82 FR 26123 - 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 107 (June 6, 2017)
Federal Register Volume 82, Issue 107 (June 6, 2017)
| Page Range | 26123-26128 | |
| FR Document | 2017-11211 |
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)] [Notices] [Pages 26123-26128] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11211] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2017-0119] 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. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of one amendment request. The amendment request is for Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4. The proposed amendment would revise the combined licenses (COL) Appendix C (and to plant-specific Tier 1 information) and associated Tier 2 information to address mitigation of fire protection system flooding of the Auxiliary Building identified during completion of the pipe rupture hazards analysis. An exemption request relating to the proposed changes to the AP1000 Design Control Document Tier 1 is included with the request. The NRC proposes to determine that the license amendment request involves no significant hazards consideration. Because the amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation. DATES: Comments must be filed by July 6, 2017. A request for a hearing must be filed by August 7, 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 June 16, 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-2017-0119. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: TWFN-8D36M, 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: Kay Goldstein, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1506, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2017-0119, 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-2017-0119. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The 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-2017-0119, 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 [[Page 26124]] 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 a notice of an amendment 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 request involves 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 the 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 which may be entered in the proceeding on the petitioner's interest. In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures. Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the ``Electronic Submissions (E-Filing)'' section of this document. If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to establish when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2. A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission by August 7, 2017. The petition must be filed in accordance with the filing instructions in the [[Page 26125]] ``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 for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC- issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC's adjudicatory E- Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the ``Contact Us'' link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672- 7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have 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 [[Page 26126]] constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Southern Nuclear Operating Company, Inc., Docket Nos. 52-025 and 52- 026, Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia Date of amendment request: March 31, 2017. A publicly-available version is in ADAMS under Accession No. ML17090A570. Description of amendment request: This amendment request contains sensitive unclassified non-safeguards information (SUNSI). The amendment request proposes changes to the combined licenses (COL) Appendix C (and to plant-specific Tier 1 information) and associated Tier 2 information to address mitigation of fire protection system flooding of the Auxiliary Building identified during completion of the pipe rupture hazards analysis. An exemption request relating to the proposed changes to the AP1000 Design Control Document Tier 1 is included with the request. 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 with NRC staff's edits in square brackets: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed changes to the design and licensing basis flood level in the Auxiliary Building [radiologically controlled area (RCA)], and the associated plant changes to limit the volume of water available for flooding or to limit the effects of flooding do not affect any essential safety-related equipment or function. The changes and affected levels of the Auxiliary Building RCA do not involve any accident, initiating event or component failure; thus, the probabilities of the accidents previously evaluated are not affected. The maximum allowable leakage rate specified in the Technical Specifications is unchanged, and radiological material release source terms are not affected; thus, the radiological releases in the accident analyses are not affected. Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed changes to the design and licensing basis flood level in the Auxiliary Building RCA and the associated plant changes to limit the volume of water available for flooding or to limit the effects of flooding do not affect any safety-related equipment or function. The changes do not change the condition of any essential safety-related equipment or structure; therefore, no new accident initiator or failure mode is created. The proposed changes do not create a new fault or sequence of events that could result in a radioactive release. The proposed changes will not affect any safety-related mitigating function. Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. The proposed changes to the design and licensing basis flood level in the Auxiliary Building RCA and associated plant changes to limit the volume of water available for flooding or to limit the effects of flooding do not affect any essential safety-related equipment or function. The proposed changes do not have any effect on the ability of safety-related structures, systems, or components to perform their design basis functions. The changes ensure that the capability to achieve safe shutdown is maintained. No safety analysis or design basis acceptance limit/criterion is challenged or exceeded by the proposed changes, thus no margin of safety is reduced. Therefore, the proposed amendment does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. Attorney for licensee: M. Stanford Blanton, Balch & Bingham LLP, 1710 Sixth Avenue North, Birmingham, Alabama 35203-2015. NRC Branch Chief: Jennifer Dixon-Herrity. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation Southern Nuclear Operating Company, Inc., Docket Nos. 52-025 and 52- 026, Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing Sensitive Unclassified Non-Safeguards Information (SUNSI). B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request access to SUNSI. A ``potential party'' is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are [email protected] and [email protected], respectively.\1\ The request must include the following information: --------------------------------------------------------------------------- \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 [[Page 26127]] (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 25th day of May, 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). 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. [[Page 26128]] 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. 2017-11211 Filed 6-5-17; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices 26123
DATES: The meeting will be on June 26, mitigation of fire protection system this action. You may obtain publicly-
2017, from 10:00 a.m. to 11:30 a.m. EDT. flooding of the Auxiliary Building available information related to this
ADDRESSES: Capitol Visitor Center, identified during completion of the pipe action by any of the following methods:
Congressional Meeting Room North. rupture hazards analysis. An exemption • Federal rulemaking Web site: Go to
request relating to the proposed changes http://www.regulations.gov and search
FOR FURTHER INFORMATION CONTACT:
to the AP1000 Design Control Document for Docket ID NRC–2017–0119.
Sharon Shaver by email at • NRC’s Agencywide Documents
sharon.shaver@nara.gov or the Center Tier 1 is included with the request. The
NRC proposes to determine that the Access and Management System
for Legislative Archives by phone at (ADAMS): You may obtain publicly-
202–357–5350. license amendment request involves no
significant hazards consideration. available documents online in the
SUPPLEMENTARY INFORMATION: The ADAMS Public Documents collection at
Because the amendment request
meeting is open to the public. contains sensitive unclassified non- http://www.nrc.gov/reading-rm/
Agenda safeguards information (SUNSI), an adams.html. To begin the search, select
order imposes procedures to obtain ‘‘ADAMS Public Documents’’ and then
(1) Chair’s Opening Remarks—Clerk of select ‘‘Begin Web-based ADAMS
access to SUNSI for contention
the U.S. House of Representatives Search.’’ For problems with ADAMS,
preparation.
(2) Recognition of co-chair—Secretary of please contact the NRC’s Public
the U.S. Senate DATES: Comments must be filed by July
Document Room (PDR) reference staff at
(3) Recognition of the Archivist of the 6, 2017. A request for a hearing must be
1–800–397–4209, 301–415–4737, or by
United States filed by August 7, 2017. Any potential
email to pdr.resource@nrc.gov. The
(4) Approval of the minutes of the last party as defined in § 2.4 of title 10 of the
ADAMS accession number for each
meeting Code of Federal Regulations (10 CFR),
document referenced (if it is available in
(5) House Archivist’s report who believes access to SUNSI is
ADAMS) is provided the first time that
(6) Senate Archivist’s report necessary to respond to this notice must
it is mentioned in this document.
(7) Center for Legislative Archives request document access by June 16, • NRC’s PDR: You may examine and
update 2017. purchase copies of public documents at
(8) Other current issues and new ADDRESSES: You may submit comments the NRC’s PDR, Room O1–F21, One
business by any of the following methods (unless White Flint North, 11555 Rockville
Patrice Little Murray, this document describes a different Pike, Rockville, Maryland 20852.
Committee Management Officer.
method for submitting comments on a
B. Submitting Comments
specific subject):
[FR Doc. 2017–11601 Filed 6–5–17; 8:45 am]
• Federal Rulemaking Web site: Go to Please include Docket ID NRC–2017–
BILLING CODE 7515–01–P 0119, facility name, unit number(s),
http://www.regulations.gov and search
for Docket ID NRC–2017–0119. Address plant docket number, application date,
questions about NRC dockets to Carol and subject in your comment
NUCLEAR REGULATORY Gallagher; telephone: 301–415–3463; submission.
COMMISSION email: Carol.Gallagher@nrc.gov. For The NRC cautions you not to include
[NRC–2017–0119] technical questions, contact the identifying or contact information that
individual listed in the FOR FURTHER you do not want to be publicly
Applications and Amendments to INFORMATION CONTACT section of this disclosed in your comment submission.
Facility Operating Licenses and document. The NRC will post all comment
Combined Licenses Involving • Mail comments to: Cindy Bladey, submissions at http://
Proposed No Significant Hazards Office of Administration, Mail Stop: www.regulations.gov as well as enter the
Considerations and Containing TWFN–8D36M, U.S. Nuclear Regulatory comment submissions into ADAMS.
Sensitive Unclassified Non-Safeguards Commission, Washington, DC 20555– The NRC does not routinely edit
Information and Order Imposing 0001. comment submissions to remove
Procedures for Access to Sensitive For additional direction on obtaining identifying or contact information.
Unclassified Non-Safeguards information and submitting comments, If you are requesting or aggregating
Information see ‘‘Obtaining Information and comments from other persons for
Submitting Comments’’ in the submission to the NRC, then you should
AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION section of inform those persons not to include
Commission. this document. identifying or contact information that
ACTION: License amendment request; FOR FURTHER INFORMATION CONTACT: Kay they do not want to be publicly
notice of opportunity to comment, Goldstein, Office of Nuclear Reactor disclosed in their comment submission.
request a hearing, and petition for leave Regulation, U.S. Nuclear Regulatory Your request should state that the NRC
to intervene; order imposing Commission, Washington DC 20555– does not routinely edit comment
procedures. 0001; telephone: 301–415–1506, email: submissions to remove such information
Kay.Goldstein@nrc.gov. before making the comment
SUMMARY: The U.S. Nuclear Regulatory submissions available to the public or
Commission (NRC) received and is SUPPLEMENTARY INFORMATION:
entering the comment into ADAMS.
considering approval of one amendment I. Obtaining Information and
request. The amendment request is for II. Background
Submitting Comments
mstockstill on DSK30JT082PROD with NOTICES
Southern Nuclear Operating Company, Pursuant to Section 189a.(2) of the
Inc., Vogtle Electric Generating Plant, A. Obtaining Information Atomic Energy Act of 1954, as amended
Units 3 and 4. The proposed Please refer to Docket ID NRC–2017– (the Act), the NRC is publishing this
amendment would revise the combined 0119, facility name, unit number(s), notice. The Act requires the
licenses (COL) Appendix C (and to plant docket number, application date, Commission to publish notice of any
plant-specific Tier 1 information) and and subject when contacting the NRC amendments issued or proposed to be
associated Tier 2 information to address about the availability of information for issued, and grants the Commission the
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![26126 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
constitute a Fair Use application, changes to limit the volume of water notice may request access to SUNSI. A
participants are requested not to include available for flooding or to limit the effects ‘‘potential party’’ is any person who
copyrighted materials in their of flooding do not affect any safety-related intends to participate as a party by
equipment or function. The changes do not
submission. change the condition of any essential safety-
demonstrating standing and filing an
related equipment or structure; therefore, no admissible contention under 10 CFR
Southern Nuclear Operating Company,
new accident initiator or failure mode is 2.309. Requests for access to SUNSI
Inc., Docket Nos. 52–025 and 52–026,
created. The proposed changes do not create submitted later than 10 days after
Vogtle Electric Generating Plant, Units 3
a new fault or sequence of events that could publication of this notice will not be
and 4, Burke County, Georgia result in a radioactive release. The proposed considered absent a showing of good
Date of amendment request: March changes will not affect any safety-related cause for the late filing, addressing why
31, 2017. A publicly-available version is mitigating function. the request could not have been filed
in ADAMS under Accession No. Therefore, the proposed amendment does
not create the possibility of a new or different
earlier.
ML17090A570. C. The requester shall submit a letter
Description of amendment request: kind of accident from any accident
previously evaluated. requesting permission to access SUNSI
This amendment request contains 3. Does the proposed amendment involve to the Office of the Secretary, U.S.
sensitive unclassified non-safeguards a significant reduction in a margin of safety? Nuclear Regulatory Commission,
information (SUNSI). The amendment Response: No. Washington, DC 20555–0001, Attention:
request proposes changes to the The proposed changes to the design and Rulemakings and Adjudications Staff,
combined licenses (COL) Appendix C licensing basis flood level in the Auxiliary and provide a copy to the Associate
(and to plant-specific Tier 1 Building RCA and associated plant changes
to limit the volume of water available for
General Counsel for Hearings,
information) and associated Tier 2 Enforcement and Administration, Office
information to address mitigation of fire flooding or to limit the effects of flooding do
not affect any essential safety-related of the General Counsel, U.S. Nuclear
protection system flooding of the equipment or function. The proposed Regulatory Commission, Washington,
Auxiliary Building identified during changes do not have any effect on the ability DC 20555–0001. The expedited delivery
completion of the pipe rupture hazards of safety-related structures, systems, or or courier mail address for both offices
analysis. An exemption request relating components to perform their design basis is: U.S. Nuclear Regulatory Commission,
to the proposed changes to the AP1000 functions. The changes ensure that the 11555 Rockville Pike, Rockville,
Design Control Document Tier 1 is capability to achieve safe shutdown is
maintained. No safety analysis or design
Maryland 20852. The email address for
included with the request. the Office of the Secretary and the
Basis for proposed no significant basis acceptance limit/criterion is challenged
or exceeded by the proposed changes, thus Office of the General Counsel are
hazards consideration determination: Hearing.Docket@nrc.gov and
no margin of safety is reduced.
As required by 10 CFR 50.91(a), the Therefore, the proposed amendment does OGCmailcenter@nrc.gov, respectively.1
licensee has provided its analysis of the not involve a significant reduction in a The request must include the following
issue of no significant hazards margin of safety. information:
consideration, which is presented below (1) A description of the licensing
The NRC staff has reviewed the
with NRC staff’s edits in square action with a citation to this Federal
licensee’s analysis and, based on this
brackets: Register notice;
review, it appears that the three
1. Does the proposed amendment involve standards of 10 CFR 50.92(c) are (2) The name and address of the
a significant increase in the probability or satisfied. Therefore, the NRC staff potential party and a description of the
consequences of an accident previously potential party’s particularized interest
proposes to determine that the
evaluated?
Response: No. amendment request involves no that could be harmed by the action
The proposed changes to the design and significant hazards consideration. identified in C.(1); and
licensing basis flood level in the Auxiliary Attorney for licensee: M. Stanford (3) The identity of the individual or
Building [radiologically controlled area Blanton, Balch & Bingham LLP, 1710 entity requesting access to SUNSI and
(RCA)], and the associated plant changes to Sixth Avenue North, Birmingham, the requester’s basis for the need for the
limit the volume of water available for Alabama 35203–2015. information in order to meaningfully
flooding or to limit the effects of flooding do NRC Branch Chief: Jennifer Dixon- participate in this adjudicatory
not affect any essential safety-related Herrity. proceeding. In particular, the request
equipment or function. The changes and
affected levels of the Auxiliary Building RCA Order Imposing Procedures for Access must explain why publicly available
do not involve any accident, initiating event to Sensitive Unclassified Non- versions of the information requested
or component failure; thus, the probabilities Safeguards Information for Contention would not be sufficient to provide the
of the accidents previously evaluated are not Preparation basis and specificity for a proffered
affected. The maximum allowable leakage contention.
rate specified in the Technical Specifications Southern Nuclear Operating Company, D. Based on an evaluation of the
is unchanged, and radiological material Inc., Docket Nos. 52–025 and 52–026, information submitted under paragraph
release source terms are not affected; thus, Vogtle Electric Generating Plant, Units 3 C.(3) the NRC staff will determine
the radiological releases in the accident and 4, Burke County, Georgia
analyses are not affected.
within 10 days of receipt of the request
Therefore, the proposed amendment does A. This Order contains instructions whether:
not involve a significant increase in the regarding how potential parties to this (1) There is a reasonable basis to
probability or consequences of an accident proceeding may request access to believe the petitioner is likely to
previously evaluated. documents containing Sensitive establish standing to participate in this
mstockstill on DSK30JT082PROD with NOTICES
2. Does the proposed amendment create Unclassified Non-Safeguards NRC proceeding; and
the possibility of a new or different kind of
Information (SUNSI).
accident from any accident previously
evaluated?
B. Within 10 days after publication of 1 While a request for hearing or petition to
this notice of hearing and opportunity to intervene in this proceeding must comply with the
Response: No. filing requirements of the NRC’s ‘‘E-Filing Rule,’’
The proposed changes to the design and petition for leave to intervene, any the initial request to access SUNSI under these
licensing basis flood level in the Auxiliary potential party who believes access to procedures should be submitted as described in this
Building RCA and the associated plant SUNSI is necessary to respond to this paragraph.
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![26128 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 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
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. 2017–11211 Filed 6–5–17; 8:45 am] questions about NRC dockets to Carol please contact the NRC’s Public
BILLING CODE 7590–01–P Gallagher; telephone: 301–415–3463; Document Room (PDR) reference staff at
email: Carol.Gallagher@nrc.gov. For 1–800–397–4209, 301–415–4737, or by
technical questions, contact the email to pdr.resource@nrc.gov. The
NUCLEAR REGULATORY individual listed in the FOR FURTHER ADAMS accession number for each
COMMISSION INFORMATION CONTACT section of this document referenced (if it is available in
document. ADAMS) is provided the first time that
[NRC–2017–0131]
• Mail comments to: Cindy Bladey, it is mentioned in this document.
Biweekly Notice; Applications and Office of Administration, Mail Stop:
TWFN–8–D36M, U.S. Nuclear • NRC’s PDR: You may examine and
Amendments to Facility Operating purchase copies of public documents at
Licenses and Combined Licenses Regulatory Commission, Washington,
DC 20555–0001. the NRC’s PDR, Room O1–F21, One
Involving No Significant Hazards
For additional direction on obtaining White Flint North, 11555 Rockville
Considerations
information and submitting comments, Pike, Rockville, Maryland 20852.
AGENCY: Nuclear Regulatory see ‘‘Obtaining Information and
B. Submitting Comments
Commission. Submitting Comments’’ in the
ACTION: Biweekly notice. SUPPLEMENTARY INFORMATION section of Please include Docket ID NRC–2017–
this document. 0131, facility name, unit number(s),
SUMMARY: Pursuant to Section 189a. (2) FOR FURTHER INFORMATION CONTACT: plant docket number, application date,
of the Atomic Energy Act of 1954, as Shirley Rohrer, Office of Nuclear and subject in your comment
amended (the Act), the U.S. Nuclear Reactor Regulation, U.S. Nuclear submission.
Regulatory Commission (NRC) is Regulatory Commission, Washington,
publishing this regular biweekly notice. DC 20555–0001; telephone: 301–415– The NRC cautions you not to include
The Act requires the Commission to 5411; email: shirley.rohrer@nrc.gov. identifying or contact information that
publish notice of any amendments SUPPLEMENTARY INFORMATION:
you do not want to be publicly
issued, or proposed to be issued, and disclosed in your comment submission.
grants the Commission the authority to I. Obtaining Information and The NRC will post all comment
issue and make immediately effective Submitting Comments submissions at http://
any amendment to an operating license A. Obtaining Information www.regulations.gov as well as enter the
or combined license, as applicable, comment submissions into ADAMS.
upon a determination by the Please refer to Docket ID NRC–2017–
The NRC does not routinely edit
Commission that such amendment 0131, facility name, unit number(s),
plant docket number, application date, comment submissions to remove
involves no significant hazards identifying or contact information.
consideration, notwithstanding the and subject when contacting the NRC
about the availability of information for If you are requesting or aggregating
pendency before the Commission of a
this action. You may obtain publicly- comments from other persons for
request for a hearing from any person.
This biweekly notice includes all available information related to this submission to the NRC, then you should
notices of amendments issued, or action by any of the following methods: inform those persons not to include
• Federal Rulemaking Web site: Go to identifying or contact information that
proposed to be issued, from May 9,
http://www.regulations.gov and search they do not want to be publicly
2017, to May 22, 2017. The last
for Docket ID NRC–2017–0131. disclosed in their comment submission.
biweekly notice was published on May • NRC’s Agencywide Documents
23, 2017. Your request should state that the NRC
Access and Management System does not routinely edit comment
DATES: Comments must be filed by July (ADAMS): You may obtain publicly-
mstockstill on DSK30JT082PROD with NOTICES
6, 2017. A request for a hearing must be submissions to remove such information
available documents online in the
filed by August 7, 2017. before making the comment
ADAMS Public Documents collection at
submissions available to the public or
ADDRESSES: You may submit comments http://www.nrc.gov/reading-rm/
by any of the following methods: adams.html. To begin the search, select entering the comment into ADAMS.
• Federal Rulemaking Web site: Go to ‘‘ADAMS Public Documents’’ and then
http://www.regulations.gov and search select ‘‘Begin Web-based ADAMS
for Docket ID NRC–2017–0131. Address Search.’’ For problems with ADAMS,
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Document Created: 2017-06-06 06:21:50
Document Modified: 2017-06-06 06:21:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | License amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures. | |
| Dates | Comments must be filed by July 6, 2017. A request for a hearing must be filed by August 7, 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 June 16, 2017. | |
| Contact | Kay Goldstein, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1506, email: [email protected] | |
| FR Citation | 82 FR 26123 |
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