82 FR 1370 - Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 3 (January 5, 2017)

Page Range		1370-1375
FR Document		2016-31931
The U.S. Nuclear Regulatory Commission (NRC) received and is considering issuance of an amendment to Facility Operating License No. NPF-96, issued to the Tennessee Valley Authority, for operation of the Watts Bar Nuclear Plant (WBN), Unit 2. The proposed amendment would revise the WBN, Unit 2, Cyber Security Plan (CSP) Implementation Schedule for Milestone 8 and would revise the associated license condition in the Facility Operating License. Because the amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation.
Federal Register, Volume 82 Issue 3 (Thursday, January 5, 2017)
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1370-1375]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31931]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-391; NRC-2016-0272]


Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering issuance of an amendment to Facility Operating License No. 
NPF-96, issued to the Tennessee Valley Authority, for operation of the 
Watts Bar Nuclear Plant (WBN), Unit 2. The proposed amendment would 
revise the WBN, Unit 2, Cyber Security Plan (CSP) Implementation 
Schedule for Milestone 8 and would revise the associated license 
condition in the Facility Operating License. Because the amendment 
request contains sensitive unclassified non-safeguards information 
(SUNSI), an order imposes procedures to obtain access to SUNSI for 
contention preparation.

DATES: Comments must be filed by February 6, 2017. A request for a 
hearing must be filed by March 6, 2017. Any potential party as defined 
in Sec.  2.4 of title 10 of the Code of Federal Regulations (10 CFR), 
who believes access to SUNSI is necessary to respond to this notice 
must request document access by January 17, 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-2016-0272. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Robert Schaaf, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-6020; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0272 and facility name, unit 
number(s), plant docket number, application date, and subject when 
contacting the NRC about the availability of information for this 
action. You may obtain publicly-available information related to this 
action by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0272.
     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 
License Amendment Request (WBN-TS-16-04) to Change the Completion Date 
of Cyber Security Plan Implementation Milestone 8 is available in ADAMS 
under Accession No. ML16320A161.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2016-0272 and facility name, unit 
number(s), plant docket number, application date,

[[Page 1371]]

and subject in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. NPF-96, issued to the Tennessee Valley Authority, 
for operation of WBN, Unit 2, located in Rhea County, Tennessee.
    The proposed amendment would revise the WBN, Unit 2, CSP 
Implementation Schedule for Milestone 8 and would revise the associated 
license condition in the Facility Operating License.
    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 Sec.  50.92 of title 10 of the Code of Federal 
Regulations (10 CFR), this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

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

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

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. 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/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under

[[Page 1372]]

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.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in 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 must 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 the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must 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 the requirements at 10 CFR 2.309(f) 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. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    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 establish 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 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 the 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 March 
6, 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. 
Alternatively, a State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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 and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. 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

[[Page 1373]]

the document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's 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 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) first class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents 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 personal phone numbers in their filings, unless an 
NRC regulation or other law requires submission of such information. 
For example, in some instances, individuals provide home addresses in 
order to demonstrate proximity to a facility or site. 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 14, 2016.
    Attorney for licensee: Ms. Sherry A. Quirk, Executive Vice 
President and General Counsel, Tennessee Valley Authority, 400 West 
Summit Hill Drive, Knoxville, Tennessee, 37902.
    NRC Acting Branch Chief: Jeanne D. Johnston.

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request access to SUNSI. A ``potential party'' is any person who 
intends to participate as a party by demonstrating standing and filing 
an admissible contention under 10 CFR 2.309. Requests for access to 
SUNSI submitted later than 10 days after publication of this notice 
will not be considered absent a showing of good cause for the late 
filing, addressing why the request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The expedited delivery or courier mail address for both 
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, 
Rockville, Maryland 20852. The email address for the Office of the 
Secretary and the Office of the General Counsel are 
[email protected] and [email protected], respectively.\1\ The 
request must include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the

[[Page 1374]]

signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 
\2\ setting forth terms and conditions to prevent the unauthorized or 
inadvertent disclosure of SUNSI by each individual who will be granted 
access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an Administrative Law Judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requester may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) The 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if he or 
she is unavailable, another administrative judge, or an Administrative 
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if 
another officer has been designated to rule on information access 
issues, with that officer.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
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    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012) apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI 
request submitted to the NRC staff under these procedures.
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    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. The 
attachment to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 29th day of December, 2016.

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

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

[[Page 1375]]

 
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of opportunity to request a hearing
                            and petition for leave to intervene), the
                            petitioner may file its SUNSI contentions by
                            that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2016-31931 Filed 1-4-17; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices 1371

and subject in your comment consequences of an accident previously license amendment request involves no
submission. evaluated? significant hazards consideration. Any
The NRC cautions you not to include Response: No. comments received within 30 days after
The proposed change revises the CSP the date of publication of this notice
identifying or contact information that Milestone 8 Implementation Schedule. This
you do not want to be publicly change does not alter accident analysis will be considered in making any final
disclosed in your comment submission. assumptions, add any initiators, or affect the determination.
The NRC will post all comment function of plant systems or the manner in Normally, the Commission will not
submissions at http:// which systems are operated, maintained, issue the amendment until the
www.regulations.gov as well as enter the modified, tested, or inspected. The proposed expiration of 60 days after the date of
comment submissions into ADAMS. change is an extension to the completion date publication of this notice. The
The NRC does not routinely edit of implementation Milestone 8, that in itself Commission may issue the license
does not require any plant modifications amendment before expiration of the 60-
comment submissions to remove which affect the performance capability of
identifying or contact information. day notice period if the Commission
the structures, systems, and components
If you are requesting or aggregating relied upon to mitigate the consequences of
concludes the amendment involves no
comments from other persons for postulated accidents and have no impact on significant hazards consideration. In
submission to the NRC, then you should the probability or consequences of an addition, the Commission may issue the
inform those persons not to include accident previously evaluated. amendment prior to the expiration of
identifying or contact information that Therefore, the proposed change does not the 30-day comment period if
they do not want to be publicly involve a significant increase in the circumstances change during the 30-day
probability or consequences of an accident comment period such that failure to act
disclosed in their comment submission. previously evaluated.
Your request should state that the NRC in a timely way would result, for
2. Does the proposed amendment create example, in derating or shutdown of the
does not routinely edit comment the possibility of a new or different kind of
submissions to remove such information accident from any accident previously
facility. If the Commission takes action
before making the comment evaluated? prior to the expiration of either the
submissions available to the public or Response: No. comment period or the notice period, it
entering the comment into ADAMS. The proposed change revises the CSP will publish in the Federal Register a
Implementation Schedule. This proposed notice of issuance. If the Commission
II. Introduction change to extend the completion date of makes a final no significant hazards
implementation Milestone 8 does not alter consideration determination, any
The NRC is considering issuance of an accident analysis assumptions, add any
amendment to Facility Operating hearing will take place after issuance.
initiators, or affect the function of plant The Commission expects that the need
License No. NPF–96, issued to the systems or the manner in which systems are
Tennessee Valley Authority, for operated, maintained, modified, tested, or
to take this action will occur very
operation of WBN, Unit 2, located in inspected. The proposed change does not infrequently.
Rhea County, Tennessee. require any plant modifications which affect III. Opportunity To Request a Hearing
The proposed amendment would the performance capability of the structures, and Petition for Leave To Intervene
revise the WBN, Unit 2, CSP systems and components relied upon to
mitigate the consequences of postulated Within 60 days after the date of
Implementation Schedule for Milestone accidents. This change also does not create publication of this notice, any persons
8 and would revise the associated the possibility of a new or different kind of (petitioner) whose interest may be
license condition in the Facility accident from any accident previously affected by this action may file a request
Operating License. evaluated. for a hearing and petition for leave to
Before any issuance of the proposed Therefore, the proposed change does not
intervene (petition) with respect to the
license amendment, the NRC will need create the possibility of a new or different
kind of accident from any accident action. Petitions shall be filed in
to make the findings required by the accordance with the Commission’s
Atomic Energy Act of 1954, as amended previously evaluated.
3. Does the proposed amendment involve ‘‘Agency Rules of Practice and
(the Act), and NRC’s regulations. a significant reduction in a margin of safety? Procedure’’ in 10 CFR part 2. Interested
The NRC has made a proposed Response: No. persons should consult a current copy
determination that the license Plant safety margins are established of 10 CFR 2.309. The NRC’s regulations
amendment request involves no through limiting conditions for operation, are accessible electronically from the
significant hazards consideration. Under limiting safety system settings, and safety NRC Library on the NRC’s Web site at
the NRC’s regulations in § 50.92 of title limits specified in the technical
http://www.nrc.gov/reading-rm/doc-
10 of the Code of Federal Regulations specifications. The proposed change extends
the CSP Implementation Schedule. Because collections/cfr/. Alternatively, a copy of
(10 CFR), this means that operation of the regulations is available at the NRC’s
there is no change to these established safety
the facility in accordance with the margins as result of this change, the proposed Public Document Room, located at One
proposed amendment would not (1) change does not involve a significant White Flint North, Room O1–F21, 11555
involve a significant increase in the reduction in a margin of safety. Rockville Pike (first floor), Rockville,
probability or consequences of an Therefore, the proposed change does not Maryland 20852. If a petition is filed,
accident previously evaluated; or (2) involve a significant reduction in a margin of the Commission or a presiding officer
create the possibility of a new or safety. will rule on the petition and, if
different kind of accident from any The NRC staff has reviewed the appropriate, a notice of a hearing will be
accident previously evaluated; or (3) licensee’s analysis and, based on this issued.
involve a significant reduction in a review, it appears that the three As required by 10 CFR 2.309(d) the
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margin of safety. As required by 10 CFR standards of 10 CFR 50.92(c) are petition should specifically explain the
50.91(a), the licensee has provided its satisfied. Therefore, the NRC staff reasons why intervention should be
analysis of the issue of no significant proposes to determine that the license permitted with particular reference to
hazards consideration, which is amendment request involves a no the following general requirements for
presented below: significant hazards consideration. standing: (1) The name, address, and
1. Does the proposed amendment involve The NRC is seeking public comments telephone number of the petitioner; (2)
a significant increase in the probability or on this proposed determination that the the nature of the petitioner’s right under

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1372 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices

the Act to be made a party to the final determination will serve to IV. Electronic Submissions (E-Filing)
proceeding; (3) the nature and extent of establish when the hearing is held. If the All documents filed in NRC
the petitioner’s property, financial, or final determination is that the adjudicatory proceedings, including a
other interest in the proceeding; and (4) amendment request involves no request for hearing and petition for
the possible effect of any decision or significant hazards consideration, the leave to intervene (petition), any motion
order which may be entered in the Commission may issue the amendment or other document filed in the
proceeding on the petitioner’s interest. and make it immediately effective, proceeding prior to the submission of a
In accordance with 10 CFR 2.309(f), notwithstanding the request for a request for hearing or petition to
the petition must also set forth the hearing. Any hearing would take place intervene, and documents filed by
specific contentions which the after issuance of the amendment. If the interested governmental entities that
petitioner seeks to have litigated in the
final determination is that the request to participate under 10 CFR
proceeding. Each contention must
amendment request involves a 2.315(c), must be filed in accordance
consist of a specific statement of the
significant hazards consideration, then with the NRC’s E-Filing rule (72 FR
issue of law or fact to be raised or
any hearing held would take place 49139; August 28, 2007, as amended at
controverted. In addition, the petitioner
before the issuance of the amendment 77 FR 46562; August 3, 2012). The E-
must provide a brief explanation of the
unless the Commission finds an Filing process requires participants to
bases for the contention and a concise
imminent danger to the health or safety submit and serve all adjudicatory
statement of the alleged facts or expert
opinion which support the contention of the public, in which case it will issue documents over the internet, or in some
and on which the petitioner intends to an appropriate order or rule under 10 cases to mail copies on electronic
rely in proving the contention at the CFR part 2. storage media. Detailed guidance on
hearing. The petitioner must also making electronic submissions may be
A State, local governmental body, found in the Guidance for Electronic
provide references to the specific Federally-recognized Indian Tribe, or
sources and documents on which the Submissions to the NRC and on the NRC
agency thereof, may submit a petition to Web site at http://www.nrc.gov/site-
petitioner intends to rely to support its the Commission to participate as a party
position on the issue. The petition must help/e-submittals.html. Participants
under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their
include sufficient information to show should state the nature and extent of the
that a genuine dispute exists with the filings unless they seek an exemption in
petitioner’s interest in the proceeding. accordance with the procedures
applicant or licensee on a material issue The petition should be submitted to the
of law or fact. Contentions must be described below.
Commission by March 6, 2017. The To comply with the procedural
limited to matters within the scope of
petition must be filed in accordance requirements of E-Filing, at least 10
the proceeding. The contention must be
one which, if proven, would entitle the with the filing instructions in the days prior to the filing deadline, the
petitioner to relief. A petitioner who ‘‘Electronic Submissions (E-Filing)’’ participant should contact the Office of
fails to satisfy the requirements at 10 section of this document, and should the Secretary by email at
CFR 2.309(f) with respect to at least one meet the requirements for petitions set hearing.docket@nrc.gov, or by telephone
contention will not be permitted to forth in this section, except that under at 301–415–1677, to (1) request a digital
participate as a party. 10 CFR 2.309(h)(2) a State, local identification (ID) certificate, which
Those permitted to intervene become governmental body, or Federally- allows the participant (or its counsel or
parties to the proceeding, subject to any recognized Indian Tribe, or agency representative) to digitally sign
limitations in the order granting leave to thereof does not need to address the submissions and access the E-Filing
intervene. Parties have the opportunity standing requirements in 10 CFR system for any proceeding in which it
to participate fully in the conduct of the 2.309(d) if the facility is located within is participating; and (2) advise the
hearing with respect to resolution of its boundaries. Alternatively, a State, Secretary that the participant will be
that party’s admitted contentions, local governmental body, Federally- submitting a petition or other
including the opportunity to present recognized Indian Tribe, or agency adjudicatory document (even in
evidence, consistent with the NRC’s thereof may participate as a non-party instances in which the participant, or its
regulations, policies, and procedures. under 10 CFR 2.315(c). counsel or representative, already holds
Petitions must be filed no later than an NRC-issued digital ID certificate).
If a hearing is granted, any person Based upon this information, the
60 days from the date of publication of
who is not a party to the proceeding and Secretary will establish an electronic
this notice. Petitions and motions for
leave to file new or amended is not affiliated with or represented by docket for the hearing in this proceeding
contentions that are filed after the a party may, at the discretion of the if the Secretary has not already
deadline will not be entertained absent presiding officer, be permitted to make established an electronic docket.
a determination by the presiding officer a limited appearance pursuant to the Information about applying for a
that the filing demonstrates good cause provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the
by satisfying the three factors in 10 CFR making a limited appearance may make NRC’s public Web site at http://
2.309(c)(1)(i) through (iii). The petition an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/
must be filed in accordance with the position on the issues but may not getting-started.html. Once a participant
filing instructions in the ‘‘Electronic otherwise participate in the proceeding. has obtained a digital ID certificate and
Submissions (E-Filing)’’ section of this A limited appearance may be made at a docket has been created, the
document. any session of the hearing or at any participant can then submit
mstockstill on DSK3G9T082PROD with NOTICES

If a hearing is requested, and the prehearing conference, subject to the adjudicatory documents. Submissions
Commission has not made a final limits and conditions as may be should be in Portable Document Format
determination on the issue of no imposed by the presiding officer. Details (PDF). Additional guidance on PDF
significant hazards consideration, the regarding the opportunity to make a submissions is available on the NRC’s
Commission will make a final limited appearance will be provided by public Web site at http://www.nrc.gov/
determination on the issue of no the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A
significant hazards consideration. The scheduled. filing is considered complete at the time

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1374 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices

signing of a Non-Disclosure Agreement The presiding officer designated in this If challenges to the NRC staff
or Affidavit, or Protective Order 2 setting proceeding; (b) if no presiding officer determinations are filed, these
forth terms and conditions to prevent has been appointed, the Chief procedures give way to the normal
the unauthorized or inadvertent Administrative Judge, or if he or she is process for litigating disputes
disclosure of SUNSI by each individual unavailable, another administrative concerning access to information. The
who will be granted access to SUNSI. judge, or an Administrative Law Judge availability of interlocutory review by
F. Filing of Contentions. Any with jurisdiction pursuant to 10 CFR the Commission of orders ruling on
contentions in these proceedings that 2.318(a); or (c) if another officer has such NRC staff determinations (whether
are based upon the information received been designated to rule on information granting or denying access) is governed
as a result of the request made for access issues, with that officer. by 10 CFR 2.311.3
SUNSI must be filed by the requestor no (3) Further appeals of decisions under I. The Commission expects that the
later than 25 days after receipt of (or this paragraph must be made pursuant NRC staff and presiding officers (and
access to) that information. However, if to 10 CFR 2.311. any other reviewing officers) will
more than 25 days remain between the
H. Review of Grants of Access. A consider and resolve requests for access
petitioner’s receipt of (or access to) the
party other than the requester may to SUNSI, and motions for protective
information and the deadline for filing
challenge an NRC staff determination orders, in a timely fashion in order to
all other contentions (as established in
the notice of hearing or opportunity for granting access to SUNSI whose release minimize any unnecessary delays in
hearing), the petitioner may file its would harm that party’s interest identifying those petitioners who have
SUNSI contentions by that later independent of the proceeding. Such a standing and who have propounded
deadline. challenge must be filed within 5 days of contentions meeting the specificity and
G. Review of Denials of Access. the notification by the NRC staff of its basis requirements in 10 CFR part 2.
(1) If the request for access to SUNSI grant of access and must be filed with: The attachment to this Order
is denied by the NRC staff after a (a) The presiding officer designated in summarizes the general target schedule
determination on standing and requisite this proceeding; (b) if no presiding for processing and resolving requests
need, the NRC staff shall immediately officer has been appointed, the Chief under these procedures.
notify the requestor in writing, briefly Administrative Judge, or if he or she is It is so ordered.
stating the reason or reasons for the unavailable, another administrative
judge, or an Administrative Law Judge Dated at Rockville, Maryland, this 29th day
denial. of December, 2016.
(2) The requester may challenge the with jurisdiction pursuant to 10 CFR
NRC staff’s adverse determination by 2.318(a); or (c) if another officer has For the Nuclear Regulatory Commission.
filing a challenge within 5 days of been designated to rule on information Annette L. Vietti-Cook,
receipt of that determination with: (a) access issues, with that officer. Secretary of the Commission.

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

0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-
structions for access requests.
10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-
forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
essing (preparation of redactions or review of redacted documents).
25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
mstockstill on DSK3G9T082PROD with NOTICES

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
tive order.

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

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Document Created: 2018-02-01 14:51:06
Document Modified: 2018-02-01 14:51:06
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
Dates		Comments must be filed by February 6, 2017. A request for a hearing must be filed by March 6, 2017. Any potential party as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by January 17, 2017.
Contact		Robert Schaaf, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-6020; email: [email protected]
FR Citation		82 FR 1370