82 FR 15719 - PSEG Nuclear LLC; Salem Nuclear Generating Station, Unit No. 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 60 (March 30, 2017)

Page Range		15719-15722
FR Document		2017-06307
The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. DPR-75, issued to PSEG Nuclear LLC (PSEG or the licensee) for operation of the Salem Nuclear Generating Station (Salem), Unit No. 2. The amendment would extend the Salem, Unit No. 2, implementation period for Amendment No. 294 from the spring 2017 refueling outage to prior to restart from the fall 2018 refueling outage. Amendment No. 294, which was issued by the NRC staff on April 28, 2016, revised the Salem, Unit No. 2, Technical Specifications in support of replacement of the source range and intermediate range neutron monitoring systems.
Federal Register, Volume 82 Issue 60 (Thursday, March 30, 2017)
[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Notices]
[Pages 15719-15722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06307]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-311 NRC-2017-0082]


PSEG Nuclear LLC; Salem Nuclear Generating Station, Unit No. 2

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Facility Operating License No. DPR-75, 
issued to PSEG Nuclear LLC (PSEG or the licensee) for operation of the 
Salem Nuclear Generating Station (Salem), Unit No. 2. The amendment 
would extend the Salem, Unit No. 2, implementation period for Amendment 
No. 294 from the spring 2017 refueling outage to prior to restart from 
the fall 2018 refueling outage. Amendment No. 294, which was issued by 
the NRC staff on April 28, 2016, revised the Salem, Unit No. 2, 
Technical Specifications in support of replacement of the source range 
and intermediate range neutron monitoring systems.

DATES: Submit comments by May 1, 2017. Requests for a hearing or 
petition for leave to intervene must be filed by May 30, 2017.

ADDRESSES: You may submit comment by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0082. 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 accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Carleen J. Parker, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-1603, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0082 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-2017-0082.
     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 dated March 13, 2017, is available in ADAMS 
under Accession No. ML17072A443.
     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-2017-0082 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    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 No. DPR-75, issued to PSEG for operation of Salem, 
Unit No. 2, located in Salem County, New Jersey.
    The proposed amendment would extend the Salem, Unit No. 2, 
implementation period for Amendment No. 294 from the spring 2017 
refueling outage to prior to restart from the fall 2018 refueling 
outage. Amendment No. 294, which was issued by the NRC staff on April 
28, 2016 (ADAMS Accession No. ML16096A419), revised the Salem, Unit No. 
2, Technical Specifications in support of replacement of the source 
range and intermediate range neutron monitoring systems.
    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. Do the proposed changes involve a significant increase in the 
probability or

[[Page 15720]]

consequences of an accident previously evaluated?
    Response: No.
    The proposed amendment implementation schedule revision is 
administrative in nature and does not require any modifications to 
or change in operation of plant systems or components. The change to 
the amendment implementation period does not increase the 
probability or consequences of an accident previously evaluated in 
the Updated Final Safety Analysis (UFSAR). Current Technical 
Specification (TS) requirements will continue to ensure the plant is 
operated consistent with the UFSAR accident analysis with the 
currently installed source range and intermediate range nuclear 
instrumentation.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed amendment implementation schedule revision is 
administrative in nature. The revision of the amendment 
implementation does not require any physical plant modifications, 
does not alter any plant systems or components, and does not change 
the operation of the plant.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    Margin of safety is related to the confidence in the ability of 
the fission product barriers to perform their intended functions. 
These barriers include the fuel cladding, the reactor coolant system 
pressure boundary, and the containment. The proposed TS change is 
administrative in nature and does not affect any of these barriers. 
Current TS requirements will continue to ensure the plant is 
operated consistent with the UFSAR accident analysis with the 
currently installed source range and intermediate range nuclear 
instrumentation.
    Therefore, the proposed change does not involve a significant 
reduction in the 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 
prevention of either resumption of operation or of increase in power 
output up to the plant's licensed power level. 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 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

[[Page 15721]]

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 May 
30, 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. 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://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

[[Page 15722]]

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. 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.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i)-(iii).
    For further details with respect to this action, see the 
application for license amendment dated March 13, 2017.
    Attorney for licensee: Jeffrie J. Keenan, PSEG Nuclear LLC--N21, 
P.O. Box 236, Hancocks Bridge, New Jersey 08038.
    NRC Branch Chief: James G. Danna.

    Dated at Rockville, Maryland, this 22nd day of March 2017.

    For the Nuclear Regulatory Commission.
James G. Danna,
Chief, Plant Licensing Branch I, Division of Operating Reactor 
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2017-06307 Filed 3-29-17; 8:45 am]
 BILLING CODE 7590-01-P
15720 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices

consequences of an accident previously expiration of 60 days after the date of order which may be entered in the
evaluated? publication of this notice. The proceeding on the petitioner’s interest.
Response: No. Commission may issue the license In accordance with 10 CFR 2.309(f),
The proposed amendment implementation the petition must also set forth the
amendment before expiration of the 60-
schedule revision is administrative in nature
day notice period if the Commission specific contentions which the
and does not require any modifications to or
change in operation of plant systems or concludes the amendment involves no petitioner seeks to have litigated in the
components. The change to the amendment significant hazards consideration. In proceeding. Each contention must
implementation period does not increase the addition, the Commission may issue the consist of a specific statement of the
probability or consequences of an accident amendment prior to the expiration of issue of law or fact to be raised or
previously evaluated in the Updated Final the 30-day comment period if controverted. In addition, the petitioner
Safety Analysis (UFSAR). Current Technical circumstances change during the 30-day must provide a brief explanation of the
Specification (TS) requirements will bases for the contention and a concise
comment period such that failure to act
continue to ensure the plant is operated statement of the alleged facts or expert
consistent with the UFSAR accident analysis in a timely way would result, for
example, in prevention of either opinion which support the contention
with the currently installed source range and
intermediate range nuclear instrumentation. resumption of operation or of increase and on which the petitioner intends to
Therefore, the proposed change does not in power output up to the plant’s rely in proving the contention at the
involve a significant increase in the licensed power level. If the Commission hearing. The petitioner must also
probability or consequences of an accident takes action prior to the expiration of provide references to the specific
previously evaluated. either the comment period or the notice sources and documents on which the
2. Do the proposed changes create the petitioner intends to rely to support its
period, it will publish in the Federal
possibility of a new or different kind of position on the issue. The petition must
accident from any accident previously Register a notice of issuance. If the
Commission makes a final no significant include sufficient information to show
evaluated?
Response: No. hazards consideration determination, that a genuine dispute exists with the
The proposed amendment implementation any hearing will take place after applicant or licensee on a material issue
schedule revision is administrative in nature. issuance. The Commission expects that of law or fact. Contentions must be
The revision of the amendment the need to take this action will occur limited to matters within the scope of
implementation does not require any very infrequently. the proceeding. The contention must be
physical plant modifications, does not alter one which, if proven, would entitle the
any plant systems or components, and does III. Opportunity To Request a Hearing petitioner to relief. A petitioner who
not change the operation of the plant. and Petition for Leave To Intervene fails to satisfy the requirements at 10
Therefore, the proposed change does not CFR 2.309(f) with respect to at least one
create the possibility of a new or different Within 60 days after the date of
kind of accident from any previously publication of this notice, any persons contention will not be permitted to
evaluated. (petitioner) whose interest may be participate as a party.
3. Do the proposed changes involve a Those permitted to intervene become
affected by this action may file a request
significant reduction in a margin of safety? parties to the proceeding, subject to any
for a hearing and petition for leave to
Response: No. limitations in the order granting leave to
intervene (petition) with respect to the intervene. Parties have the opportunity
Margin of safety is related to the
confidence in the ability of the fission action. Petitions shall be filed in to participate fully in the conduct of the
product barriers to perform their intended accordance with the Commission’s hearing with respect to resolution of
functions. These barriers include the fuel ‘‘Agency Rules of Practice and that party’s admitted contentions,
cladding, the reactor coolant system pressure Procedure’’ in 10 CFR part 2. Interested including the opportunity to present
boundary, and the containment. The persons should consult a current copy evidence, consistent with the NRC’s
proposed TS change is administrative in of 10 CFR 2.309. The NRC’s regulations
nature and does not affect any of these regulations, policies, and procedures.
are accessible electronically from the Petitions must be filed no later than
barriers. Current TS requirements will NRC Library on the NRC’s Web site at
continue to ensure the plant is operated 60 days from the date of publication of
http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for
consistent with the UFSAR accident analysis
with the currently installed source range and collections/cfr/. Alternatively, a copy of leave to file new or amended
intermediate range nuclear instrumentation. the regulations is available at the NRC’s contentions that are filed after the
Therefore, the proposed change does not Public Document Room, located at One deadline will not be entertained absent
involve a significant reduction in the margin White Flint North, Room O1–F21, 11555 a determination by the presiding officer
of safety. Rockville Pike (first floor), Rockville, that the filing demonstrates good cause
The NRC staff has reviewed the Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR
licensee’s analysis and, based on this the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition
review, it appears that the three will rule on the petition and, if must be filed in accordance with the
standards of 10 CFR 50.92(c) are appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic
satisfied. Therefore, the NRC staff issued. Submissions (E-Filing)’’ section of this
proposes to determine that the license As required by 10 CFR 2.309(d) the document.
amendment request involves a no petition should specifically explain the If a hearing is requested, and the
significant hazards consideration. reasons why intervention should be Commission has not made a final
The NRC is seeking public comments permitted with particular reference to determination on the issue of no
on this proposed determination that the the following general requirements for significant hazards consideration, the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

license amendment request involves no standing: (1) The name, address, and Commission will make a final
significant hazards consideration. Any telephone number of the petitioner; (2) determination on the issue of no
comments received within 30 days after the nature of the petitioner’s right under significant hazards consideration. The
the date of publication of this notice the Act to be made a party to the final determination will serve to
will be considered in making any final proceeding; (3) the nature and extent of establish when the hearing is held. If the
determination. the petitioner’s property, financial, or final determination is that the
Normally, the Commission will not other interest in the proceeding; and (4) amendment request involves no
issue the amendment until the the possible effect of any decision or significant hazards consideration, the

VerDate Sep<11>2014 19:09 Mar 29, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1
Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices 15721

Commission may issue the amendment 77 FR 46562, August 3, 2012). The E- proceeding, so that the filer need not
and make it immediately effective, Filing process requires participants to serve the document on those
notwithstanding the request for a submit and serve all adjudicatory participants separately. Therefore,
hearing. Any hearing would take place documents over the internet, or in some applicants and other participants (or
after issuance of the amendment. If the cases to mail copies on electronic their counsel or representative) must
final determination is that the storage media. Detailed guidance on apply for and receive a digital ID
amendment request involves a making electronic submissions may be certificate before adjudicatory
significant hazards consideration, then found in the Guidance for Electronic documents are filed so that they can
any hearing held would take place Submissions to the NRC and on the obtain access to the documents via the
before the issuance of the amendment NRC’s Web site at http://www.nrc.gov/ E-Filing system.
unless the Commission finds an site-help/e-submittals.html. Participants A person filing electronically using
imminent danger to the health or safety may not submit paper copies of their the NRC’s adjudicatory E-Filing system
of the public, in which case it will issue filings unless they seek an exemption in may seek assistance by contacting the
an appropriate order or rule under 10 accordance with the procedures NRC’s Electronic Filing Help Desk
CFR part 2. described below. through the ‘‘Contact Us’’ link located
A State, local governmental body, To comply with the procedural on the NRC’s public Web site at http://
Federally-recognized Indian Tribe, or requirements of E-Filing, at least 10 www.nrc.gov/site-help/e-
agency thereof, may submit a petition to days prior to the filing deadline, the submittals.html, by email to
the Commission to participate as a party participant should contact the Office of MSHD.Resource@nrc.gov, or by a toll-
under 10 CFR 2.309(h)(1). The petition the Secretary by email at free call at 1–866–672–7640. The NRC
should state the nature and extent of the hearing.docket@nrc.gov, or by telephone Electronic Filing Help Desk is available
petitioner’s interest in the proceeding. at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern
The petition should be submitted to the identification (ID) certificate, which Time, Monday through Friday,
Commission by May 30, 2017. The allows the participant (or its counsel or excluding government holidays.
petition must be filed in accordance representative) to digitally sign Participants who believe that they
with the filing instructions in the submissions and access the E-Filing have a good cause for not submitting
‘‘Electronic Submissions (E-Filing)’’ system for any proceeding in which it documents electronically must file an
section of this document, and should is participating; and (2) advise the exemption request, in accordance with
meet the requirements for petitions set Secretary that the participant will be 10 CFR 2.302(g), with their initial paper
forth in this section. Alternatively, a submitting a petition or other filing stating why there is good cause for
State, local governmental body, adjudicatory document (even in not filing electronically and requesting
Federally-recognized Indian Tribe, or instances in which the participant, or its authorization to continue to submit
agency thereof may participate as a non- counsel or representative, already holds documents in paper format. Such filings
party 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
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
asabaliauskas on DSK3SPTVN1PROD with NOTICES

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://
interested governmental entities that notice that provides access to the adams.nrc.gov/ehd, unless excluded
request to participate under 10 CFR document to the NRC’s Office of the pursuant to an order of the Commission
2.315(c), must be filed in accordance General Counsel and any others who or the presiding officer. If you do not
with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary have an NRC-issued digital ID certificate
49139; August 28, 2007, as amended at that they wish to participate in the as described above, click cancel when

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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 May 1, 2017. Requests for a hearing or petition for leave to intervene must be filed by May 30, 2017.
Contact		Carleen J. Parker, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1603, email: [email protected]
FR Citation		82 FR 15719