82 FR 14760 - Vogtle Electric Generating Plant, Units 3 and 4

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range		14760-14764
FR Document		2017-05690
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 82 Issue 54 (Wednesday, March 22, 2017)
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14760-14764]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05690]


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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 April 21, 2017. Requests for a hearing or 
petition for leave to intervene must be filed by May 22, 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 14761]]


FOR FURTHER INFORMATION CONTACT: Paul Kallan, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-2809, 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 February 17, 2017, is available in 
ADAMS under Accession No. ML17048A533.
     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.
    The proposed changes would revise the Combined Licenses concerning 
the design details of the Protection and Safety Monitoring System (PMS) 
including the reactor trip system (RTS) and the engineered safety 
feature actuation system (ESFAS), the passive core cooling system 
(PXS), the steam generator blowdown system, and the spent fuel pool 
cooling system (SFS). In addition, revisions are proposed to combined 
license, Appendix A, Technical Specifications. This proposed change 
requires a departure from Tier 1 information in the Westinghouse AP1000 
Design Control Document (DCD), therefore the licensee also requested an 
exemption from the requirements of the Generic DCD Tier 1 in accordance 
with Sec.  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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change to add IRWST [in-containment refueling water 
storage tank] lower narrow range level instruments addresses the 
accuracy required to initiate IRWST containment recirculation 
following a design basis accident in order to mitigate the 
consequences of the accident. The proposed change to add the new 
defense-in-depth refueling cavity and SFS isolation of Low IRWST 
wide range level addresses a seismic or other event resulting in a 
pipe rupture in the nonsafety-related, nonseismic SFS when connected 
to the IRWST that could potentially result in a loss of IRWST 
inventory. Isolation of the SFS from IRWST to mitigate the 
consequences of a design basis accident continues to be implemented 
by the existing containment isolation function, and does not rely on 
the new defense-in-depth refueling cavity and SFS isolation on Low 
IRWST wide range level. The addition of RTS and ESFAS P-9 interlocks 
and blocks does not affect the availability of the actuated 
equipment to perform their design functions to mitigate the 
consequences of an accident. The proposed changes do not involve any 
accident initiating component/system failure or 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 a radioactive material barrier, and 
this activity does not involve the containment of radioactive 
material. Thus, the proposed changes would not adversely affect any 
safety-related accident mitigating function. 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.
    These proposed changes to the PMS design do not have an adverse 
effect on any of the design functions of the affected actuated 
systems. The proposed changes do not affect the support, design, or 
operation of mechanical and fluid systems required to mitigate the 
consequences of an accident. There is no change to plant systems or 
the response of systems to postulated accident conditions. There is 
no change to the predicted radioactive releases due to postulated 
accident conditions. The plant response to previously evaluated 
accidents or external events is not adversely affected, nor do the 
proposed changes create any new accident precursors.
    Therefore, the requested amendment does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes to add IRWST lower narrow range level 
instruments include requirements similar in function and 
qualification to many safety-related instruments already performing 
the affected safety functions as described in the current licensing 
basis to enable the RTS and ESFAS to perform required design 
functions, and are consistent with other Updated Final Safety 
Analysis Report (UFSAR) information. The proposed change to add the 
new defense-in-depth refueling cavity and SFS isolation on Low IRWST 
wide range level addresses a seismic or other event resulting in a 
postulated pipe rupture in the nonsafety-

[[Page 14762]]

related, nonseismic SFS when connected to the IRWST that could 
potentially result in a loss of IRWST inventory. Isolation of the 
SFS from IRWST to mitigate the consequences of a design basis 
accident continues to be implemented by the existing containment 
isolation function, and does not rely on the new defense-in-depth 
refueling cavity and SFS isolation of Low IRWST wide range level. 
The addition of RTS and ESFAS P-9 interlocks and blocks does not 
affect the availability of the actuated equipment to perform their 
design functions to mitigate the consequences of an accident. This 
activity does not allow for a new radioactive material release path, 
result in a new radioactive material barrier failure mode, or create 
a new sequence of events that would result in significant fuel 
cladding failures.
    The proposed changes revise the PMS design. The proposed changes 
do not adversely affect the design requirements for the PMS, or the 
design requirements of associated actuated systems. The proposed 
changes do not adversely affect the design function, support design, 
or operation of mechanical and fluid systems.
    The proposed changes to the PMS do not result in a new failure 
mechanism or introduce any new accident precursors. No design 
function described in the UFSAR is adversely affected by the 
proposed changes.
    Therefore, the requested amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    No safety analysis or design basis acceptance limit or 
acceptance criterion is challenged or exceeded by the proposed 
changes, and no margin of safety is reduced. The proposed change to 
add the new defense-in-depth refueling cavity and SFS isolation on 
Low IRWST wide range level addresses a seismic or other event 
resulting in a postulated pipe rupture in the nonsafety-related, 
nonseismic SFS when connected to the IRWST, maintaining the required 
IRWST inventory and preserving the original margin of safety assumed 
for the PXS and SFS.
    Therefore, the requested 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 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 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,

[[Page 14763]]

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 May 
22, 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's 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 must 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 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 
https://

[[Page 14764]]

adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
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. 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 February 17, 2017.
    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 8th day of March 2017.

    For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2017-05690 Filed 3-21-17; 8:45 am]
 BILLING CODE 7590-01-P
14762 Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices

related, nonseismic SFS when connected to publication of this notice. The In accordance with 10 CFR 2.309(f),
the IRWST that could potentially result in a Commission may issue the license the petition must also set forth the
loss of IRWST inventory. Isolation of the SFS amendment before expiration of the 60- specific contentions which the
from IRWST to mitigate the consequences of petitioner seeks to have litigated in the
day notice period if the Commission
a design basis accident continues to be
implemented by the existing containment concludes the amendment involves no proceeding. Each contention must
isolation function, and does not rely on the significant hazards consideration. In consist of a specific statement of the
new defense-in-depth refueling cavity and addition, the Commission may issue the issue of law or fact to be raised or
SFS isolation of Low IRWST wide range amendment prior to the expiration of controverted. In addition, the petitioner
level. The addition of RTS and ESFAS P–9 the 30-day comment period should must provide a brief explanation of the
interlocks and blocks does not affect the circumstances change during the 30-day bases for the contention and a concise
availability of the actuated equipment to comment period such that failure to act statement of the alleged facts or expert
perform their design functions to mitigate the opinion which support the contention
in a timely way would result, for
consequences of an accident. This activity
example, in derating or shutdown of the and on which the petitioner intends to
does not allow for a new radioactive material
release path, result in a new radioactive facility. Should the Commission take rely in proving the contention at the
material barrier failure mode, or create a new action prior to the expiration of either hearing. The petitioner must also
sequence of events that would result in the comment period or the notice provide references to the specific
significant fuel cladding failures. period, the Commission will publish a sources and documents on which the
The proposed changes revise the PMS notice of issuance in the Federal petitioner intends to rely to support its
design. The proposed changes do not Register. Should the Commission make position on the issue. The petition must
adversely affect the design requirements for include sufficient information to show
a final no significant hazards
the PMS, or the design requirements of that a genuine dispute exists with the
associated actuated systems. The proposed consideration determination, any
hearing will take place after issuance. applicant or licensee on a material issue
changes do not adversely affect the design
function, support design, or operation of The Commission expects that the need of law or fact. Contentions must be
mechanical and fluid systems. to take this action will occur very limited to matters within the scope of
The proposed changes to the PMS do not infrequently. the proceeding. The contention must be
result in a new failure mechanism or one which, if proven, would entitle the
introduce any new accident precursors. No III. Opportunity To Request a Hearing petitioner to relief. A petitioner who
design function described in the UFSAR is and Petition for Leave To Intervene fails to satisfy the requirements at 10
adversely affected by the proposed changes. CFR 2.309(f) with respect to at least one
Therefore, the requested amendment does Within 60 days after the date of
publication of this notice, any persons contention will not be permitted to
not create the possibility of a new or different
(petitioner) whose interest may be participate as a party.
kind of accident from any accident
previously evaluated. affected by this action may file a request Those permitted to intervene become
3. Does the proposed amendment involve for a hearing and petition for leave to parties to the proceeding, subject to any
a significant reduction in a margin of safety? limitations in the order granting leave to
intervene (petition) with respect to the
Response: No. intervene. Parties have the opportunity
action. Petitions shall be filed in
No safety analysis or design basis to participate fully in the conduct of the
acceptance limit or acceptance criterion is
accordance with the Commission’s
hearing with respect to resolution of
challenged or exceeded by the proposed ‘‘Agency Rules of Practice and
that party’s admitted contentions,
changes, and no margin of safety is reduced. Procedure’’ in 10 CFR part 2. Interested
including the opportunity to present
The proposed change to add the new persons should consult a current copy
evidence, consistent with the NRC’s
defense-in-depth refueling cavity and SFS of 10 CFR 2.309. The NRC’s regulations
isolation on Low IRWST wide range level
regulations, policies, and procedures.
are accessible electronically from the Petitions must be filed no later than
addresses a seismic or other event resulting NRC Library on the NRC’s Web site at
in a postulated pipe rupture in the nonsafety- 60 days from the date of publication of
http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for
related, nonseismic SFS when connected to
collections/cfr/. Alternatively, a copy of leave to file new or amended
the IRWST, maintaining the required IRWST
inventory and preserving the original margin the regulations is available at the NRC’s contentions that are filed after the
of safety assumed for the PXS and SFS. Public Document Room, located at One deadline will not be entertained absent
Therefore, the requested amendment does White Flint North, Room O1–F21, 11555 a determination by the presiding officer
not involve a significant reduction in a Rockville Pike (first floor), Rockville, that the filing demonstrates good cause
margin of safety. Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR
The NRC staff has reviewed the the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition
licensee’s analysis and, based on this will rule on the petition and, if must be filed in accordance with the
review, it appears that the three appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic
standards of 10 CFR 50.92(c) are issued. Submissions (E-Filing)’’ section of this
satisfied. Therefore, the NRC staff As required by 10 CFR 2.309(d) the document.
proposes to determine that the license petition should specifically explain the If a hearing is requested, and the
amendment request involves no reasons why intervention should be Commission has not made a final
significant hazards consideration. permitted with particular reference to determination on the issue of no
The NRC is seeking public comments the following general requirements for significant hazards consideration, the
on this proposed determination that the standing: (1) The name, address, and Commission will make a final
license amendment request involves no telephone number of the petitioner; (2) determination on the issue of no
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significant hazards consideration. Any the nature of the petitioner’s right under significant hazards consideration. The
comments received within 30 days after the Act to be made a party to the final determination will serve to
the date of publication of this notice proceeding; (3) the nature and extent of establish when the hearing is held. If the
will be considered in making any final the petitioner’s property, financial, or final determination is that the
determination. other interest in the proceeding; and (4) amendment request involves no
Normally, the Commission will not the possible effect of any decision or significant hazards consideration, the
issue the amendment until the order which may be entered in the Commission may issue the amendment
expiration of 60 days after the date of proceeding on the petitioner’s interest. and make it immediately effective,

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Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices 14763

notwithstanding the request for a interested governmental entities that notice that provides access to the
hearing. Any hearing would take place request to participate under 10 CFR document to the NRC’s Office of the
after issuance of the amendment. If the 2.315(c), must be filed in accordance General Counsel and any others who
final determination is that the with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary
amendment request involves a 49139; August 28, 2007, as amended at that they wish to participate in the
significant hazards consideration, then 77 FR 46562, August 3, 2012). The E- proceeding, so that the filer need not
any hearing held would take place Filing process requires participants to serve the document on those
before the issuance of the amendment submit and serve all adjudicatory participants separately. Therefore,
unless the Commission finds an documents over the internet, or in some applicants and other participants (or
imminent danger to the health or safety cases to mail copies on electronic their counsel or representative) must
of the public, in which case it will issue storage media. Detailed guidance on apply for and receive a digital ID
an appropriate order or rule under 10 making electronic submissions may be certificate before adjudicatory
CFR part 2. found in the Guidance for Electronic documents are filed so that they can
A State, local governmental body, Submissions to the NRC and on the obtain access to the documents via the
Federally-recognized Indian Tribe, or NRC’s Web site at http://www.nrc.gov/ E-Filing system.
agency thereof, may submit a petition to site-help/e-submittals.html. Participants A person filing electronically using
the Commission to participate as a party may not submit paper copies of their the NRC’s adjudicatory E-Filing system
under 10 CFR 2.309(h)(1). The petition filings unless they seek an exemption in may seek assistance by contacting the
should state the nature and extent of the accordance with the procedures NRC’s Electronic Filing Help Desk
petitioner’s interest in the proceeding. described below. through the ‘‘Contact Us’’ link located
The petition should be submitted to the To comply with the procedural on the NRC’s public Web site at http://
Commission by May 22, 2017. The requirements of E-Filing, at least 10 www.nrc.gov/site-help/e-
petition must be filed in accordance days prior to the filing deadline, the submittals.html, by email to
with the filing instructions in the participant should contact the Office of MSHD.Resource@nrc.gov, or by a toll-
‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at free call at 1–866–672–7640. The NRC
section of this document, and should hearing.docket@nrc.gov, or by telephone Electronic Filing Help Desk is available
meet the requirements for petitions set at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern
forth in this section, except that under identification (ID) certificate, which Time, Monday through Friday,
10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or excluding government holidays.
governmental body, or federally representative) to digitally sign Participants who believe that they
recognized Indian Tribe, or agency submissions and access the E-Filing have a good cause for not submitting
thereof does not need to address the system for any proceeding in which it documents electronically must file an
standing requirements in 10 CFR is participating; and (2) advise the exemption request, in accordance with
2.309(d) if the facility is located within Secretary that the participant will be 10 CFR 2.302(g), with their initial paper
its boundaries. Alternatively, a State, submitting a petition or other filing stating why there is good cause for
local governmental body, Federally- adjudicatory document (even in not filing electronically and requesting
recognized Indian Tribe, or agency instances in which the participant, or its authorization to continue to submit
thereof may participate as a non-party counsel or representative, already holds documents in paper format. Such filings
under 10 CFR 2.315(c). an NRC-issued digital ID certificate). must be submitted by: (1) First class
If a hearing is granted, any person Based upon this information, the mail addressed to the Office of the
who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S.
is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission,
a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention:
presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or
a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited
provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the
making a limited appearance may make NRC’s public Web site at http:// Secretary, 11555 Rockville Pike,
an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland, 20852, Attention:
position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff.
otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory
A limited appearance may be made at a docket has been created, the documents in this manner are
any session of the hearing or at any participant can then submit responsible for serving the document on
prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is
limits and conditions as may be must be in Portable Document Format considered complete by first-class mail
imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or
regarding the opportunity to make a submissions is available on the NRC’s by courier, express mail, or expedited
limited appearance will be provided by public Web site at http://www.nrc.gov/ delivery service upon depositing the
the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the
scheduled. filing is considered complete at the time service. A presiding officer, having
the document is submitted through the granted an exemption request from
IV. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant
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All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding
adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the
request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from
leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists.
or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory
proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s
request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is
intervene, and documents filed by E-Filing system also distributes an email available to the public at https://

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Document Created: 2017-03-22 03:59:00
Document Modified: 2017-03-22 03:59:00
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene.
Dates		Submit comments by April 21, 2017. Requests for a hearing or petition for leave to intervene must be filed by May 22, 2017.
Contact		Paul Kallan, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2809, email: [email protected]
FR Citation		82 FR 14760