licenses, and that the indirect transfer of           Eric J. Benner,
                                                  SSES ISFSI. Future reference to SSES, Units             ownership interests in the facility to                Deputy Director, Division of Operating
                                                  1 and 2 include the general license for the             Riverstone, as described in the application, is       Reactor Licensing, Office of Nuclear Reactor
                                                  SSES ISFSI. Susquehanna Nuclear is licensed             otherwise consistent with the applicable              Regulation.
                                                  as the sole operator and has a 90 percent               provisions of law, regulations, and orders            [FR Doc. 2016–29716 Filed 12–9–16; 8:45 am]
                                                  undivided ownership interest in SSES, Units             issued by the Commission, pursuant thereto.
                                                                                                                                                                BILLING CODE 7590–01–P
                                                  1 and 2. The proposed indirect transfer of              The findings set forth above are supported by
                                                  licenses does not involve Allegheny, the                the NRC Safety Evaluation dated November
                                                  other (10 percent) owner of the units and a             30, 2016.
                                                  nonoperating licensee for SSES, Units 1 and                                                                   NUCLEAR REGULATORY
                                                  2.                                                      III.                                                  COMMISSION
                                                     The indirect transfer of control results from           Accordingly, pursuant to Sections 161b,
                                                                                                                                                                [Docket Nos. 052–00025 and 052–00026;
                                                  the ultimate parent of Susquehanna Nuclear’s            161i, and 184 of the Atomic Energy Act of
                                                                                                                                                                NRC–2008–0252]
                                                  interests in the licenses, Talen Energy                 1954, as amended (the Act); 42 U.S.C.
                                                  Corporation (Talen), becoming wholly owned              2201(b), 2201(i), and 2234; and 10 CFR 50.80,         Vogtle Electric Generating Plant, Units
                                                  by the portfolio companies of Riverstone,               it is hereby ordered that the application
                                                  which currently holds 35 percent in the                 regarding the proposed indirect license
                                                                                                                                                                3 and 4
                                                  aggregate of the outstanding common stock of            transfers to the portfolio companies of               AGENCY:  Nuclear Regulatory
                                                  Talen. As a result, all of the common stock             Riverstone is approved, subject to the                Commission.
                                                  of Talen will become privately held by                  following conditions:
                                                                                                                                                                ACTION: License amendment application;
                                                  affiliates of Riverstone, and Susquehanna                  1. Susquehanna Nuclear, LLC shall not
                                                  Nuclear will become indirectly controlled by            take any action that would cause Riverstone           opportunity to comment, request a
                                                  the portfolio companies of Riverstone.                  or any other direct or indirect parent of             hearing, and petition for leave to
                                                     The proposed indirect transfer of control            Susquehanna Nuclear, LLC or other entity, to          intervene.
                                                  will result in no change to the role of                 void, cancel, or diminish the commitment to
                                                  Susquehanna Nuclear as the licensed                     fund an extended plant shutdown, as                   SUMMARY:   The U.S. Nuclear Regulatory
                                                  operator of the units, no change to its                 represented in the application for approval of        Commission (NRC) is considering
                                                  technical qualifications, and no change to its          the indirect transfer of the licenses for SSES,       issuance of an amendment and
                                                  ownership interest or that of Allegheny. No             Units 1 and 2, as applicable.                         exemption to Combined Licenses (NPF–
                                                  changes will be made to the units or their                 2. The transaction will not alter the              91 and NPF–92), issued to Southern
                                                  licensing bases as a result of the transfer, and        Support Agreement and the Support                     Nuclear Operating Company, Inc. (SNC),
                                                  the transfer will not involve any changes to            Agreement will remain in effect in                    and Georgia Power Company,
                                                  the principal officers, managers, or staff of           accordance with license conditions in                 Oglethorpe Power Corporation, MEAG
                                                  Susquehanna Nuclear or to the day-to-day                Appendix C of the SSES licenses.
                                                                                                                                                                Power SPVM, LLC, MEAG Power SPVJ,
                                                  management and operations of the units.                    It is further ordered that Susquehanna
                                                     Approval of the indirect transfer of the             Nuclear shall inform the Director of the              LLC, MEAG Power SPVP, LLC,
                                                  renewed facility operating licenses was                 Office of Nuclear Reactor Regulation in               Authority of Georgia, and the City of
                                                  requested by the applicant. A notice of the             writing of the date of closing of the transfer,       Dalton, Georgia (together ‘‘the
                                                  request for approval, the opportunity to                no later than 2 business days prior to the date       licensees’’), for construction and
                                                  comment, and the opportunity to request a               of the closing of the indirect transfer. Should       operation of the Vogtle Electric
                                                  hearing was published in the Federal                    the indirect transfer of the licenses not be          Generating Plant (VEGP), Units 3 and 4,
                                                  Register on October 4, 2016 (81 FR 68462).              completed within 1 year of this Order’s date          located in Burke County, Georgia.
                                                  One public comment was received regarding               of issue, this Order shall become null and            DATES: Submit comments by January 11,
                                                  the proposed license transfers. The NRC staff           void, provided, however, upon written
                                                  addressed the comment in the Safety                     application and for good cause shown, such
                                                                                                                                                                2017. Requests for a hearing or petition
                                                  Evaluation dated November 30, 2016,                     date may be extended by order.                        for leave to intervene must be filed by
                                                  supporting this Order. A request for access to             This Order is effective upon issuance.             February 10, 2017.
                                                  sensitive unclassified non-safeguards                      For further details with respect to this           ADDRESSES: You may submit comments
                                                  information (SUNSI) made pursuant to the                Order, see the application dated June 29,             by any of the following methods:
                                                  Order Imposing Procedures for Access to                 2016 (Agencywide Documents Access and                    • Federal Rulemaking Web site: Go to
                                                  SUNSI for Contention Preparation, included              Management System (ADAMS) Package                     http://www.regulations.gov and search
                                                  with the Federal Register notice, was                   Accession No. ML16181A414), as                        for Docket ID NRC–2008–0252. Address
                                                  received on October 11, 2016, from Mr.                  supplemented by letter dated November 14,             questions about NRC dockets to Carol
                                                  Sabatini Monatesti of Berwick, Pennsylvania.            2016 (ADAMS Accession No.
                                                                                                                                                                Gallagher; telephone: 301–415–3463;
                                                  On October 20, 2016, the NRC staff denied               ML16320A436), and the non-proprietary
                                                  this access request. On October 24, 2016, Mr.           Safety Evaluation dated November 30, 2016,            email: Carol.Gallagher@nrc.gov. For
                                                  Monatesti appealed the NRC staff’s denial of            (ADAMS Accession No. ML16320A080),                    technical questions, contact the
                                                  his access request. On November 21, 2016, an            which are available for public inspection at          individual listed in the FOR FURTHER
                                                  Atomic Safety and Licensing Board affirmed              the Commission’s Public Document Room                 INFORMATION CONTACT section of this
                                                  the NRC staff’s denial.                                 (PDR), located at One White Flint North,              document.
                                                     Pursuant to 10 CFR 50.80, no license, or             Public File Area O1–F21, 11555 Rockville                 • Mail comments to: Cindy Bladey,
                                                  any right thereunder, shall be transferred,             Pike (first floor), Rockville, Maryland.              Office of Administration, Mail Stop:
                                                  directly or indirectly, through transfer of             Publicly available documents created or               OWFN–12–H08, U.S. Nuclear
                                                  control of the license, unless the Commission           received at the NRC are accessible                    Regulatory Commission, Washington,
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                                                  shall give its consent in writing. Upon review          electronically through ADAMS in the NRC               DC 20555–0001.
                                                  of the information in the licensee’s                    Library at http://www.nrc.gov/reading-rm/
                                                                                                                                                                   For additional direction on obtaining
                                                  application, and other information before the           adams.html. Persons who do not have access
                                                  Commission, and relying upon the                        to ADAMS, or who encounter problems in                information and submitting comments,
                                                  representations and agreements contained in             accessing the documents located in ADAMS,             see ‘‘Obtaining Information and
                                                  the application, the NRC staff has determined           should contact the NRC PDR reference staff            Submitting Comments’’ in the
                                                  that the portfolio companies of Riverstone are          by telephone at 1–800–397–4209, 301–415–              SUPPLEMENTARY INFORMATION section of
                                                  qualified to hold the ownership interests in            4737, or by email at pdr.resource@nrc.gov.            this document.


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                                                                             Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices                                                 89517

                                                  FOR FURTHER INFORMATION CONTACT:                        does not routinely edit comment                          Response: No.
                                                  Ruth C. Reyes, Office of New Reactors,                  submissions to remove such information                   The proposed containment condensate
                                                  U.S. Nuclear Regulatory Commission,                     before making the comment                             flow path changes provide sufficient
                                                                                                          submissions available to the public or                condensate return flow to maintain In-
                                                  Washington, DC 20555–000; telephone:
                                                                                                                                                                containment Refueling Water Storage Tank
                                                  301–415–3249; email: Ruth.Reyes@                        entering the comment submissions into                 (IRWST) level above the top of the Passive
                                                  nrc.gov.                                                ADAMS.                                                Residual Heat Removal Heat Exchanger
                                                  SUPPLEMENTARY INFORMATION:                              II. Introduction                                      (PRHR HX) tubes long enough to prevent
                                                                                                                                                                PRHR HX performance degradation from that
                                                  I. Obtaining Information and                               The NRC is considering issuance of an              considered in the UFSAR Chapter 15 safety
                                                  Submitting Comments                                     amendment to Facility Operating                       analyses.
                                                                                                          License Nos. NPF–91 and NPF–92,                          The added components are seismically
                                                  A. Obtaining Information                                issued to SNC and Georgia Power                       qualified and constructed of only those
                                                     Please refer to Docket ID NRC–2008–                  Company for operation of the VEGP                     materials appropriately suited for exposure to
                                                  0252 when contacting the NRC about                      Units 3 and 4, located in Burke County,               the reactor coolant environment as described
                                                                                                                                                                in UFSAR Section 6.1. No aluminum is
                                                  the availability of information for this                Georgia. An individual Federal Register               permitted to be used in the construction of
                                                  action. You may obtain publicly-                        notice was published on June 6, 2014                  these components so that they do not
                                                  available information related to this                   (79 FR 32771) providing an opportunity                contribute to hydrogen production in
                                                  action by any of the following methods:                 to comment, request a hearing, and                    containment.
                                                     • Federal Rulemaking Web site: Go to                 petition for leave to intervene for a                    The proposed changes clarify the design
                                                  http://www.regulations.gov and search                   License Amendment Request (LAR 13–                    basis for the PRHR HX, which removes decay
                                                  for Docket ID NRC–2008–0252.                            024) with the same subject for the VEGP               heat from the Reactor Coolant System (RCS)
                                                     • NRC’s Agencywide Documents                         combined licenses. The licensee                       during a non-loss of coolant accident (non-
                                                  Access and Management System                            withdrew its request in a letter dated                LOCA). With operator action to avoid
                                                  (ADAMS): You may obtain publicly-                                                                             unnecessary Automatic Depressurization
                                                                                                          December 17, 2015.
                                                                                                                                                                System (ADS) actuation based on RCS
                                                  available documents online in the                          The proposed changes would revise
                                                                                                                                                                conditions, PRHR HX operation can be
                                                  ADAMS Public Documents collection at                    the Combined Licenses to reflect an                   extended longer than is maintained
                                                  http://www.nrc.gov/reading-rm/                          increase in the efficiency of the return              automatically by the protection and safety
                                                  adams.html. To begin the search, select                 of condensate utilized by the passive                 monitoring system. Though analysis shows
                                                  ‘‘ADAMS Public Documents’’ and then                     core cooling system (PXS) to the in-                  significantly greater capacity, the extent of
                                                  select ‘‘Begin Web-based ADAMS                          containment refueling water storage                   capability of the PRHR HX in the licensing
                                                  Search.’’ For problems with ADAMS,                      tank (IRWST) to support the capability                basis is changed from operating indefinitely
                                                  please contact the NRC’s Public                         for long-term cooling. Because, this                  to operating for at least 72 hours. If PRHR HX
                                                  Document Room (PDR) reference staff at                  proposed change requires a departure                  capability was exhausted after 72 hours, the
                                                                                                          from Tier 1 information in the                        ADS is actuated, which could result in
                                                  1–800–397–4209, 301–415–4737, or by
                                                                                                                                                                significant containment floodup. However,
                                                  email to pdr.resource@nrc.gov. The                      Westinghouse AP1000 Design Control
                                                                                                                                                                the probabilistic analysis shows that the
                                                  application for amendment, dated                        Document (DCD), the licensee also                     probability of design basis containment
                                                  November 4, 2016, and supplemented                      requested an exemption from the                       floodup after PRHR HX operation during a
                                                  by letter dated November 16, 2016 are                   requirements of the Generic DCD Tier 1                non-LOCA event is significantly lower than
                                                  available in ADAMS under Accession                      in accordance with section 52.63(b)(1)                the probability of a small break LOCA, for
                                                  Nos. ML16319A120 and ML16321A416,                       of title 10 of the Code of Federal                    which comparable containment floodup is
                                                  respectively.                                           Regulations (10 CFR).                                 anticipated. Therefore, the probability of
                                                     • NRC’s PDR: You may examine and                        Before any issuance of the proposed                significant containment floodup is not
                                                  purchase copies of public documents at                  license amendment, the NRC will need                  increased.
                                                                                                          to make the findings required by the                     The proposed changes do not affect
                                                  the NRC’s PDR, Room O1–F21, One                                                                               components whose failure could initiate an
                                                  White Flint North, 11555 Rockville                      Atomic Energy Act of 1954, as amended                 event, thus the probabilities of the accidents
                                                  Pike, Rockville, Maryland 20852.                        (the Act), and NRC’s regulations.                     previously evaluated are not affected. The
                                                                                                             The NRC has made a proposed                        affected equipment does not adversely affect
                                                  B. Submitting Comments                                  determination that the license                        or interact with safety-related equipment or
                                                    Please include Docket ID NRC–2008–                    amendment request involves no                         another radioactive material barrier. The
                                                  0252 in your comment submission.                        significant hazards consideration. Under              proposed changes clarify the post-accident
                                                    The NRC cautions you not to include                   the NRC’s regulations in 10 CFR 50.92,                performance requirements for the PRHR HX.
                                                  identifying or contact information that                 this means that operation of the facility             However, the proposed changes do not
                                                  you do not want to be publicly                          in accordance with the proposed                       prevent the engineered safety features from
                                                  disclosed in your comment submission.                   amendment would not (1) involve a                     performing their safety-related accident
                                                                                                                                                                mitigating functions. The radioactive
                                                  The NRC posts all comment                               significant increase in the probability or            material source terms and release paths used
                                                  submissions at http://                                  consequences of an accident previously                in the safety analyses are unchanged, thus
                                                  www.regulations.gov as well as entering                 evaluated; or (2) create the possibility of           the radiological releases in the UFSAR
                                                  the comment submissions into ADAMS.                     a new or different kind of accident from              accident analyses are not affected.
                                                  The NRC does not routinely edit                         any accident previously evaluated; or                    Therefore, the proposed amendment does
                                                  comment submissions to remove                           (3) involve a significant reduction in a              not involve a significant increase in the
                                                  identifying or contact information.                     margin of safety. As required by 10 CFR               probability or consequences of an accident
                                                    If you are requesting or aggregating                  50.91(a), the licensee has provided its               previously evaluated.
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                                                  comments from other persons for                         analysis of the issue of no significant                  2. Does the proposed change create the
                                                                                                                                                                possibility of a new or different kind of
                                                  submission to the NRC, then you should                  hazards consideration, which is                       accident from any accident previously
                                                  inform those persons not to include                     presented below:                                      evaluated?
                                                  identifying or contact information that                   1. Does the proposed change involve a                  Response: No.
                                                  they do not want to be publicly                         significant increase in the probability or               The long-term safe shutdown analysis
                                                  disclosed in their comment submission.                  consequences of an accident previously                results show that the PRHR HX continues to
                                                  Your request should state that the NRC                  evaluated?                                            meet its acceptance criterion, i.e., to cool the



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                                                  89518                      Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

                                                  Reactor Coolant System (RCS) to below 420                  The NRC staff has reviewed the                     Commission or by the Chief
                                                  °F in 36 hours. The added equipment does                licensee’s analysis and, based on this                Administrative Judge of the Atomic
                                                  not adversely interface with any component              review, it appears that the three                     Safety and Licensing Board Panel, will
                                                  whose failure could initiate an accident, or                                                                  rule on the petition; and the Secretary
                                                                                                          standards of 10 CFR 50.92(c) are
                                                  any component that contains radioactive
                                                  material. The modified components do not                satisfied. Therefore, the NRC staff                   or the Chief Administrative Judge of the
                                                  incorporate any active features relied upon to          proposes to determine that the license                Atomic Safety and Licensing Board
                                                  support normal operation. The downspout                 amendment request involves no                         Panel will issue a notice of a hearing or
                                                  and gutter return components are seismically            significant hazards consideration.                    an appropriate order.
                                                  qualified to remain in place and function                  The NRC is seeking public comments                    As required by 10 CFR 2.309, a
                                                  during seismic and dynamic events. The                  on this proposed determination that the               petition shall set forth with particularity
                                                  containment condensate flow path changes                license amendment request involves no                 the interest of the petitioner in the
                                                  do not create a new fault or sequence of                significant hazards consideration. Any                proceeding, and how that interest may
                                                  events that could result in a radioactive               comments received within 30 days after                be affected by the results of the
                                                  material release.
                                                     The proposed change quantifies the
                                                                                                          the date of publication of this notice                proceeding. The petition should
                                                  duration that the PRHR HX is capable of                 will be considered in making any final                specifically explain the reasons why
                                                  maintaining adequate core cooling, and                  determination.                                        intervention should be permitted with
                                                  specifies that if the PRHR HX cooling                      Normally, the Commission will not                  particular reference to the following
                                                  capability is exhausted, the ADS is actuated.           issue the amendment until the                         general requirements: (1) The name,
                                                  This involves the possibility of opening the            expiration of 60 days after the date of               address, and telephone number of the
                                                  ADS valves after the IRWST water level has              publication of this notice. The                       petitioner; (2) the nature of the
                                                  decreased below the spargers, which promote             Commission may issue the license                      petitioner’s right under the Act to be
                                                  steam condensation in the IRWST. During                 amendment before expiration of the 60-                made a party to the proceeding; (3) the
                                                  this condition, the loads on the IRWST,                 day notice period if the Commission                   nature and extent of the petitioner’s
                                                  spargers, and any internal structures or
                                                                                                          concludes the amendment involves no                   property, financial, or other interest in
                                                  components in the IRWST are still less than
                                                  their limiting loads, and these SSCs are not            significant hazards consideration. In                 the proceeding; and (4) the possible
                                                  adversely affected or cause a different mode            addition, the Commission may issue the                effect of any decision or order which
                                                  of operation. Therefore, no new type of                 amendment prior to the expiration of                  may be entered in the proceeding on the
                                                  accident could be created by this condition.            the 30-day comment period should                      petitioner’s interest. The petition must
                                                     Therefore, the proposed amendment does               circumstances change during the 30-day                also set forth the specific contentions
                                                  not create the possibility of a new or different        comment period such that failure to act               which the petitioner seeks to have
                                                  kind of accident from any accident                      in a timely way would result, for                     litigated at the proceeding.
                                                  previously evaluated.                                   example, in derating or shutdown of the                  Each contention must consist of a
                                                     3. Does the proposed change involve a                facility. Should the Commission take                  specific statement of the issue of law or
                                                  significant reduction in a margin of safety?
                                                                                                          action prior to the expiration of either              fact to be raised or controverted. In
                                                     Response: No.
                                                     The proposed changes do not reduce the               the comment period or the notice                      addition, the petitioner shall provide a
                                                  redundancy or diversity of any safety-related           period, the Commission will publish a                 brief explanation of the bases for the
                                                  function. The added components are                      notice of issuance in the Federal                     contention and a concise statement of
                                                  classified as safety-related, seismically               Register. Should the Commission make                  the alleged facts or expert opinion
                                                  qualified, and are designed to comply with              a final no significant hazards                        which support the contention and on
                                                  applicable design codes. The proposed                   consideration determination, any                      which the petitioner intends to rely in
                                                  containment condensate flow path changes                hearing will take place after issuance.               proving the contention at the hearing.
                                                  provide sufficient condensate return flow to            The Commission expects that the need                  The petitioner must also provide
                                                  maintain adequate IRWST water level for                 to take this action will occur very                   references to those specific sources and
                                                  those events using the PRHR HX cooling
                                                                                                          infrequently.                                         documents of which the petitioner is
                                                  function. The long-term Shutdown
                                                  Temperature Evaluation results in UFSAR                                                                       aware and on which the petitioner
                                                                                                          III. Opportunity To Request a Hearing
                                                  Appendix 19E show the PRHR HX continues                                                                       intends to rely to establish those facts or
                                                                                                          and Petition for Leave To Intervene
                                                  to meet its acceptance criterion. The UFSAR                                                                   expert opinion to support its position on
                                                  Chapters 6 and 15 analyses results are not                 Within 60 days after the date of                   the issue. The petition must include
                                                  affected, thus margins to their regulatory              publication of this notice, any persons               sufficient information to show that a
                                                  acceptance criteria are unchanged. The                  (petitioner) whose interest may be                    genuine dispute exists with the
                                                  former design basis, which stated the PRHR              affected by this action may file a request            applicant on a material issue of law or
                                                  HX could bring the plant to 420 °F within 36            for a hearing and a petition to intervene             fact. Contentions shall be limited to
                                                  hours is changed to state the heat exchanger            (petition) with respect to the action.                matters within the scope of the
                                                  can establish safe, stable conditions in the            Petitions shall be filed in accordance                proceeding. The contention must be one
                                                  reactor coolant system after a design basis
                                                                                                          with the Commission’s ‘‘Agency Rules                  which, if proven, would entitle the
                                                  event. Such safe, stable conditions may not
                                                  coincide with a core average temperature of             of Practice and Procedure’’ in 10 CFR                 petitioner to relief. A petitioner who
                                                  420 °F. However, the PRHR HX is able to                 part 2. Interested persons should                     fails to satisfy these requirements with
                                                  bring the RCS to a sufficiently low                     consult a current copy of 10 CFR 2.309,               respect to at least one contention will
                                                  temperature such that RCS conditions are                which is available at the NRC’s PDR,                  not be permitted to participate as a
                                                  comparable to those achieved at 420 °F—                 located at One White Flint North, Room                party.
                                                  peak cladding temperatures and departure                O1–F21, 11555 Rockville Pike (first                      Those permitted to intervene become
                                                  from nucleate boiling are maintained within             floor), Rockville, Maryland 20852. The                parties to the proceeding, subject to any
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                                                  acceptable limits of the evaluation criteria            NRC’s regulations are accessible                      limitations in the order granting leave to
                                                  with adequate margin. No safety analysis or
                                                                                                          electronically from the NRC Library on                intervene, and have the opportunity to
                                                  design basis acceptance limit/criterion is
                                                  challenged or exceeded by the proposed                  the NRC’s Web site at http://                         participate fully in the conduct of the
                                                  changes, thus no margin of safety is reduced.           www.nrc.gov/reading-rm/doc-                           hearing with respect to resolution of
                                                     Therefore, the proposed amendment does               collections/cfr/. If a petition is filed              that person’s admitted contentions
                                                  not involve a significant reduction in a                within 60 days, the Commission or a                   consistent with the NRC’s regulations,
                                                  margin of safety.                                       presiding officer designated by the                   policies, and procedures.


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                                                                             Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices                                            89519

                                                     Petitions for leave to intervene must                appearance pursuant to the provisions                 NRC’s public Web site at http://
                                                  be filed no later than 60 days from the                 of 10 CFR 2.315(a). A person making a                 www.nrc.gov/site-help/e-submittals/
                                                  date of publication of this notice.                     limited appearance may make an oral or                adjudicatory-sub.html. Participants may
                                                  Requests for hearing, petitions for leave               written statement of position on the                  attempt to use other software not listed
                                                  to intervene, and motions for leave to                  issues, but may not otherwise                         on the Web site, but should note that the
                                                  file new or amended contentions that                    participate in the proceeding. A limited              NRC’s E-Filing system does not support
                                                  are filed after the 60-day deadline will                appearance may be made at any session                 unlisted software, and the NRC
                                                  not be entertained absent a                             of the hearing or at any prehearing                   Electronic Filing Help Desk will not be
                                                  determination by the presiding officer                  conference, subject to the limits and                 able to offer assistance in using unlisted
                                                  that the filing demonstrates good cause                 conditions as may be imposed by the                   software.
                                                  by satisfying the three factors in 10 CFR               presiding officer. Details regarding the                 Once a participant has obtained a
                                                  2.309(c)(1)(i) through (iii).                           opportunity to make a limited                         digital ID certificate and a docket has
                                                     If a hearing is requested, and the                   appearance will be provided by the                    been created, the participant can then
                                                  Commission has not made a final                         presiding officer if such sessions are                submit a petition. Submissions should
                                                  determination on the issue of no                        scheduled.                                            be in Portable Document Format (PDF).
                                                  significant hazards consideration, the                                                                        Additional guidance on PDF
                                                  Commission will make a final                            IV. Electronic Submissions (E-Filing)                 submissions is available on the NRC’s
                                                  determination on the issue of no                           All documents filed in NRC                         public Web site at http://www.nrc.gov/
                                                  significant hazards consideration. The                  adjudicatory proceedings, including a                 site-help/electronic-sub-ref-mat.html. A
                                                  final determination will serve to decide                request for hearing, a petition for leave             filing is considered complete at the time
                                                  when the hearing is held. If the final                  to intervene, any motion or other                     the documents are submitted through
                                                  determination is that the amendment                     document filed in the proceeding prior                the NRC’s E-Filing system. To be timely,
                                                  request involves no significant hazards                 to the submission of a request for                    an electronic filing must be submitted to
                                                  consideration, the Commission may                       hearing or petition to intervene                      the E-Filing system no later than 11:59
                                                  issue the amendment and make it                         (hereinafter ‘‘petition’’), and documents             p.m. Eastern Time on the due date.
                                                  immediately effective, notwithstanding                  filed by interested governmental entities             Upon receipt of a transmission, the E-
                                                  the request for a hearing. Any hearing                  participating under 10 CFR 2.315(c),                  Filing system time-stamps the document
                                                  held would take place after issuance of                 must be filed in accordance with the                  and sends the submitter an email notice
                                                  the amendment. If the final                             NRC’s E-Filing rule (72 FR 49139;                     confirming receipt of the document. The
                                                  determination is that the amendment                     August 28, 2007, as amended at 77 FR                  E-Filing system also distributes an email
                                                  request involves a significant hazards                  46562, August 3, 2012). The E-Filing                  notice that provides access to the
                                                  consideration, then any hearing held                    process requires participants to submit               document to the NRC’s Office of the
                                                  would take place before the issuance of                 and serve all adjudicatory documents                  General Counsel and any others who
                                                  any amendment unless the Commission                     over the internet, or in some cases to                have advised the Office of the Secretary
                                                  finds an imminent danger to the health                  mail copies on electronic storage media.              that they wish to participate in the
                                                  or safety of the public, in which case it               Participants may not submit paper                     proceeding, so that the filer need not
                                                  will issue an appropriate order or rule                 copies of their filings unless they seek              serve the documents on those
                                                  under 10 CFR part 2.                                    an exemption in accordance with the                   participants separately. Therefore,
                                                     A State, local governmental body,                    procedures described below.                           applicants and other participants (or
                                                  Federally-recognized Indian Tribe, or                      To comply with the procedural                      their counsel or representative) must
                                                  agency thereof, may submit a petition to                requirements of E-Filing, at least 10                 apply for and receive a digital ID
                                                  the Commission to participate as a party                days prior to the filing deadline, the                certificate before a hearing petition to
                                                  under 10 CFR 2.309(h)(1).                               participant should contact the Office of              intervene is filed so that they can obtain
                                                     The petition should state the nature                 the Secretary by email at                             access to the document via the E-Filing
                                                  and extent of the petitioner’s interest in              hearing.docket@nrc.gov, or by telephone               system.
                                                  the proceeding. The petition should be                  at 301–415–1677, to request (1) a digital                A person filing electronically using
                                                  submitted to the Commission by                          identification (ID) certificate, which                the NRC’s adjudicatory E-Filing system
                                                  February 10, 2017. The petition must be                 allows the participant (or its counsel or             may seek assistance by contacting the
                                                  filed in accordance with the filing                     representative) to digitally sign                     NRC Electronic Filing Help Desk
                                                  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
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                                                  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


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                                                  89520                                 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

                                                  mail addressed to the Office of the                                           Dated at Rockville, Maryland, this 2nd day                            spouses, minor or disabled children,
                                                  Secretary of the Commission, U.S.                                           of December 2016.                                                       students, and survivors of railroad
                                                  Nuclear Regulatory Commission,                                                For the Nuclear Regulatory Commission.                                employees who (1) initially became
                                                  Washington, DC 20555–0001, Attention:                                       Jennifer Dixon-Herrity,                                                 eligible for Tier I amounts, O/M shares,
                                                  Rulemaking and Adjudications Staff; or                                      Chief, Licensing Branch 4, Division of New                              and Medicare benefits after December
                                                  (2) courier, express mail, or expedited                                     Reactor Licensing, Office of New Reactors.                              31, 1984; (2) are not U.S. citizens or U.S.
                                                  delivery service to the Office of the                                       [FR Doc. 2016–29713 Filed 12–9–16; 8:45 am]                             nationals; and (3) have resided outside
                                                  Secretary, 11555 Rockville Pike,                                            BILLING CODE 7590–01–P                                                  the U.S. for more than six consecutive
                                                  Rockville, Maryland 20852, Attention:                                                                                                               months starting with the annuity
                                                  Rulemaking and Adjudications Staff.                                                                                                                 beginning date. The benefit withholding
                                                  Participants filing a document in this                                      RAILROAD RETIREMENT BOARD                                               provision does not apply, however to a
                                                  manner are responsible for serving the                                                                                                              beneficiary who is exempt under either
                                                  document on all other participants.                                         Agency Forms Submitted for OMB                                          a treaty obligation of the U.S., in effect
                                                  Filing is considered complete by first-                                     Review, Request for Comments                                            on August 1, 1956, or a totalization
                                                  class mail as of the time of deposit in                                                                                                             agreement between the U.S. and the
                                                                                                                                 Summary: In accordance with the
                                                  the mail, or by courier, express mail, or                                   Paperwork Reduction Act of 1995 (44                                     country in which the beneficiary
                                                  expedited delivery service upon                                             U.S.C. Chapter 35), the Railroad                                        resides, or to an individual who is
                                                  depositing the document with the                                            Retirement Board (RRB) is forwarding                                    exempt under other criteria specified in
                                                  provider of the service. A presiding                                        three Information Collection Requests                                   Public Law 98–21.
                                                  officer, having granted an exemption                                        (ICR) to the Office of Information and                                     RRB Form G–45, Supplement to
                                                  request from using E-Filing, may require                                    Regulatory Affairs (OIRA), Office of                                    Claim of Person Outside the United
                                                  a participant or party to use E-Filing if                                   Management and Budget (OMB). Our                                        States, is currently used by the RRB to
                                                  the presiding officer subsequently                                          ICR describes the information we seek                                   determine applicability of the
                                                  determines that the reason for granting                                     to collect from the public. Review and                                  withholding provision of Public Law
                                                  the exemption from use of E-Filing no                                       approval by OIRA ensures that we                                        98–21. Completion of the form is
                                                  longer exists.                                                              impose appropriate paperwork burdens.                                   required to obtain or retain a benefit.
                                                     Documents submitted in adjudicatory                                         The RRB invites comments on the                                      One response is requested of each
                                                  proceedings will appear in the NRC’s                                        proposed collections of information to                                  respondent.
                                                  electronic hearing docket which is                                          determine (1) the practical utility of the                                 Previous Requests for Comments: The
                                                  available to the public at http://ehd1.                                     collections; (2) the accuracy of the                                    RRB has already published the initial
                                                  nrc.gov/ehd/, unless excluded pursuant                                      estimated burden of the collections; (3)                                60-day notice (81 FR 69873 on October
                                                  to an order of the Commission, or the                                       ways to enhance the quality, utility, and                               7, 2016) required by 44 U.S.C.
                                                  presiding officer. Participants are                                         clarity of the information that is the                                  3506(c)(2). That request elicited no
                                                  requested not to include personal                                           subject of collection; and (4) ways to                                  comments.
                                                  privacy information, such as social                                         minimize the burden of collections on                                   Information Collection Request (ICR).
                                                  security numbers, home addresses, or                                        respondents, including the use of
                                                  home phone numbers in their filings,                                        automated collection techniques or                                         Title: Supplement to Claim of Person
                                                  unless an NRC regulation or other law                                       other forms of information technology.                                  Outside the United States.
                                                  requires submission of such                                                 Comments to the RRB or OIRA must                                           OMB Control Number: 3220–0155.
                                                  information. However, in some                                               contain the OMB control number of the                                      Form(s) submitted: G–45.
                                                  instances, a request to intervene will                                      ICR. For proper consideration of your                                      Type of request: Extension without
                                                  require including information on local                                      comments, it is best if the RRB and                                     change of a currently approved
                                                  residence in order to demonstrate a                                         OIRA receive them within 30 days of                                     collection.
                                                  proximity assertion of interest in the                                      the publication date.                                                      Affected public: Individuals or
                                                  proceeding. With respect to copyrighted                                        Title and purpose of information                                     Households.
                                                  works, except for limited excerpts that                                     collection: Supplement to Claim of                                         Abstract: Under Public Law 98–21,
                                                  serve the purpose of the adjudicatory                                       Person Outside the United States; OMB                                   the Tier I or the overall minimum
                                                  filings and would constitute a Fair Use                                     3220–0155.                                                              portion of an annuity and Medicare
                                                  application, participants are requested                                        Under the Social Security                                            benefits payable under the Railroad
                                                  not to include copyrighted materials in                                     Amendments of 1983 (Pub. L. 98–21),                                     Retirement Act to certain beneficiaries
                                                  their submission.                                                           which amends Section 202(t) of the                                      living outside the United States may be
                                                     For further details with respect to this                                 Social Security Act, effective January 1,                               withheld. The collection obtains the
                                                  action, see the application for license                                     1985, the Tier I or the overall minimum                                 information needed by the Railroad
                                                  amendment dated November 4, 2016.                                           (O/M) portion of an annuity, and                                        Retirement Board to implement the
                                                     Attorney for licensee: Mr. M. Stanford                                   Medicare benefits payable under the                                     benefit withholding provisions of Public
                                                  Blanton, Balch & Bingham LLP, 1710                                          Railroad Retirement Act to certain                                      Law 98–21.
                                                  Sixth Avenue North, Birmingham, AL                                          beneficiaries living outside the U.S.,                                     Changes proposed: The RRB proposes
                                                  35203–2015.                                                                 may be withheld. The benefit                                            no changes to Form G–45.
                                                     NRC Branch Chief: Jennifer Dixon-                                        withholding provision of Public Law                                        The burden estimate for the ICR is as
                                                  Herrity.                                                                    98–21 applies to divorced spouses,                                      follows:
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                                                        Annual           Time         Burden
                                                                                                                   Form No.                                                                           responses        (minutes)      (hours)

                                                  G–45 ............................................................................................................................................     100               10             17




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Document Created: 2018-02-14 09:05:49
Document Modified: 2018-02-14 09:05:49
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 application; opportunity to comment, request a hearing, and petition for leave to intervene.
DatesSubmit comments by January 11, 2017. Requests for a hearing or petition for leave to intervene must be filed by February 10, 2017.
ContactRuth C. Reyes, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-000; telephone: 301-415-3249; email: [email protected]
FR Citation81 FR 89516 

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