82_FR_20576 82 FR 20493 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

82 FR 20493 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 83 (May 2, 2017)

Page Range20493-20500
FR Document2017-08896

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of three amendment requests. The amendment requests are for Duke Energy Progress, LLC, Shearon Harris Nuclear Power Plant, Unit 1, and H. B. Robinson Steam Electric Plant Unit No. 2; Exelon Generation Company, LLC and PSEG Nuclear LLC, Peach Bottom Atomic Power Station, Units 2 and 3; and South Carolina Electric & Gas Company and South Carolina Public Service Authority, Virgil C. Summer Nuclear Station, Units 2 and 3. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. Because each amendment request contains sensitive unclassified non-safeguards information (SUNSI) an order imposes procedures to obtain access to SUNSI for contention preparation.

Federal Register, Volume 82 Issue 83 (Tuesday, May 2, 2017)
[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Notices]
[Pages 20493-20500]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08896]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0100]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations and Containing Sensitive Unclassified Non-Safeguards 
Information and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of three amendment requests. The amendment 
requests are for Duke Energy Progress, LLC, Shearon Harris Nuclear 
Power Plant, Unit 1, and H. B. Robinson Steam Electric Plant Unit No. 
2; Exelon Generation Company, LLC and PSEG Nuclear LLC, Peach Bottom 
Atomic Power Station, Units 2 and 3; and South Carolina Electric & Gas 
Company and South Carolina Public Service Authority, Virgil C. Summer 
Nuclear Station, Units 2 and 3. For each amendment request, the NRC 
proposes to determine that they involve no significant hazards 
consideration. Because each amendment request contains sensitive 
unclassified non-safeguards information (SUNSI) an order imposes 
procedures to obtain access to SUNSI for contention preparation.

DATES: Comments must be filed by June 1, 2017. A request for a hearing 
must be filed by July 3, 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 May 12, 2017.

ADDRESSES: You may submit comments 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-2017-0100. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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: TWFN-8-D36, 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: Lynn Ronewicz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1927; email: Lynn.Ronewicz@nrc.gov.

SUPPLEMENTARY INFORMATION:

[[Page 20494]]

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0100, 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-2017-0100.
     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 pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2017-0100, facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes notices of amendments containing SUNSI.

III. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, 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. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment 
period such that failure to act in a timely way would result, for 
example, in derating or shutdown of the facility. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish a notice of issuance in the Federal 
Register. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and 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 that 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

[[Page 20495]]

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 July 
3, 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.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition, any motion or other document filed in 
the proceeding prior to the submission of a request for hearing or 
petition, 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 hearing.docket@nrc.gov, 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.

[[Page 20496]]

    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 MSHD.Resource@nrc.gov, 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 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.

Duke Energy Progress, LLC, Docket No. 50-400, Shearon Harris Nuclear 
Power Plant, Unit 1 (HNP), Wake and Chatham Counties, North Carolina

Duke Energy Progress, LLC, Docket No. 50-261, H. B. Robinson Steam 
Electric Plant Unit No. 2 (RNP), Darlington County, South Carolina

    Date of amendment request: November 19, 2015, as supplemented by 
letters dated October 3, 2016, and November 10, 2016. Publicly-
available versions are in ADAMS under Accession Nos. ML15323A351, 
ML16278A080, and ML16315A286.
    Description of amendment request: The amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The NRC 
staff previously made a proposed determination that the license 
amendment request dated November 19, 2015, involves no significant 
hazards consideration (81 FR 19645; April 5, 2016). Subsequently, by 
letter dated October 3, 2016, the licensee provided additional 
information that expanded the scope of the amendment request as 
originally noticed. Accordingly, this notice supersedes the previous 
notice in its entirety. The amendment requests plant-specific review 
and approval of reactor core design methodology reports DPC-NE-3008-P, 
Revision 0, ``Thermal-Hydraulic Models for Transient Analysis,'' and 
DPC-NE-3009-P, Revision 0, ``FSAR/UFSAR [Final Safety Analysis Report/
Updated Final Safety Analysis Report] Chapter 15 Transient Analysis 
Methodology,'' for adoption into the HNP and RNP Technical 
Specifications. In the supplement dated October 3, 2016, the licensee 
added the request for the review and approval of DPC-NE-3009-P, 
Revision 0.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes request review and approval of DPC-NE-3008-
P, Revision 0, ``Thermal-Hydraulic Models for Transient Analysis,'' 
and DPC-NE-3009-P, Revision 0, ``FSAR/UFSAR Chapter 15 Transient 
Analysis Methodology'' to be applied to Shearon Harris Nuclear Power 
Plant (HNP) and H. B. Robinson Steam Electric Plant (RNP). The 
benchmark calculations performed confirm the accuracy of the codes 
and models. The proposed use of this methodology does not affect the 
performance of any equipment used to mitigate the consequences of an 
analyzed accident. There is no impact on the source term or pathways 
assumed in accidents previously assumed. No analysis assumptions are 
violated and there are no adverse effects on the factors that 
contribute to offsite or onsite dose as the result of an accident.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed changes request review and approval of DPC-NE-3008-
P, Revision 0, ``Thermal-Hydraulic Models for Transient Analysis,'' 
and DPC-NE-3009-P, Revision 0, ``FSAR/UFSAR Chapter 15 Transient 
Analysis Methodology'' to be applied to Shearon Harris Nuclear Power 
Plant (HNP) and H. B. Robinson Steam Electric Plant (RNP). It does 
not change any system functions or maintenance activities. The 
change does not physically alter the plant, that is, no new or 
different type of equipment will be installed. The software is not 
installed in any plant equipment, and therefore the software is 
incapable of initiating an equipment malfunction that would result 
in a new or different type of accident from any previously 
evaluated. The proposed methodology and safety analysis assumptions 
ensure that the core will operate within safe limits. This change 
does not create new failure modes or mechanisms which are not 
identifiable during testing, and no new accident precursors are 
generated.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Margin of safety is related to the confidence in the ability of 
the fission product barriers to perform their design functions 
during and following an accident. These barriers include the fuel 
cladding, the reactor coolant system, and the containment system. 
The proposed changes request review and approval of DPC-NE-3008-P, 
Revision 0, ``Thermal-Hydraulic Models for Transient Analysis,'' and 
DPC-NE-3009-P, Revision 0, ``FSAR/UFSAR Chapter 15 Transient 
Analysis Methodology'' to be applied to Shearon Harris Nuclear Power 
Plant (HNP)

[[Page 20497]]

and H. B. Robinson Steam Electric Plant (RNP). As a portion of the 
overall Duke Energy methodology for cycle reload safety analyses, 
DPC-NE-3008-P will be used in thermal-hydraulic transient analyses 
and DPC-NE-3009-P will support the performance of FSAR/UFSAR Chapter 
15 transient analysis. As with the existing methodologies, the Duke 
Energy methodologies will continue to ensure (a) the acceptability 
of analytical limits under normal, transient, and accident 
conditions, and (b) that all applicable design and safety limits are 
satisfied such that the fission product barriers will continue to 
perform their design functions.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Kathryn B. Nolan, Deputy General Counsel, 
Duke Energy Corporation, 550 South Tyron Street, Mail Code DEC45A, 
Charlotte, NC 28202.
    NRC Branch Chief: Benjamin G. Beasley.

Exelon Generation Company, LLC and PSEG Nuclear LLC, Docket Nos. 50-277 
and 50-278, Peach Bottom Atomic Power Station, Units 2 and 3, York and 
Lancaster Counties, Pennsylvania

    Date of amendment request: February 17, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17048A444.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the Renewed Facility Operating Licenses and 
Technical Specifications to implement a measurement uncertainty 
recapture power uprate. Specifically, the amendment would authorize an 
increase in the maximum licensed thermal power level from 3,951 
megawatts thermal (MWt) to 4,016 MWt, which is an increase of 
approximately 1.66 percent.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No, the proposed increase in power level does not 
significantly increase the probability or consequences of an 
accident previously evaluated.
    The proposed changes do not affect system design or operation 
and thus do not create any new accident initiators or increase the 
probability of an accident previously evaluated. All accident 
mitigation systems will function as designed, and all performance 
requirements for these systems have been evaluated and were found 
acceptable.
    The Nuclear Steam Supply System (NSSS) components (e.g., reactor 
vessel, reactor internals, control rod drive housings, piping and 
supports, and recirculation pumps) remain within their applicable 
structural limits and will continue to perform their intended design 
functions during normal and accident conditions. Thus, there is no 
increase in the probability of a structural failure of these 
components.
    The balance of plant systems and components continue to meet 
their applicable structural limits and will continue to perform 
their intended design functions. Thus, there is no increase in the 
probability of a failure of these components. The safety relief 
valves and containment isolation valves meet design sizing 
requirements at the uprated power level. Because the integrity of 
the plant will not be affected by operation at the uprated 
condition, EGC [Exelon Generation Company] has concluded that all 
structures, systems, and components required to mitigate a transient 
remain capable of fulfilling their intended functions.
    All safety analyses have either been performed at 102% of 
Current Licensed Thermal Power (CLTP) and therefore bound the 
proposed uprate or have been subject to plant-specific analyses at a 
power level equal to or greater than the proposed uprate. The 
results demonstrate that acceptance criteria of the applicable 
analyses continue to be met at the uprated conditions. The analyses 
performed to assess the effects of mass and energy releases remain 
valid. The source terms used to assess radiological consequences 
have been reviewed and determined to bound operation at the uprated 
condition.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No, the proposed increase in power level does not 
create the possibility of a new or different kind of accident from 
any accident previously evaluated.
    No new accident scenarios, failure mechanisms, or limiting 
single failures are introduced as a result of the proposed changes. 
All systems, structures, and components previously required for the 
mitigation of a transient remain capable of fulfilling their 
intended design functions. The proposed changes have no adverse 
effects on any safety-related system or component and do not 
challenge the performance or integrity of any safety-related system. 
No new equipment or procedure changes are involved that could add 
new accident initiators.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No, the proposed increase in power level does not 
involve a significant reduction in a margin of safety.
    Operation at the uprated power condition does not involve a 
significant reduction in a margin of safety. Analyses of the primary 
fission product barriers have concluded that relevant design 
criteria remain satisfied, both from the standpoint of the integrity 
of the primary fission product barrier, and from the standpoint of 
compliance with the required acceptance criteria. As appropriate, 
all evaluations have been performed using methods that have either 
been reviewed or approved by the Nuclear Regulatory Commission, or 
that are in compliance with regulatory review guidance and 
standards.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Generation Company, LLC, 4300 Winfield Rd., Warrenville, IL 
60555.
    NRC Branch Chief: James G. Danna.

South Carolina Electric & Gas Company and South Carolina Public Service 
Authority, Docket Nos. 52-027 and 52-028, Virgil C. Summer Nuclear 
Station, Units 2 and 3, Fairfield County, South Carolina

    Date of amendment request: October 27, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16301A385.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment request proposes a change to Updated Final Safety Analysis 
Report (UFSAR) Tier 2* information to specify the supplemental 
requirement of American Institute of Steel Construction (AISC) N690-
1994, ``American National Standard Specification for the Design, 
Fabrication, and Erection of Steel Safety-Related Structures for 
Nuclear Facilities'' (AISC N690-1994), Section Q1.26.2.2, ``Partial-
Penetration Welds,'' for the demonstration of sufficient strength and 
quality of the carbon steel embedment plate coupler welds to be

[[Page 20498]]

credited as justification for the determination that the installed 
coupler welds are capable of performing their intended design function. 
The requested amendment proposes a change to Tier 2* information. This 
submittal requests approval of the license amendment necessary to 
implement these changes.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of partial joint penetrate on (PJP) welds 
with fillet weld reinforcement joining weldable couplers to carbon 
steel embedment plates as being able to perform their intended 
design function in lieu of satisfying the American Institute of 
Steel Construction (AISC) N690-1994, Section Q1.26.2.2 requirement 
for non-destructive examination (NDE) on 10 percent weld 
populations. The proposed change does not affect the operation of 
any systems or equipment that initiate an analyzed accident or alter 
any structures, systems, and components (SSCs) accident initiator or 
initiating sequence of events.
    The change has no adverse effect on the design function of the 
mechanical couplers or the SSCs to which the mechanical couplers are 
welded. The probabilities of the accidents evaluated in the Updated 
Final Safety Analysis Report (UFSAR) are not affected. The change 
does not impact the support, design, or operation of mechanical or 
fluid systems. The change does not impact the support, design, or 
operation of any safety-related structures. There is no change to 
plant systems or the response of systems to postulated accident 
conditions. There is no change to the predicted radioactive releases 
due to normal operation or postulated accident conditions. The plant 
response to previously evaluated accidents or external events is not 
adversely affected, nor does the proposed change create any new 
accident precursors.
    Therefore, the 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 change describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of PJP welds with fillet weld reinforcement 
joining weldable couplers to carbon steel embedment plates as being 
able to perform their design function in lieu of satisfying the AISC 
N690-1994, Section Q1.26.2.2 requirement for non-destructive 
examination on 10 percent weld populations. The proposed change does 
not affect the operation of any systems or equipment that may 
initiate a new or different kind of accident, or alter any SSC such 
that a new accident initiator or initiating sequence of events is 
created.
    The proposed change does not adversely affect the design 
function of the mechanical couplers, the structures in which the 
couplers are used, or any other SSC design functions or methods of 
operation in a manner that results in a new failure mode, 
malfunction, or sequence of events that affect safety-related or 
nonsafety-related equipment. This activity does not allow for a new 
fission product release path, result in a new fission product 
barrier failure mode, or create a new sequence of events that result 
in significant fuel cladding failures.
    Therefore, the 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.
    The proposed change describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of PJP welds with fillet weld reinforcement 
joining weldable couplers to carbon steel embedment plates as being 
able to perform their design function in lieu of satisfying the AISC 
N690-1994, Section Q1.26.2.2 requirement for non-destructive 
examination on 10 percent weld populations. The proposed change 
satisfies the same design functions in accordance with the same 
codes and standards as stated in the UFSAR. This change does not 
adversely affect compliance with any design code, function, design 
analysis, safety analysis input or result, or design/safety margin. 
No safety analysis or design basis acceptance limit/criterion is 
challenged or exceeded by the proposed changes, and no margin of 
safety is reduced.
    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 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Ms. Kathryn M. Sutton, Morgan, Lewis & 
Bockius, LLC, 1111 Pennsylvania Ave. NW., Washington, DC 20004-2514.
    NRC Branch Chief: Jennifer Dixon-Herrity.

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

Duke Energy Progress, LLC, Docket No. 50-400, Shearon Harris Nuclear 
Power Plant, Unit 1 (HNP), Wake and Chatham Counties, North Carolina

Exelon Generation Company, LLC and PSEG Nuclear LLC, Docket Nos. 50-277 
and 50-278, Peach Bottom Atomic Power Station, Units 2 and 3, York and 
Lancaster Counties, Pennsylvania

South Carolina Electric & Gas Company and South Carolina Public Service 
Authority, Docket Nos. 52-027 and 52-028, Virgil C. Summer Nuclear 
Station, Units 2 and 3, Fairfield County, South Carolina

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing 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 
Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively.\1\

[[Page 20499]]

The request must include the following information:
---------------------------------------------------------------------------

    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
---------------------------------------------------------------------------

    \2\ Any Motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge, if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    F. 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 27th day of April, 2017.

    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).

[[Page 20500]]

 
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requester of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            petitioner/requester to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt + 30) If NRC staff finds standing
                            and need for SUNSI, deadline for NRC staff
                            to complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of 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. 2017-08896 Filed 5-1-17; 8:45 am]
BILLING CODE 7590-01-P



                                                                                Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices                                               20493

                                                   For the Nuclear Regulatory Commission.               the NRC take action with regard to the                considering approval of three
                                                James G. Danna,                                         U.S. Army Installation Command                        amendment requests. The amendment
                                                Chief, Plant Licensing Branch I, Division of            (ADAMS Accession No. ML17110A308).                    requests are for Duke Energy Progress,
                                                Operating Reactor Licensing, Office of                  The petitioner requested that the NRC                 LLC, Shearon Harris Nuclear Power
                                                Nuclear Reactor Regulation.                             reconsider its approval of License SUC–               Plant, Unit 1, and H. B. Robinson Steam
                                                [FR Doc. 2017–08842 Filed 5–1–17; 8:45 am]              1593 (ADAMS Accession No.                             Electric Plant Unit No. 2; Exelon
                                                BILLING CODE 7590–01–P
                                                                                                        ML16343A161) for possession of                        Generation Company, LLC and PSEG
                                                                                                        depleted uranium at various military                  Nuclear LLC, Peach Bottom Atomic
                                                                                                        installations in the United States.                   Power Station, Units 2 and 3; and South
                                                NUCLEAR REGULATORY                                        As the basis for this request, the                  Carolina Electric & Gas Company and
                                                COMMISSION                                              petitioner identified concerns about lack             South Carolina Public Service
                                                                                                        of air sampling, inappropriateness of the             Authority, Virgil C. Summer Nuclear
                                                [Docket No. 40–9083; NRC–2017–0106]
                                                                                                        location and number of sediment                       Station, Units 2 and 3. For each
                                                U.S. Army Installation Command                          samples, and insufficient geologic                    amendment request, the NRC proposes
                                                                                                        sampling procedures for sediment                      to determine that they involve no
                                                AGENCY:  Nuclear Regulatory                             collection for the licensed depleted                  significant hazards consideration.
                                                Commission.                                             uranium that is located in radiation                  Because each amendment request
                                                ACTION: 10 CFR 2.206 request; receipt.                  controlled areas on the United States                 contains sensitive unclassified non-
                                                                                                        Army’s Pohakuloa Training Area, one of                safeguards information (SUNSI) an
                                                SUMMARY:   The U.S. Nuclear Regulatory                  the facilities licensed under License                 order imposes procedures to obtain
                                                Commission (NRC) is giving notice that                  SUC–1593.                                             access to SUNSI for contention
                                                by petition dated March 16, 2017, Dr.                     The request is being treated pursuant
                                                Michael Reimer (the petitioner) has                                                                           preparation.
                                                                                                        to section 2.206 of Title 10 of the Code
                                                requested that the NRC take action with                 of Federal Regulations (10 CFR) of the                DATES:  Comments must be filed by June
                                                regard to facilities licensed under source              Commission’s regulations. The request                 1, 2017. A request for a hearing must be
                                                materials license SUC–1593. The                         has been referred to the Director of                  filed by July 3, 2017. Any potential
                                                petitioner’s requests are included in the               Nuclear Material Safety and Safeguards.               party as defined in § 2.4 of title 10 of the
                                                SUPPLEMENTARY INFORMATION section of                    As provided by 10 CFR 2.206,                          Code of Federal Regulations (10 CFR),
                                                this document.                                          appropriate action will be taken on this              who believes access to SUNSI is
                                                ADDRESSES: Please refer to Docket ID                    petition within a reasonable time.                    necessary to respond to this notice must
                                                NRC–2017–0106 when contacting the                         Dated at Rockville, Maryland, this 21st day         request document access by May 12,
                                                NRC about the availability of                           of April 2017.                                        2017.
                                                information regarding this document.                      For the Nuclear Regulatory Commission.
                                                You may obtain publicly-available                                                                             ADDRESSES:   You may submit comments
                                                                                                        Theodore Smith,                                       by any of the following methods (unless
                                                information related to this document
                                                using any of the following methods:                     Acting Branch Chief, Materials                        this document describes a different
                                                                                                        Decommissioning Branch, Division of
                                                   • Federal Rulemaking Web site: Go to                                                                       method for submitting comments on a
                                                                                                        Decommissioning, Uranium Recovery, and
                                                http://www.regulations.gov and search                   Waste Programs, Office of Nuclear Material
                                                                                                                                                              specific subject):
                                                for Docket ID NRC–2017–0106. Address                    Safety and Safeguards.                                  • Federal Rulemaking Web site: Go to
                                                questions about NRC dockets to Carol                    [FR Doc. 2017–08843 Filed 5–1–17; 8:45 am]            http://www.regulations.gov and search
                                                Gallagher; telephone: 301–415–3463;                                                                           for Docket ID NRC–2017–0100. Address
                                                                                                        BILLING CODE 7590–01–P
                                                email: Carol.Gallagher@nrc.gov.                                                                               questions about NRC dockets to Carol
                                                   • NRC’s Agencywide Documents                                                                               Gallagher; telephone: 301–415–3463;
                                                Access and Management System                            NUCLEAR REGULATORY                                    email: Carol.Gallagher@nrc.gov. For
                                                (ADAMS): You may obtain publicly                        COMMISSION                                            technical questions, contact the
                                                available documents online in the                                                                             individual listed in the FOR FURTHER
                                                ADAMS Public Documents collection at                    [NRC–2017–0100]
                                                                                                                                                              INFORMATION CONTACT section of this
                                                http://www.nrc.gov/reading-rm/                                                                                document.
                                                adams.html. To begin the search, select                 Applications and Amendments to
                                                ‘‘ADAMS Public Documents’’ and then                     Facility Operating Licenses and                         • Mail comments to: Cindy Bladey,
                                                select ‘‘Begin Web-based ADAMS                          Combined Licenses Involving                           Office of Administration, Mail Stop:
                                                Search.’’ For problems with ADAMS,                      Proposed No Significant Hazards                       TWFN–8–D36, U.S. Nuclear Regulatory
                                                please contact the NRC’s Public                         Considerations and Containing                         Commission, Washington, DC 20555–
                                                Document Room (PDR) reference staff at                  Sensitive Unclassified Non-Safeguards                 0001.
                                                1–800–397–4209, 301–415–4737, or by                     Information and Order Imposing                          For additional direction on obtaining
                                                email to pdr.resource@nrc.gov. The                      Procedures for Access to Sensitive                    information and submitting comments,
                                                ADAMS accession number for each                         Unclassified Non-Safeguards                           see ‘‘Obtaining Information and
                                                document referenced in this document                    Information                                           Submitting Comments’’ in the
                                                (if that document is available in                       AGENCY:  Nuclear Regulatory                           SUPPLEMENTARY INFORMATION section of
                                                ADAMS) is provided the first time that                  Commission.                                           this document.
                                                a document is referenced.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        ACTION: License amendment request;                    FOR FURTHER INFORMATION CONTACT:
                                                   • NRC’s PDR: You may examine and
                                                                                                        notice of opportunity to comment,                     Lynn Ronewicz, Office of Nuclear
                                                purchase copies of public documents at
                                                                                                        request a hearing, and petition for leave             Reactor Regulation, U.S. Nuclear
                                                the NRC’s PDR, Room O1–F21, One
                                                                                                        to intervene; order imposing                          Regulatory Commission, Washington,
                                                White Flint North, 11555 Rockville
                                                                                                        procedures.                                           DC 20555–0001; telephone: 301–415–
                                                Pike, Rockville, Maryland 20852.
                                                                                                                                                              1927; email: Lynn.Ronewicz@nrc.gov.
                                                SUPPLEMENTARY INFORMATION: On March                     SUMMARY:The U.S. Nuclear Regulatory
                                                16, 2017, the petitioner requested that                 Commission (NRC) received and is                      SUPPLEMENTARY INFORMATION:



                                           VerDate Sep<11>2014   16:36 May 01, 2017   Jkt 241001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM   02MYN1


                                                20494                           Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices

                                                I. Obtaining Information and                            II. Background                                        If the Commission takes action prior to
                                                Submitting Comments                                        Pursuant to Section 189a.(2) of the                the expiration of either the comment
                                                                                                        Atomic Energy Act of 1954, as amended                 period or the notice period, it will
                                                A. Obtaining Information
                                                                                                        (the Act), the NRC is publishing this                 publish a notice of issuance in the
                                                   Please refer to Docket ID NRC–2017–                                                                        Federal Register. If the Commission
                                                0100, facility name, unit number(s),                    notice. The Act requires the
                                                                                                        Commission to publish notice of any                   makes a final no significant hazards
                                                plant docket number, application date,                                                                        consideration determination, any
                                                and subject when contacting the NRC                     amendments issued, or proposed to be
                                                                                                                                                              hearing will take place after issuance.
                                                about the availability of information for               issued and grants the Commission the
                                                                                                                                                              The Commission expects that the need
                                                this action. You may obtain publicly-                   authority to issue and make
                                                                                                                                                              to take this action will occur very
                                                available information related to this                   immediately effective any amendment
                                                                                                                                                              infrequently.
                                                action by any of the following methods:                 to an operating license or combined
                                                   • Federal Rulemaking Web site: Go to                 license, as applicable, upon a                        A. Opportunity To Request a Hearing
                                                http://www.regulations.gov and search                   determination by the Commission that                  and Petition for Leave To Intervene
                                                for Docket ID NRC–2017–0100.                            such amendment involves no significant                   Within 60 days after the date of
                                                   • NRC’s Agencywide Documents                         hazards consideration, notwithstanding                publication of this notice, any persons
                                                Access and Management System                            the pendency before the Commission of                 (petitioner) whose interest may be
                                                (ADAMS): You may obtain publicly-                       a request for a hearing from any person.              affected by this action may file a request
                                                available documents online in the                          This notice includes notices of                    for a hearing and petition for leave to
                                                ADAMS Public Documents collection at                    amendments containing SUNSI.                          intervene (petition) with respect to the
                                                http://www.nrc.gov/reading-rm/                          III. Notice of Consideration of Issuance              action. Petitions shall be filed in
                                                adams.html. To begin the search, select                 of Amendments to Facility Operating                   accordance with the Commission’s
                                                ‘‘ADAMS Public Documents’’ and then                     Licenses and Combined Licenses,                       ‘‘Agency Rules of Practice and
                                                select ‘‘Begin Web-based ADAMS                          Proposed No Significant Hazards                       Procedure’’ in 10 CFR part 2. Interested
                                                Search.’’ For problems with ADAMS,                      Consideration Determination, and                      persons should consult a current copy
                                                please contact the NRC’s Public                         Opportunity for a Hearing                             of 10 CFR 2.309. The NRC’s regulations
                                                Document Room (PDR) reference staff at                                                                        are accessible electronically from the
                                                1–800–397–4209, 301–415–4737, or by                        The Commission has made a                          NRC Library on the NRC’s Web site at
                                                email to pdr.resource@nrc.gov. The                      proposed determination that the                       http://www.nrc.gov/reading-rm/doc-
                                                ADAMS accession number for each                         following amendment requests involve                  collections/cfr/. Alternatively, a copy of
                                                document referenced (if it is available in              no significant hazards consideration.                 the regulations is available at the NRC’s
                                                ADAMS) is provided the first time that                  Under the Commission’s regulations in                 Public Document Room, located at One
                                                it is mentioned in this document.                       10 CFR 50.92, this means that operation               White Flint North, Room O1–F21, 11555
                                                   • NRC’s PDR: You may examine and                     of the facility in accordance with the                Rockville Pike (first floor), Rockville,
                                                purchase copies of public documents at                  proposed amendment would not (1)                      Maryland 20852. If a petition is filed,
                                                the NRC’s PDR, Room O1–F21, One                         involve a significant increase in the                 the Commission or a presiding officer
                                                White Flint North, 11555 Rockville                      probability or consequences of an                     will rule on the petition and, if
                                                Pike, Rockville, Maryland 20852.                        accident previously evaluated, or (2)                 appropriate, a notice of a hearing will be
                                                                                                        create the possibility of a new or                    issued.
                                                B. Submitting Comments                                  different kind of accident from any                      As required by 10 CFR 2.309(d) the
                                                  Please include Docket ID NRC–2017–                    accident previously evaluated, or (3)                 petition should specifically explain the
                                                0100, facility name, unit number(s),                    involve a significant reduction in a                  reasons why intervention should be
                                                plant docket number, application date,                  margin of safety. The basis for this                  permitted with particular reference to
                                                and subject in your comment                             proposed determination for each                       the following general requirements for
                                                submission.                                             amendment request is shown below.                     standing: (1) The name, address, and
                                                  The NRC cautions you not to include                      The Commission is seeking public                   telephone number of the petitioner; (2)
                                                identifying or contact information that                 comments on this proposed                             the nature of the petitioner’s right under
                                                you do not want to be publicly                          determination. Any comments received                  the Act to be made a party to the
                                                disclosed in your comment submission.                   within 30 days after the date of                      proceeding; (3) the nature and extent of
                                                The NRC will post all comment                           publication of this notice will be                    the petitioner’s property, financial, or
                                                submissions at http://                                  considered in making any final                        other interest in the proceeding; and (4)
                                                www.regulations.gov as well as enter the                determination.                                        the possible effect of any decision or
                                                comment submissions into ADAMS.                            Normally, the Commission will not                  order that may be entered in the
                                                The NRC does not routinely edit                         issue the amendment until the                         proceeding on the petitioner’s interest.
                                                comment submissions to remove                           expiration of 60 days after the date of                  In accordance with 10 CFR 2.309(f),
                                                identifying or contact information.                     publication of this notice. The                       the petition must also set forth the
                                                  If you are requesting or aggregating                  Commission may issue the license                      specific contentions which the
                                                comments from other persons for                         amendment before expiration of the 60-                petitioner seeks to have litigated in the
                                                submission to the NRC, then you should                  day period provided that its final                    proceeding. Each contention must
                                                inform those persons not to include                     determination is that the amendment                   consist of a specific statement of the
                                                identifying or contact information that                 involves no significant hazards                       issue of law or fact to be raised or
                                                they do not want to be publicly                         consideration. In addition, the                       controverted. In addition, the petitioner
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                                                disclosed in their comment submission.                  Commission may issue the amendment                    must provide a brief explanation of the
                                                Your request should state that the NRC                  prior to the expiration of the 30-day                 bases for the contention and a concise
                                                does not routinely edit comment                         comment period if circumstances                       statement of the alleged facts or expert
                                                submissions to remove such information                  change during the 30-day comment                      opinion which support the contention
                                                before making the comment                               period such that failure to act in a                  and on which the petitioner intends to
                                                submissions available to the public or                  timely way would result, for example,                 rely in proving the contention at the
                                                entering the comment into ADAMS.                        in derating or shutdown of the facility.              hearing. The petitioner must also


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                                                                                Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices                                             20495

                                                provide references to the specific                      agency thereof, may submit a petition to              submit paper copies of their filings
                                                sources and documents on which the                      the Commission to participate as a party              unless they seek an exemption in
                                                petitioner intends to rely to support its               under 10 CFR 2.309(h)(1). The petition                accordance with the procedures
                                                position on the issue. The petition must                should state the nature and extent of the             described below.
                                                include sufficient information to show                  petitioner’s interest in the proceeding.                 To comply with the procedural
                                                that a genuine dispute exists with the                  The petition should be submitted to the               requirements of E-Filing, at least 10
                                                applicant or licensee on a material issue               Commission by July 3, 2017. The                       days prior to the filing deadline, the
                                                of law or fact. Contentions must be                     petition must be filed in accordance                  participant should contact the Office of
                                                limited to matters within the scope of                  with the filing instructions in the                   the Secretary by email at
                                                the proceeding. The contention must be                  ‘‘Electronic Submissions (E-Filing)’’                 hearing.docket@nrc.gov, or by telephone
                                                one which, if proven, would entitle the                 section of this document, and should                  at 301–415–1677, to (1) request a digital
                                                petitioner to relief. A petitioner who                  meet the requirements for petitions set               identification (ID) certificate, which
                                                fails to satisfy the requirements at 10                 forth in this section, except that under              allows the participant (or its counsel or
                                                CFR 2.309(f) with respect to at least one               10 CFR 2.309(h)(2) a State, local                     representative) to digitally sign
                                                contention will not be permitted to                     governmental body, or Federally                       submissions and access the E-Filing
                                                participate as a party.                                 recognized Indian Tribe, or agency                    system for any proceeding in which it
                                                   Those permitted to intervene become                  thereof does not need to address the                  is participating; and (2) advise the
                                                parties to the proceeding, subject to any               standing requirements in 10 CFR                       Secretary that the participant will be
                                                limitations in the order granting leave to              2.309(d) if the facility is located within            submitting a petition or other
                                                intervene. Parties have the opportunity                 its boundaries. Alternatively, a State,               adjudicatory document (even in
                                                to participate fully in the conduct of the              local governmental body, Federally-                   instances in which the participant, or its
                                                hearing with respect to resolution of                   recognized Indian Tribe, or agency                    counsel or representative, already holds
                                                that party’s admitted contentions,                      thereof may participate as a non-party                an NRC-issued digital ID certificate).
                                                including the opportunity to present                    under 10 CFR 2.315(c).                                Based upon this information, the
                                                evidence, consistent with the NRC’s                        If a hearing is granted, any person                Secretary will establish an electronic
                                                regulations, policies, and procedures.                  who is not a party to the proceeding and              docket for the hearing in this proceeding
                                                   Petitions must be filed no later than                is not affiliated with or represented by              if the Secretary has not already
                                                60 days from the date of publication of                 a party may, at the discretion of the                 established an electronic docket.
                                                this notice. Petitions and motions for                  presiding officer, be permitted to make
                                                leave to file new or amended                            a limited appearance pursuant to the                     Information about applying for a
                                                contentions that are filed after the                    provisions of 10 CFR 2.315(a). A person               digital ID certificate is available on the
                                                deadline will not be entertained absent                 making a limited appearance may make                  NRC’s public Web site at http://
                                                a determination by the presiding officer                an oral or written statement of his or her            www.nrc.gov/site-help/e-submittals/
                                                that the filing demonstrates good cause                 position on the issues but may not                    getting-started.html. Once a participant
                                                by satisfying the three factors in 10 CFR               otherwise participate in the proceeding.              has obtained a digital ID certificate and
                                                2.309(c)(1)(i) through (iii). The petition              A limited appearance may be made at                   a docket has been created, the
                                                must be filed in accordance with the                    any session of the hearing or at any                  participant can then submit
                                                filing instructions in the ‘‘Electronic                 prehearing conference, subject to the                 adjudicatory documents. Submissions
                                                Submissions (E-Filing)’’ section of this                limits and conditions as may be                       must be in Portable Document Format
                                                document.                                               imposed by the presiding officer. Details             (PDF). Additional guidance on PDF
                                                   If a hearing is requested, and the                   regarding the opportunity to make a                   submissions is available on the NRC’s
                                                Commission has not made 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
                                                Commission will make a final                                                                                  the document is submitted through the
                                                determination on the issue of no                        B. Electronic Submissions (E-Filing)                  NRC’s E-Filing system. To be timely, an
                                                significant hazards consideration. The                    All documents filed in NRC                          electronic filing must be submitted to
                                                final determination will serve to                       adjudicatory proceedings, including a                 the E-Filing system no later than 11:59
                                                establish when the hearing is held. If the              request for hearing and petition, any                 p.m. Eastern Time on the due date.
                                                final determination is that the                         motion or other document filed in the                 Upon receipt of a transmission, the E-
                                                amendment request involves no                           proceeding prior to the submission of a               Filing system time-stamps the document
                                                significant hazards consideration, the                  request for hearing or petition, and                  and sends the submitter an email notice
                                                Commission may issue the amendment                      documents filed by interested                         confirming receipt of the document. The
                                                and make it immediately effective,                      governmental entities that request to                 E-Filing system also distributes an email
                                                notwithstanding the request for a                       participate under 10 CFR 2.315(c), must               notice that provides access to the
                                                hearing. Any hearing would take place                   be filed in accordance with the NRC’s E-              document to the NRC’s Office of the
                                                after issuance of the amendment. If the                 Filing rule (72 FR 49139; August 28,                  General Counsel and any others who
                                                final determination is that the                         2007, as amended at 77 FR 46562;                      have advised the Office of the Secretary
                                                amendment request involves a                            August 3, 2012). The E-Filing process                 that they wish to participate in the
                                                significant hazards consideration, then                 requires participants to submit and                   proceeding, so that the filer need not
                                                any hearing held would take place                       serve all adjudicatory documents over                 serve the document on those
                                                                                                        the internet, or in some cases to mail                participants separately. Therefore,
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                                                before the issuance of the amendment
                                                unless the Commission finds an                          copies on electronic storage media.                   applicants and other participants (or
                                                imminent danger to the health or safety                 Detailed guidance on making electronic                their counsel or representative) must
                                                of the public, in which case it will issue              submissions may be found in the                       apply for and receive a digital ID
                                                an appropriate order or rule under 10                   Guidance for Electronic Submissions to                certificate before adjudicatory
                                                CFR part 2.                                             the NRC and on the NRC Web site at                    documents are filed so that they can
                                                   A State, local governmental body,                    http://www.nrc.gov/site-help/e-                       obtain access to the documents via the
                                                Federally-recognized Indian Tribe, or                   submittals.html. Participants may not                 E-Filing system.


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                                                20496                           Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices

                                                   A person filing electronically using                 unless an NRC regulation or other law                 consequences of an accident previously
                                                the NRC’s adjudicatory E-Filing system                  requires submission of such                           evaluated?
                                                may seek assistance by contacting the                   information. For example, in some                        Response: No.
                                                                                                                                                                 The proposed changes request review and
                                                NRC’s Electronic Filing Help Desk                       instances, individuals provide home
                                                                                                                                                              approval of DPC–NE–3008–P, Revision 0,
                                                through the ‘‘Contact Us’’ link located                 addresses in order to demonstrate                     ‘‘Thermal-Hydraulic Models for Transient
                                                on the NRC’s public Web site at http://                 proximity to a facility or site. With                 Analysis,’’ and DPC–NE–3009–P, Revision 0,
                                                www.nrc.gov/site-help/e-                                respect to copyrighted works, except for              ‘‘FSAR/UFSAR Chapter 15 Transient
                                                submittals.html, by email to                            limited excerpts that serve the purpose               Analysis Methodology’’ to be applied to
                                                MSHD.Resource@nrc.gov, or by a toll-                    of the adjudicatory filings and would                 Shearon Harris Nuclear Power Plant (HNP)
                                                free call at 1–866–672–7640. The NRC                    constitute a Fair Use application,                    and H. B. Robinson Steam Electric Plant
                                                Electronic Filing Help Desk is available                participants are requested not to include             (RNP). The benchmark calculations
                                                between 9 a.m. and 6 p.m., Eastern                                                                            performed confirm the accuracy of the codes
                                                                                                        copyrighted materials in their
                                                                                                                                                              and models. The proposed use of this
                                                Time, Monday through Friday,                            submission.                                           methodology does not affect the performance
                                                excluding government holidays.                                                                                of any equipment used to mitigate the
                                                   Participants who believe that they                   Duke Energy Progress, LLC, Docket No.
                                                                                                        50–400, Shearon Harris Nuclear Power                  consequences of an analyzed accident. There
                                                have a good cause for not submitting                                                                          is no impact on the source term or pathways
                                                documents electronically must file an                   Plant, Unit 1 (HNP), Wake and Chatham                 assumed in accidents previously assumed.
                                                exemption request, in accordance with                   Counties, North Carolina                              No analysis assumptions are violated and
                                                10 CFR 2.302(g), with their initial paper               Duke Energy Progress, LLC, Docket No.                 there are no adverse effects on the factors that
                                                filing stating why there is good cause for              50–261, H. B. Robinson Steam Electric                 contribute to offsite or onsite dose as the
                                                not filing electronically and requesting                Plant Unit No. 2 (RNP), Darlington                    result of an accident.
                                                authorization to continue to submit                                                                              Therefore, the proposed changes do not
                                                                                                        County, South Carolina                                involve a significant increase in the
                                                documents in paper format. Such filings
                                                                                                           Date of amendment request:                         probability or consequences of an accident
                                                must be submitted by: (1) First class                                                                         previously evaluated.
                                                                                                        November 19, 2015, as supplemented by
                                                mail addressed to the Office of the                                                                              2. Does the proposed change create the
                                                                                                        letters dated October 3, 2016, and
                                                Secretary of the Commission, U.S.                                                                             possibility of a new or different kind of
                                                                                                        November 10, 2016. Publicly-available
                                                Nuclear Regulatory Commission,                                                                                accident from any accident previously
                                                                                                        versions are in ADAMS under
                                                Washington, DC 20555–0001, Attention:                                                                         evaluated?
                                                                                                        Accession Nos. ML15323A351,
                                                Rulemaking and Adjudications Staff; or                                                                           Response: No.
                                                                                                        ML16278A080, and ML16315A286.                            The proposed changes request review and
                                                (2) courier, express mail, or expedited
                                                                                                           Description of amendment request:                  approval of DPC–NE–3008–P, Revision 0,
                                                delivery service to the Office of the
                                                                                                        The amendment request contains                        ‘‘Thermal-Hydraulic Models for Transient
                                                Secretary, 11555 Rockville Pike,
                                                                                                        sensitive unclassified non-safeguards                 Analysis,’’ and DPC–NE–3009–P, Revision 0,
                                                Rockville, Maryland 20852, Attention:
                                                                                                        information (SUNSI). The NRC staff                    ‘‘FSAR/UFSAR Chapter 15 Transient
                                                Rulemaking and Adjudications Staff.                                                                           Analysis Methodology’’ to be applied to
                                                                                                        previously made a proposed
                                                Participants filing adjudicatory                                                                              Shearon Harris Nuclear Power Plant (HNP)
                                                                                                        determination that the license
                                                documents in this manner are                                                                                  and H. B. Robinson Steam Electric Plant
                                                                                                        amendment request dated November 19,
                                                responsible for serving the document on                                                                       (RNP). It does not change any system
                                                                                                        2015, involves no significant hazards
                                                all other participants. Filing is                                                                             functions or maintenance activities. The
                                                                                                        consideration (81 FR 19645; April 5,
                                                considered complete by first-class mail                                                                       change does not physically alter the plant,
                                                as of the time of deposit in the mail, or               2016). Subsequently, by letter dated                  that is, no new or different type of equipment
                                                by courier, express mail, or expedited                  October 3, 2016, the licensee provided                will be installed. The software is not
                                                delivery service upon depositing the                    additional information that expanded                  installed in any plant equipment, and
                                                document with the provider of the                       the scope of the amendment request as                 therefore the software is incapable of
                                                                                                        originally noticed. Accordingly, this                 initiating an equipment malfunction that
                                                service. A presiding officer, having                                                                          would result in a new or different type of
                                                granted an exemption request from                       notice supersedes the previous notice in
                                                                                                        its entirety. The amendment requests                  accident from any previously evaluated. The
                                                using E-Filing, may require a participant                                                                     proposed methodology and safety analysis
                                                or party to use E-Filing if the presiding               plant-specific review and approval of
                                                                                                                                                              assumptions ensure that the core will operate
                                                officer subsequently determines that the                reactor core design methodology reports               within safe limits. This change does not
                                                reason for granting the exemption from                  DPC–NE–3008–P, Revision 0, ‘‘Thermal-                 create new failure modes or mechanisms
                                                use of E-Filing no longer exists.                       Hydraulic Models for Transient                        which are not identifiable during testing, and
                                                   Documents submitted in adjudicatory                  Analysis,’’ and DPC–NE–3009–P,                        no new accident precursors are generated.
                                                proceedings will appear in the NRC’s                    Revision 0, ‘‘FSAR/UFSAR [Final Safety                   Therefore, the proposed changes do not
                                                electronic hearing docket, which is                     Analysis Report/Updated Final Safety                  create the possibility of a new or different
                                                                                                        Analysis Report] Chapter 15 Transient                 kind of accident from any accident
                                                available to the public at https://
                                                                                                        Analysis Methodology,’’ for adoption                  previously evaluated.
                                                adams.nrc.gov/ehd, unless excluded                                                                               3. Does the proposed change involve a
                                                pursuant to an order of the Commission                  into the HNP and RNP Technical
                                                                                                                                                              significant reduction in a margin of safety?
                                                or the presiding officer. If you do not                 Specifications. In the supplement dated                  Response: No.
                                                have an NRC-issued digital ID certificate               October 3, 2016, the licensee added the                  Margin of safety is related to the
                                                as described above, click cancel when                   request for the review and approval of                confidence in the ability of the fission
                                                the link requests certificates and you                  DPC–NE–3009–P, Revision 0.                            product barriers to perform their design
                                                will be automatically directed to the                      Basis for proposed no significant                  functions during and following an accident.
                                                                                                        hazards consideration determination:                  These barriers include the fuel cladding, the
sradovich on DSK3GMQ082PROD with NOTICES




                                                NRC’s electronic hearing dockets where
                                                you will be able to access any publicly                 As required by 10 CFR 50.91(a), the                   reactor coolant system, and the containment
                                                                                                        licensee has provided its analysis of the             system. The proposed changes request review
                                                available documents in a particular
                                                                                                        issue of no significant hazards                       and approval of DPC–NE–3008–P, Revision
                                                hearing docket. Participants are                                                                              0, ‘‘Thermal-Hydraulic Models for Transient
                                                requested not to include personal                       consideration, which is presented
                                                                                                                                                              Analysis,’’ and DPC–NE–3009–P, Revision 0,
                                                privacy information, such as social                     below:                                                ‘‘FSAR/UFSAR Chapter 15 Transient
                                                security numbers, home addresses, or                      1. Does the proposed change involve a               Analysis Methodology’’ to be applied to
                                                personal phone numbers in their filings,                significant increase in the probability or            Shearon Harris Nuclear Power Plant (HNP)



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                                                                                Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices                                                 20497

                                                and H. B. Robinson Steam Electric Plant                    Response: No, the proposed increase in             system. No new equipment or procedure
                                                (RNP). As a portion of the overall Duke                 power level does not significantly increase           changes are involved that could add new
                                                Energy methodology for cycle reload safety              the probability or consequences of an                 accident initiators.
                                                analyses, DPC–NE–3008–P will be used in                 accident previously evaluated.                           Therefore, the proposed changes do not
                                                thermal-hydraulic transient analyses and                   The proposed changes do not affect system          create the possibility of a new or different
                                                DPC–NE–3009–P will support the                          design or operation and thus do not create            kind of accident from any accident
                                                performance of FSAR/UFSAR Chapter 15                    any new accident initiators or increase the           previously evaluated.
                                                transient analysis. As with the existing                probability of an accident previously                    3. Does the proposed change involve a
                                                methodologies, the Duke Energy                          evaluated. All accident mitigation systems            significant reduction in a margin of safety?
                                                methodologies will continue to ensure (a) the           will function as designed, and all                       Response: No, the proposed increase in
                                                acceptability of analytical limits under                performance requirements for these systems            power level does not involve a significant
                                                normal, transient, and accident conditions,             have been evaluated and were found                    reduction in a margin of safety.
                                                and (b) that all applicable design and safety           acceptable.                                              Operation at the uprated power condition
                                                limits are satisfied such that the fission                 The Nuclear Steam Supply System (NSSS)             does not involve a significant reduction in a
                                                product barriers will continue to perform               components (e.g., reactor vessel, reactor             margin of safety. Analyses of the primary
                                                their design functions.                                 internals, control rod drive housings, piping         fission product barriers have concluded that
                                                   Therefore, the proposed changes do not               and supports, and recirculation pumps)                relevant design criteria remain satisfied, both
                                                involve a significant reduction in a margin of          remain within their applicable structural             from the standpoint of the integrity of the
                                                safety.                                                 limits and will continue to perform their             primary fission product barrier, and from the
                                                                                                        intended design functions during normal and           standpoint of compliance with the required
                                                   The NRC staff has reviewed the                       accident conditions. Thus, there is no                acceptance criteria. As appropriate, all
                                                licensee’s analysis and, based on this                  increase in the probability of a structural           evaluations have been performed using
                                                review, it appears that the three                       failure of these components.                          methods that have either been reviewed or
                                                standards of 10 CFR 50.92(c) are                           The balance of plant systems and                   approved by the Nuclear Regulatory
                                                satisfied. Therefore, the NRC staff                     components continue to meet their                     Commission, or that are in compliance with
                                                proposes to determine that the                          applicable structural limits and will continue        regulatory review guidance and standards.
                                                amendment request involves no                           to perform their intended design functions.              Therefore, the proposed changes do not
                                                                                                        Thus, there is no increase in the probability         involve a significant reduction in a margin of
                                                significant hazards consideration.                      of a failure of these components. The safety
                                                   Attorney for licensee: Kathryn B.                                                                          safety.
                                                                                                        relief valves and containment isolation
                                                Nolan, Deputy General Counsel, Duke                     valves meet design sizing requirements at the            The NRC staff has reviewed the
                                                Energy Corporation, 550 South Tyron                     uprated power level. Because the integrity of         licensee’s analysis and, based on this
                                                Street, Mail Code DEC45A, Charlotte,                    the plant will not be affected by operation at        review, it appears that the three
                                                NC 28202.                                               the uprated condition, EGC [Exelon                    standards of 10 CFR 50.92(c) are
                                                   NRC Branch Chief: Benjamin G.                        Generation Company] has concluded that all            satisfied. Therefore, the NRC staff
                                                Beasley.                                                structures, systems, and components                   proposes to determine that the
                                                                                                        required to mitigate a transient remain               amendment request involves no
                                                Exelon Generation Company, LLC and                      capable of fulfilling their intended functions.
                                                PSEG Nuclear LLC, Docket Nos. 50–277                       All safety analyses have either been
                                                                                                                                                              significant hazards consideration.
                                                                                                        performed at 102% of Current Licensed                    Attorney for licensee: Tamra Domeyer,
                                                and 50–278, Peach Bottom Atomic
                                                                                                        Thermal Power (CLTP) and therefore bound              Associate General Counsel, Exelon
                                                Power Station, Units 2 and 3, York and
                                                                                                        the proposed uprate or have been subject to           Generation Company, LLC, 4300
                                                Lancaster Counties, Pennsylvania
                                                                                                        plant-specific analyses at a power level equal        Winfield Rd., Warrenville, IL 60555.
                                                   Date of amendment request: February                  to or greater than the proposed uprate. The              NRC Branch Chief: James G. Danna.
                                                17, 2017. A publicly-available version is               results demonstrate that acceptance criteria
                                                in ADAMS under Accession No.                            of the applicable analyses continue to be met         South Carolina Electric & Gas Company
                                                ML17048A444.                                            at the uprated conditions. The analyses               and South Carolina Public Service
                                                   Description of amendment request:                    performed to assess the effects of mass and           Authority, Docket Nos. 52–027 and 52–
                                                This amendment request contains                         energy releases remain valid. The source              028, Virgil C. Summer Nuclear Station,
                                                                                                        terms used to assess radiological                     Units 2 and 3, Fairfield County, South
                                                sensitive unclassified non-safeguards
                                                                                                        consequences have been reviewed and                   Carolina
                                                information (SUNSI). The amendment                      determined to bound operation at the uprated
                                                would revise the Renewed Facility                       condition.                                               Date of amendment request: October
                                                Operating Licenses and Technical                           Therefore, the proposed changes do not             27, 2016. A publicly-available version is
                                                Specifications to implement a                           involve a significant increase in the                 in ADAMS under Accession No.
                                                measurement uncertainty recapture                       probability or consequences of an accident            ML16301A385.
                                                power uprate. Specifically, the                         previously evaluated.                                    Description of amendment request:
                                                amendment would authorize an                               2. Does the proposed change create the             This amendment request contains
                                                increase in the maximum licensed                        possibility of a new or different kind of             sensitive unclassified non-safeguards
                                                                                                        accident from any accident previously
                                                thermal power level from 3,951                                                                                information (SUNSI). The amendment
                                                                                                        evaluated?
                                                megawatts thermal (MWt) to 4,016 MWt,                      Response: No, the proposed increase in             request proposes a change to Updated
                                                which is an increase of approximately                   power level does not create the possibility of        Final Safety Analysis Report (UFSAR)
                                                1.66 percent.                                           a new or different kind of accident from any          Tier 2* information to specify the
                                                   Basis for proposed no significant                    accident previously evaluated.                        supplemental requirement of American
                                                hazards consideration determination:                       No new accident scenarios, failure                 Institute of Steel Construction (AISC)
                                                As required by 10 CFR 50.91(a), the                     mechanisms, or limiting single failures are           N690–1994, ‘‘American National
                                                licensee has provided its analysis of the               introduced as a result of the proposed                Standard Specification for the Design,
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                                                issue of no significant hazards                         changes. All systems, structures, and                 Fabrication, and Erection of Steel
                                                                                                        components previously required for the
                                                consideration, which is presented                                                                             Safety-Related Structures for Nuclear
                                                                                                        mitigation of a transient remain capable of
                                                below:                                                  fulfilling their intended design functions.           Facilities’’ (AISC N690–1994), Section
                                                  1. Does the proposed change involve a                 The proposed changes have no adverse                  Q1.26.2.2, ‘‘Partial-Penetration Welds,’’
                                                significant increase in the probability or              effects on any safety-related system or               for the demonstration of sufficient
                                                consequences of an accident previously                  component and do not challenge the                    strength and quality of the carbon steel
                                                evaluated?                                              performance or integrity of any safety-related        embedment plate coupler welds to be


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                                                20498                           Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices

                                                credited as justification for the                       function in lieu of satisfying the AISC N690–         Order Imposing Procedures for Access
                                                determination that the installed coupler                1994, Section Q1.26.2.2 requirement for non-          to Sensitive Unclassified Non-
                                                welds are capable of performing their                   destructive examination on 10 percent weld            Safeguards Information for Contention
                                                intended design function. The requested                 populations. The proposed change does not             Preparation
                                                amendment proposes a change to Tier                     affect the operation of any systems or
                                                                                                        equipment that may initiate a new or                  Duke Energy Progress, LLC, Docket No.
                                                2* information. This submittal requests                                                                       50–400, Shearon Harris Nuclear Power
                                                approval of the license amendment                       different kind of accident, or alter any SSC
                                                                                                        such that a new accident initiator or                 Plant, Unit 1 (HNP), Wake and Chatham
                                                necessary to implement these changes.                                                                         Counties, North Carolina
                                                   Basis for proposed no significant                    initiating sequence of events is created.
                                                hazards consideration determination:                       The proposed change does not adversely             Exelon Generation Company, LLC and
                                                As required by 10 CFR 50.91(a), the                     affect the design function of the mechanical          PSEG Nuclear LLC, Docket Nos. 50–277
                                                licensee has provided its analysis of the               couplers, the structures in which the                 and 50–278, Peach Bottom Atomic
                                                issue of no significant hazards                         couplers are used, or any other SSC design            Power Station, Units 2 and 3, York and
                                                consideration, which is presented                       functions or methods of operation in a                Lancaster Counties, Pennsylvania
                                                below:                                                  manner that results in a new failure mode,
                                                                                                        malfunction, or sequence of events that affect        South Carolina Electric & Gas Company
                                                   1. Does the proposed amendment involve               safety-related or nonsafety-related                   and South Carolina Public Service
                                                a significant increase in the probability or                                                                  Authority, Docket Nos. 52–027 and 52–
                                                                                                        equipment. This activity does not allow for
                                                consequences of an accident previously                                                                        028, Virgil C. Summer Nuclear Station,
                                                evaluated?                                              a new fission product release path, result in
                                                                                                        a new fission product barrier failure mode, or        Units 2 and 3, Fairfield County, South
                                                   Response: No.
                                                                                                        create a new sequence of events that result           Carolina
                                                   The proposed change describes how
                                                evaluation of coupler strength, and by                  in significant fuel cladding failures.                   A. This Order contains instructions
                                                extension, weld strength and quality are used              Therefore, the requested amendment does            regarding how potential parties to this
                                                to demonstrate the capacity of partial joint            not create the possibility of a new or different      proceeding may request access to
                                                penetrate on (PJP) welds with fillet weld               kind of accident from any accident
                                                reinforcement joining weldable couplers to
                                                                                                                                                              documents containing sensitive
                                                                                                        previously evaluated.                                 unclassified non-safeguards information
                                                carbon steel embedment plates as being able                3. Does the proposed amendment involve
                                                to perform their intended design function in                                                                  (SUNSI).
                                                                                                        a significant reduction in a margin of safety?
                                                lieu of satisfying the American Institute of                                                                     B. Within 10 days after publication of
                                                Steel Construction (AISC) N690–1994,                       Response: No.
                                                                                                                                                              this notice of hearing and opportunity to
                                                Section Q1.26.2.2 requirement for non-                     The proposed change describes how
                                                                                                                                                              petition for leave to intervene, any
                                                destructive examination (NDE) on 10 percent             evaluation of coupler strength, and by
                                                                                                                                                              potential party who believes access to
                                                weld populations. The proposed change does              extension, weld strength and quality are used
                                                not affect the operation of any systems or              to demonstrate the capacity of PJP welds
                                                                                                                                                              SUNSI is necessary to respond to this
                                                equipment that initiate an analyzed accident            with fillet weld reinforcement joining
                                                                                                                                                              notice may request access to SUNSI. A
                                                or alter any structures, systems, and                   weldable couplers to carbon steel embedment
                                                                                                                                                              ‘‘potential party’’ is any person who
                                                components (SSCs) accident initiator or                 plates as being able to perform their design          intends to participate as a party by
                                                initiating sequence of events.                          function in lieu of satisfying the AISC N690–         demonstrating standing and filing an
                                                   The change has no adverse effect on the                                                                    admissible contention under 10 CFR
                                                                                                        1994, Section Q1.26.2.2 requirement for non-
                                                design function of the mechanical couplers                                                                    2.309. Requests for access to SUNSI
                                                or the SSCs to which the mechanical                     destructive examination on 10 percent weld
                                                                                                        populations. The proposed change satisfies            submitted later than 10 days after
                                                couplers are welded. The probabilities of the
                                                                                                        the same design functions in accordance with          publication of this notice will not be
                                                accidents evaluated in the Updated Final
                                                Safety Analysis Report (UFSAR) are not                  the same codes and standards as stated in the         considered absent a showing of good
                                                affected. The change does not impact the                UFSAR. This change does not adversely                 cause for the late filing, addressing why
                                                support, design, or operation of mechanical             affect compliance with any design code,               the request could not have been filed
                                                or fluid systems. The change does not impact            function, design analysis, safety analysis            earlier.
                                                the support, design, or operation of any                input or result, or design/safety margin. No             C. The requester shall submit a letter
                                                safety-related structures. There is no change           safety analysis or design basis acceptance            requesting permission to access SUNSI
                                                to plant systems or the response of systems             limit/criterion is challenged or exceeded by          to the Office of the Secretary, U.S.
                                                to postulated accident conditions. There is
                                                                                                        the proposed changes, and no margin of                Nuclear Regulatory Commission,
                                                no change to the predicted radioactive
                                                releases due to normal operation or                     safety is reduced.                                    Washington, DC 20555–0001, Attention:
                                                postulated accident conditions. The plant                  Therefore, the requested amendment does            Rulemakings and Adjudications Staff,
                                                response to previously evaluated accidents or           not involve a significant reduction in a              and provide a copy to the Associate
                                                external events is not adversely affected, nor          margin of safety.                                     General Counsel for Hearings,
                                                does the proposed change create any new                                                                       Enforcement and Administration, Office
                                                accident precursors.                                       The NRC staff has reviewed the                     of the General Counsel, U.S. Nuclear
                                                   Therefore, the requested amendment does              licensee’s analysis and, based on this                Regulatory Commission, Washington,
                                                not involve a significant increase in the               review, it appears that the three                     DC 20555–0001. The expedited delivery
                                                probability or consequences of an accident              standards of 10 CFR 50.92(c) are                      or courier mail address for both offices
                                                previously evaluated.                                   satisfied. Therefore, the NRC staff
                                                   2. Does the proposed amendment create                                                                      is: U.S. Nuclear Regulatory Commission,
                                                the possibility of a new or different kind of
                                                                                                        proposes to determine that the                        11555 Rockville Pike, Rockville,
                                                accident from any accident previously                   amendment request involves no                         Maryland 20852. The email address for
                                                evaluated?                                              significant hazards consideration.                    the Office of the Secretary and the
sradovich on DSK3GMQ082PROD with NOTICES




                                                   Response: No.                                           Attorney for licensee: Ms. Kathryn M.              Office of the General Counsel are
                                                   The proposed change describes how                                                                          Hearing.Docket@nrc.gov and
                                                                                                        Sutton, Morgan, Lewis & Bockius, LLC,
                                                evaluation of coupler strength, and by                                                                        OGCmailcenter@nrc.gov, respectively.1
                                                extension, weld strength and quality are used           1111 Pennsylvania Ave. NW.,
                                                to demonstrate the capacity of PJP welds                Washington, DC 20004–2514.                               1 While a request for hearing or petition to
                                                with fillet weld reinforcement joining                     NRC Branch Chief: Jennifer Dixon-                  intervene in this proceeding must comply with the
                                                weldable couplers to carbon steel embedment             Herrity.                                              filing requirements of the NRC’s ‘‘E-Filing Rule,’’
                                                plates as being able to perform their design                                                                  the initial request to access SUNSI under these



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                                                                                       Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices                                                   20499

                                                The request must include the following                        disclosure of SUNSI by each individual                independent of the proceeding. Such a
                                                information:                                                  who will be granted access to SUNSI.                  challenge must be filed within 5 days of
                                                  (1) A description of the licensing                             F. Filing of Contentions. Any                      the notification by the NRC staff of its
                                                action with a citation to this Federal                        contentions in these proceedings that                 grant of access and must be filed with:
                                                Register notice;                                              are based upon the information received               (a) The presiding officer designated in
                                                  (2) The name and address of the                             as a result of the request made for                   this proceeding; (b) if no presiding
                                                potential party and a description of the                      SUNSI must be filed by the requestor no               officer has been appointed, the Chief
                                                potential party’s particularized interest                     later than 25 days after receipt of (or               Administrative Judge, or if he or she is
                                                that could be harmed by the action                            access to) that information. However, if              unavailable, another administrative
                                                identified in C.(1); and                                      more than 25 days remain between the                  judge, or an Administrative Law Judge
                                                  (3) The identity of the individual or                       petitioner’s receipt of (or access to) the            with jurisdiction pursuant to 10 CFR
                                                entity requesting access to SUNSI and                         information and the deadline for filing               2.318(a); or (c) if another officer has
                                                the requester’s basis for the need for the                    all other contentions (as established in              been designated to rule on information
                                                information in order to meaningfully                          the notice of hearing or opportunity for              access issues, with that officer.
                                                participate in this adjudicatory                              hearing), the petitioner may file its                    If challenges to the NRC staff
                                                proceeding. In particular, the request                        SUNSI contentions by that later                       determinations are filed, these
                                                must explain why publicly available                           deadline.                                             procedures give way to the normal
                                                versions of the information requested                            G. Review of Denials of Access.
                                                                                                                 (1) If the request for access to SUNSI             process for litigating disputes
                                                would not be sufficient to provide the
                                                                                                              is denied by the NRC staff after a                    concerning access to information. The
                                                basis and specificity for a proffered
                                                                                                              determination on standing and requisite               availability of interlocutory review by
                                                contention.
                                                  D. Based on an evaluation of the                            need, the NRC staff shall immediately                 the Commission of orders ruling on
                                                information submitted under paragraph                         notify the requestor in writing, briefly              such NRC staff determinations (whether
                                                C.(3) the NRC staff will determine                            stating the reason or reasons for the                 granting or denying access) is governed
                                                within 10 days of receipt of the request                      denial.                                               by 10 CFR 2.311.3
                                                whether:                                                         (2) The requester may challenge the                   I. The Commission expects that the
                                                  (1) There is a reasonable basis to                          NRC staff’s adverse determination by                  NRC staff and presiding officers (and
                                                believe the petitioner is likely to                           filing a challenge within 5 days of                   any other reviewing officers) will
                                                establish standing to participate in this                     receipt of that determination with: (a)               consider and resolve requests for access
                                                NRC proceeding; and                                           The presiding officer designated in this              to SUNSI, and motions for protective
                                                  (2) The requestor has established a                         proceeding; (b) if no presiding officer               orders, in a timely fashion in order to
                                                legitimate need for access to SUNSI.                          has been appointed, the Chief                         minimize any unnecessary delays in
                                                  E. If the NRC staff determines that the                     Administrative Judge, or if he or she is              identifying those petitioners who have
                                                requestor satisfies both D.(1) and D.(2)                      unavailable, another administrative                   standing and who have propounded
                                                above, the NRC staff will notify the                          judge, or an Administrative Law Judge                 contentions meeting the specificity and
                                                requestor in writing that access to                           with jurisdiction pursuant to 10 CFR                  basis requirements in 10 CFR part 2.
                                                SUNSI has been granted. The written                           2.318(a); or (c) if another officer has               The attachment to this Order
                                                notification will contain instructions on                     been designated to rule on information                summarizes the general target schedule
                                                how the requestor may obtain copies of                        access issues, with that officer.                     for processing and resolving requests
                                                the requested documents, and any other                           (3) Further appeals of decisions under             under these procedures.
                                                conditions that may apply to access to                        this paragraph must be made pursuant                     It is so ordered.
                                                those documents. These conditions may                         to 10 CFR 2.311.
                                                include, but are not limited to, the                             H. Review of Grants of Access. A                     Dated at Rockville, Maryland, this 27th day
                                                signing of a Non-Disclosure Agreement                         party other than the requester may                    of April, 2017.
                                                or Affidavit, or Protective Order 2 setting                   challenge an NRC staff determination                    For the Nuclear Regulatory Commission.
                                                forth terms and conditions to prevent                         granting access to SUNSI whose release                Annette L. Vietti-Cook,
                                                the unauthorized or inadvertent                               would harm that party’s interest                      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).
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                                                procedures should be submitted as described in this           not yet been designated, within 30 days of the        46562; August 3, 2012) apply to appeals of NRC
                                                paragraph.                                                    deadline for the receipt of the written access        staff determinations (because they must be served
                                                  2 Any Motion for Protective Order or draft Non-             request.                                              on a presiding officer or the Commission, as
                                                Disclosure Affidavit or Agreement for SUNSI must                3 Requesters should note that the filing
                                                                                                                                                                    applicable), but not to the initial SUNSI request
                                                be filed with the presiding officer or the Chief              requirements of the NRC’s E-Filing Rule (72 FR        submitted to the NRC staff under these procedures.
                                                Administrative Judge, if the presiding officer has            49139; August 28, 2007, as amended at 77 FR



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                                                20500                                 Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices

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

                                                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.
                                                A + 3 .................     Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
                                                                               tive order.
                                                A + 28 ...............      Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
                                                                               remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
                                                                               established in the notice of 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. 2017–08896 Filed 5–1–17; 8:45 am]                     The granting of the exemption allows                Search.’’ For problems with ADAMS,
                                                BILLING CODE 7590–01–P                                       the changes to Tier 1 information asked               please contact the NRC’s Public
                                                                                                             for in the amendment. Because the                     Document Room (PDR) reference staff at
                                                                                                             acceptability of the exemption was                    1–800–397–4209, 301–415–4737, or by
                                                NUCLEAR REGULATORY                                           determined in part by the acceptability               email to pdr.resource@nrc.gov. The
                                                COMMISSION                                                   of the amendment, the exemption and                   ADAMS accession number for each
                                                                                                             amendment are being issued                            document referenced (if it is available in
                                                [Docket Nos. 52–027 and 52–028; NRC–                         concurrently.                                         ADAMS) is provided the first time that
                                                2008–0441]                                                   DATES:   The exemption and amendment                  it is mentioned in this document. The
                                                                                                             were issued on March 1, 2017.                         request for the amendment and
                                                Virgil C. Summer Nuclear Station,                                                                                  exemption was submitted by letter
                                                Units 2 and 3; South Carolina Electric                       ADDRESSES: Please refer to Docket ID
                                                                                                                                                                   dated October 21, 2015 (ADAMS
                                                & Gas Company; South Carolina                                NRC–2008–0441 when contacting the                     Accession No. ML16246A214), and
                                                Public Service Authority Relocation of                       NRC about the availability of                         supplemented by letters dated March 31
                                                Air Cooled Chiller Pump 3, VWS–MP–                           information regarding this document.                  and July 14, 2016 (ADAMS Accession
                                                03                                                           You may access information related to                 Nos. ML16091A380 and
                                                                                                             this document, which the NRC                          ML16196A354).
                                                AGENCY:  Nuclear Regulatory                                  possesses and is publicly available,
                                                                                                                                                                      • NRC’s PDR: You may examine and
                                                Commission.                                                  using any of the following methods:
                                                                                                                                                                   purchase copies of public documents at
                                                ACTION: Exemption and combined                                  • Federal Rulemaking Web site: Go to
                                                                                                                                                                   the NRC’s PDR, Room O1–F21, One
                                                license amendment; issuance.                                 http://www.regulations.gov and search
                                                                                                                                                                   White Flint North, 11555 Rockville
                                                                                                             for Docket ID NRC–2008–0252. Address
                                                                                                                                                                   Pike, Rockville, Maryland 20852.
                                                SUMMARY:    The U.S. Nuclear Regulatory                      questions about NRC dockets to Carol
                                                Commission (NRC) is granting an                              Gallagher; telephone: 301–415–3463;                   FOR FURTHER INFORMATION CONTACT:
                                                exemption to allow a departure from the                      email: Carol.Gallagher@nrc.gov. For                   William C. Gleaves, Office of New
                                                certification information of Tier 1 of the                   technical questions, contact the                      Reactors, U.S. Nuclear Regulatory
                                                generic AP1000 design control                                individual listed in the FOR FURTHER                  Commission, Washington, DC 20555–
                                                document (DCD) and is issuing License                        INFORMATION CONTACT section of this                   0001; telephone: 301–415–5848; email:
                                                Amendment No. 62 to Combined                                 document.                                             Bill.Gleaves@nrc.gov.
                                                Licenses (COL), NPF–93 and NPF–94.                              • NRC’s Agencywide Documents                       SUPPLEMENTARY INFORMATION:
                                                The COLs were issued to South Carolina                       Access and Management System
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                   I. Introduction
                                                Electric & Gas Company and the South                         (ADAMS): You may obtain publicly-
                                                Carolina Public Service Authority, (both                     available documents online in the                        The NRC is granting an exemption
                                                collectively referred to as the licensee)                    ADAMS Public Documents collection at                  from Paragraph B of Section III, ‘‘Scope
                                                for construction and operation of the                        http://www.nrc.gov/reading-rm/                        and Contents,’’ of appendix D, ‘‘Design
                                                Virgil C. Summer Nuclear Station                             adams.html. To begin the search, select               Certification Rule for the AP1000,’’ to
                                                (VCSNS) Units 2 and 3, located in                            ‘‘ADAMS Public Documents’’ and then                   part 52 of title 10 of the Code of Federal
                                                Fairfield County, South Carolina.                            select ‘‘Begin Web-based ADAMS                        Regulations (10 CFR), and issuing


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Document Created: 2017-05-02 00:04:38
Document Modified: 2017-05-02 00:04:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
DatesComments must be filed by June 1, 2017. A request for a hearing must be filed by July 3, 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 May 12, 2017.
ContactLynn Ronewicz, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1927; email: [email protected]
FR Citation82 FR 20493 

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