82 FR 37123 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 151 (August 8, 2017)

Page Range		37123-37132
FR Document		2017-16139
The U.S. Nuclear Regulatory Commission (NRC) received and is considering the approval of three amendment requests. The amendment requests are for Vermont Yankee Power Station, Virgil C. Summer Nuclear Station, Units 2 and 3; and Vogtle Electric Generating Plant, Units 3 and 4. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. Because the amendment requests contain sensitive unclassified non-safeguards information (SUNSI) and/or safeguards information (SGI), an order imposes procedures to obtain access to SUNSI and SGI for contention preparation.
Federal Register, Volume 82 Issue 151 (Tuesday, August 8, 2017)
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37123-37132]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16139]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2017-0162]


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

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; 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 the approval of three amendment requests. The amendment 
requests are for Vermont Yankee Power Station, Virgil C. Summer Nuclear 
Station, Units 2 and 3; and Vogtle Electric Generating Plant, Units 3 
and 4. For each amendment request, the NRC proposes to determine that 
they involve no significant hazards consideration. Because the 
amendment requests contain sensitive unclassified non-safeguards 
information (SUNSI) and/or safeguards information (SGI), an order 
imposes procedures to obtain access to SUNSI and SGI for contention 
preparation.

DATES: Comments must be filed by September 7, 2017. A request for a 
hearing must be filed by October 10, 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 and/or SGI is necessary to respond 
to this notice must request document access by August 18, 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-2017-0162. 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:

[[Page 37124]]

TWFN-8-D36M, 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: Shirley Rohrer, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-5411, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0162, 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-2017-0162.
     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-2017-0162, 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 and/or 
SGI.

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 Sec.  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

[[Page 37125]]

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 no later 
than 60 days from the date of publication of this notice. 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 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

[[Page 37126]]

and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC's Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the document on those participants separately. Therefore, 
applicants and other participants (or their counsel or representative) 
must apply for and receive a digital ID certificate before adjudicatory 
documents are filed so that they can obtain access to the documents via 
the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when 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.
    For further details with respect to these license amendment 
applications, see the application for amendment which is available for 
public inspection in ADAMS and at the NRC's PDR. For additional 
direction on obtaining information related to this document, see the 
``Obtaining Information and Submitting Comments'' section of this 
document.

Entergy Nuclear Operations, Inc., Docket No. 50-271, Vermont Yankee 
Nuclear Power Station (VY), Vernon, Vermont

    Date of amendment request: March 29, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17172A460.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI) and 
safeguards information (SGI). The proposed amendment would revise the 
Physical Security Plan, Training and Qualification Plan, and Safeguards 
Contingency Plan (the ``Plan'' or ``Security Plan'') at VY. The 
Security Plan will supersede the current Physical Security Plan, 
Training and Qualification Plan, and Safeguards Contingency Plan at VY. 
These changes will more fully reflect the permanently shut-down and 
defueled status of the facility, as well as the reduced scope of 
potential radiological accidents and security concerns once all spent 
fuel has been permanently moved to dry cask storage within the onsite 
VY independent spent fuel storage installation (ISFSI), an activity 
which is currently scheduled for completion in 2018.
    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.
    VY has submitted notifications pursuant to 10 CFR 50.82(a)(1) 
for permanent cessation of power reactor operations and permanent 
removal of fuel from the reactor vessel. Upon docketing of the 10 
CFR 50.82(a)(1) certifications, under 10 CFR 50.82(a)(2) the VY Part 
50 license no longer authorizes operation of the reactor or 
emplacement or retention of fuel into the reactor vessel. The 
irradiated fuel at VY is currently stored in the spent fuel pool 
(SFP) and within the ISFSI on a single pad. In this condition, the 
number of credible accidents or transients is significantly smaller 
than for a plant authorized to operate the reactor or emplace or 
retain fuel in the reactor vessel.
    Construction of a second ISFSI pad is in progress and scheduled 
for completion in 2017, to allow for complete off-load of the SFP to 
dry storage in casks within the ISFSI. The proposed ISFSI PSP 
reflects the future site configuration with offload of fuel from the 
SFP to the ISFSI, with no intention to return spent fuel to the SFP. 
In this dry fuel storage only configuration, the Fuel Handling 
Accident currently described in VY Defueled Safety Analysis Report 
(DSAR) Chapter 6 would no longer be credible. Since the proposed 
amendment would have no significant effect on facility SSCs and no 
significant effect on the capability of facility structures, 
systems, components (SSCs) to perform their design functions for any 
accident previously evaluated, it does not significantly increase 
the likelihood of the malfunction of facility SSCs and does not 
increase the probability or consequences of an accident previously 
evaluated.
    The casks are maintained in accordance with the provisions of 
the general license for the VY ISFSI, utilizing the Holtec 
International HI-STORM 100 Cask System, Certificate of Compliance 
(CoC) No. 72-1014, and in accordance with the associated Cask Final 
Safety Analysis Report (FSAR). The HI-STORM 100 Cask System consists 
of spent nuclear fuel (SNF) residing within a fuel basket structure 
contained within a sealed metallic canister, or Multi-Purpose 
Canister (MPC). The HI-STORM 100 receives and contains the sealed 
MPC for long term storage, and provides gamma and neutron shielding, 
ventilation passages, missile protection, and protection against 
natural phenomena and accidents for the MPC. Cask

[[Page 37127]]

FSAR Chapter 11, ``Accident Analysis'', Section 11.2 provides the 
evaluation of accidents for the HI-STORM 100 Cask System which 
satisfies the following minimum acceptance criteria:
     The MPC confinement boundary maintains radioactive 
material confinement,
     The MPC fuel basket structure maintains the fuel 
contents subcritical,
     The stored SNF can be retrieved by normal means and
     The system provides adequate shielding.
    The HI-STORM 100 Cask System provides the spent nuclear fuel and 
radioactive material in storage with confinement, radiation 
shielding, criticality and passive heat removal, independent of 
other facility SSCs.
    Security modifications associated with this proposed amendment 
include new security systems for lighting, intruder detection 
systems, protected area boundary fencing, access control systems, 
telecommunications equipment, a vehicle barrier system, and a 
central alarm station. These security modifications do not 
significantly affect the ability of the Cask System and MPC to 
perform their functions as described in the Cask FSAR. Hence the 
proposed amendment has no effect on the ability of the Cask System 
to perform its design function nor would it increase the likelihood 
of an accident previously evaluated.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of a previously 
evaluated accident.
    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 amendment does not involve any physical alteration 
of any facility SSCs or Cask System components required to mitigate 
or prevent any accident previously evaluated, and does not have a 
significant effect on the capability of any facility SSC or Cask 
System component to perform its design functions. Thus, the proposed 
amendment does not create any initiators or precursors of a new or 
different kind of accident than previously evaluated. Likewise, the 
proposed amendment does not create the possibility of a new failure 
mode associated with any SSC malfunction or personnel errors that 
could result in a new or different kind of accident. Since the 
proposed amendment does not significantly affect any Cask System 
components, the credible events for the ISFSI are not changed.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    Pursuant to 10 CFR 50.82(a)(2), the 10 CFR part 50 license for 
VY no longer authorizes operation of the reactor or emplacement or 
retention of fuel into the reactor vessel, therefore the occurrence 
of any postulated accidents associated with an operating nuclear 
reactor is no longer credible. The proposed changes would not be 
effective until after the transfer of spent fuel to the ISFSI is 
complete, with no intent to return spent fuel to the spent fuel 
pool, therefore the fuel handling accident described in VY DSAR 
Chapter 6 would no longer be credible in this configuration. The 
proposed amendment does not involve a significant change in any 
facility SSC or Cask System component's design, configuration, or 
operation. Therefore the modifications associated with this proposed 
amendment do not significantly affect the capability or manner in 
which facility SSCs or Cask System components perform their safety 
functions or the safety margins associated with their design and 
function.
    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: Susan Raimo, Senior Counsel, Entergy 
Services, Inc., 101 Constitution Ave. NW., Suite 200 East, Washington, 
DC 20001.
    NRC Branch Chief: Bruce Watson, CHP.

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

    Date of amendment request: June 19, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17170A339.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
requested amendment proposes changes to combined operating license 
(COL) Appendix C (and to plant-specific Tier 1 information), and 
associated Tier 2 information to remove the west walls of containment 
air filtration exhaust rooms A and B in the annex building to 
facilitate ease of access to equipment in the room during installation 
and maintenance. Pursuant to the provisions of 10 CFR 52.63(b)(1), an 
exemption from elements of the design as certified in the 10 CFR part 
52, Appendix D, design certification rule is also requested for the 
plant-specific Design Control Document Tier 1 material departures.
    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.

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed activity removes radiation shield walls from the 
west end of the containment air filtration exhaust rooms A and B 
(Rooms 40551 and 40552) to facilitate installation, access and 
maintenance of filtration equipment. The removal of the walls 
results in increased levels of radiation; however, the increase does 
not change the radiation level classification of the area including 
the Zone 2 designation for the staging and storage area or the Zone 
3 designation of Rooms 40551 and 40552. It is expected that by 
removing the walls, occupational doses are reduced through a 
reduction in expected occupancy time when personnel are required to 
access the filtration units. Radiation licensing commitments are met 
without consideration of the shield walls. The radiation levels 
associated with the equipment are not changed. No specific accident 
sequences for the containment air filtration units are analyzed or 
described in the licensing bases, apart from the information in 
UFSAR [Updated Final Safety Analysis Report] Subsection 12.3.3.5, 
which remains valid and is not adversely affected. The removed walls 
are not relied upon to mitigate evaluated accidents described in 
UFSAR Ch. 6 or 15 and are not credited for aircraft impact 
assessment. There are no changes to remaining walls that provide 
shielding in the area.
    No safety-related structure, system, component (SSC) or function 
is adversely affected by this change. The change does not involve an 
interface with any SSC accident initiator or initiating sequence of 
events, and thus, the probabilities of the accidents evaluated in 
the plant-specific UFSAR are not affected. The proposed changes do 
not involve a change to the predicted radiological releases due to 
postulated accident conditions, thus, the consequences of the 
accidents evaluated in the UFSAR 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 activity to remove the radiation shield walls from 
the west end of the containment air filtration exhaust rooms A and B 
(Rooms 40551 and 40552) does not create a new or different kind of 
accident previously evaluated as the removal of the walls does not 
change equipment in the affected room or functions of SSCs. 
Radiation levels are maintained for each designated zone in the 
affected Rooms 40551 and 40552 and the nearby areas including the 
security room, the storage and staging area, and the auxiliary 
building. Surface dose rates for the filtration equipment are not 
changed by this activity.
    The proposed activity does not adversely affect any safety-
related equipment, and do

[[Page 37128]]

not add any new interfaces to safety-related SSCs that adversely 
affect safety functions. No system or design function or equipment 
qualification is adversely affected by these changes as the change 
does not modify any SSCs that prevent safety functions from being 
performed. The changes do not introduce a new failure mode, 
malfunction or sequence of events that could adversely affect safety 
or safety-related equipment.
    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.
    Designated radiation level identified for the containment air 
filtration exhaust rooms A and B (Rooms 40551 and 40552) in UFSAR 
Figure 12.3-1 (Sheet 13) are unchanged. Radiation levels are 
determined for Room 40550 with removal of the walls and are 
calculated to be approximately 0.42 mRem/hr {milli/roentgen 
equivalent man/hour{time} . This radiation dose is within the 
radiation levels of <= 2.5 mRem/hr designated for the Zone 2 
designation of these rooms. The different zones have varying level 
of access control that function to limit worker exposure. Because of 
the radiation protection controls, a potential increase in the dose 
rates in an area does not necessarily lead to a corresponding 
increase in worker exposure and can still be consistent with the 
ALARA [as low as reasonably achievable] principle. The change 
continues to comply with the applicable ALARA design considerations 
discussed in UFSAR Subsection 12.1.2.3. Removal of the walls support 
reduced duration of radiation exposure due to the improved access to 
Rooms 40551 and 40552 to perform maintenance activities to the 
filtration units. Therefore, the overall impact to occupational 
doses is not adverse. Radiation sources are not changed by the 
proposed activity. No safety analysis or design basis acceptance 
limit/criterion is challenged or exceeded by the proposed changes.
    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: Kathryn M. Sutton, Morgan, Lewis & Bockius 
LLC, 1111 Pennsylvania Avenue NW., Washington, DC, 20004-2514.
    NRC Branch Chief: Jennifer Dixon-Herrity.

Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia

    Date of amendment request: May 24, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17144A413.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
requested amendment proposes changes to combined operating license 
(COL) Appendix C (and to plant-specific Tier 1 information), and 
associated Tier 2 information to remove the west walls of containment 
air filtration exhaust rooms A and B in the annex building to 
facilitate ease of access to equipment in the room during installation 
and maintenance. Pursuant to the provisions of 10 CFR 52.63(b)(1), an 
exemption from elements of the design as certified in the 10 CFR part 
52, Appendix D, design certification rule is also requested for the 
plant-specific Design Control Document Tier 1 material departures.
    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 activity removes radiation shield walls from the 
west end of the containment air filtration exhaust rooms A and B 
(Rooms 40551 and 40552) to facilitate installation, access and 
maintenance of filtration equipment. The removal of the walls 
results in increased levels of radiation; however, the increase does 
not change the radiation level classification of the area including 
the Zone 2 designation for the staging and storage area or the Zone 
3 designation of Rooms 40551 and 40552. It is expected that by 
removing the walls, occupational doses are reduced through a 
reduction in expected occupancy time when personnel are required to 
access the filtration units.
    Radiation licensing commitments are met without consideration of 
the shield walls. The radiation levels associated with the equipment 
are not changed. No specific accident sequences for the containment 
air filtration units are analyzed or described in the licensing 
bases, apart from the information in Updated Final Safety Analysis 
Report (UFSAR) Subsection 12.3.3.5, which remains valid and is not 
adversely affected. The removed walls are not relied upon to 
mitigate evaluated accidents described in UFSAR Ch. [chapter] 6 or 
15 and are not credited for aircraft impact assessment. There are no 
changes to remaining walls that provide shielding in the area.
    No safety-related structure, system, component (SSC) or function 
is adversely affected by this change. The change does not involve an 
interface with any SSC accident initiator or initiating sequence of 
events, and thus, the probabilities of the accidents evaluated in 
the plant-specific UFSAR are not affected. The proposed changes do 
not involve a change to the predicted radiological releases due to 
postulated accident conditions, thus, the consequences of the 
accidents evaluated in the UFSAR 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 activity to remove the radiation shield walls from 
the west end of the containment air filtration exhaust rooms A and B 
(Rooms 40551 and 40552) does not create a new or different kind of 
accident previously evaluated as the removal of the walls does not 
change equipment in the affected room or functions of SSCs. 
Radiation levels are maintained for each designated zone in the 
affected Rooms 40551 and 40552 and the nearby areas including the 
security room, the storage and staging area, and the auxiliary 
building. Surface dose rates for the filtration equipment are not 
changed by this activity.
    The proposed activity does not adversely affect any safety-
related equipment, and do not add any new interfaces to safety-
related SSCs that adversely affect safety functions. No system or 
design function or equipment qualification is adversely affected by 
these changes as the change does not modify any SSCs that prevent 
safety functions from being performed. The changes do not introduce 
a new failure mode, malfunction or sequence of events that could 
adversely affect safety or safety-related equipment.
    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.
    Designated radiation level identified for the containment air 
filtration exhaust rooms A and B (Rooms 40551 and 40552) in UFSAR 
Figure 12.3-1 (Sheet 13) are unchanged. Radiation levels are 
determined for Room 40550 with removal of the walls and are 
calculated to be approximately 0.42 mRem/hr [milli/roentgen 
equivalent man/hour]. This radiation dose is within the radiation 
levels of <= 2.5 mRem/hr designated for the Zone 2 designation of 
these rooms. The different zones have varying level of access 
control that function to limit worker exposure. Because of the 
radiation protection controls, a potential increase in the dose 
rates in an area does not necessarily lead to a corresponding 
increase in worker exposure and can still be consistent with the 
ALARA [as low as reasonably achievable] principle. The change 
continues to comply with the applicable ALARA design considerations 
discussed in UFSAR Subsection 12.1.2.3. Removal of the walls support 
reduced duration of radiation exposure due to the

[[Page 37129]]

improved access to Rooms 40551 and 40552 to perform maintenance 
activities to the filtration units. Therefore, the overall impact to 
occupational doses is not adverse. Radiation sources are not changed 
by the proposed activity. No safety analysis or design basis 
acceptance limit/criterion is challenged or exceeded by the proposed 
changes.
    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: M. Stanford Blanton, Balch & Bingham LLP, 
1710 Sixth Avenue North, Birmingham, AL 35203-2015.
    NRC Branch Chief: Jennifer Dixon-Herrity.

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

Entergy Nuclear Operations, Inc., Docket No. 50-271, Vermont Yankee 
Nuclear Power Station, Vernon, Vermont

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

Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)). 
Requirements for access to SGI are primarily set forth in 10 CFR parts 
2 and 73. Nothing in this Order is intended to conflict with the SGI 
regulations.
    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 or SGI is necessary to respond to this notice 
may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication 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 requestor shall submit a letter requesting permission to 
access SUNSI, SGI, or both 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 and/or SGI 
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);
    (3) If the request is for SUNSI, the identity of the individual or 
entity requesting access to SUNSI and the requestor'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; and
    (4) If the request is for SGI, the identity of each individual who 
would have access to SGI if the request is granted, including the 
identity of any expert, consultant, or assistant who will aid the 
requestor in evaluating the SGI. In addition, the request must contain 
the following information:
    (a) A statement that explains each individual's ``need to know'' 
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent 
with the definition of ``need to know'' as stated in 10 CFR 73.2, the 
statement must explain:
    (i) Specifically why the requestor believes that the information is 
necessary to enable the requestor to proffer and/or adjudicate a 
specific contention in this proceeding; \2\ and
---------------------------------------------------------------------------

    \2\ Broad SGI requests under these procedures are unlikely to 
meet the standard for need to know; furthermore, NRC staff redaction 
of information from requested documents before their release may be 
appropriate to comport with this requirement. These procedures do 
not authorize unrestricted disclosure or less scrutiny of a 
requestor's need to know than ordinarily would be applied in 
connection with an already-admitted contention or non-adjudicatory 
access to SGI.
---------------------------------------------------------------------------

    (ii) The technical competence (demonstrable knowledge, skill, 
training or education) of the requestor to effectively utilize the 
requested SGI to provide the basis and specificity for a proffered 
contention. The technical competence of a potential party or its 
counsel may be shown by reliance on a qualified expert, consultant, or 
assistant who satisfies these criteria.
    (b) A completed Form SF-85, ``Questionnaire for Non-Sensitive 
Positions,'' for each individual who would have access to SGI. The 
completed Form SF-85 will be used by the Office of Administration to 
conduct the background check required for access to SGI, as required by 
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the 
requestor's trustworthiness and reliability. For security reasons, Form 
SF-85 can only be submitted electronically through the electronic 
questionnaire for investigations processing (e-QIP) Web site, a secure 
Web site that is owned and operated by the Office of Personnel 
Management. To obtain online access to the form, the requestor should 
contact the NRC's Office of Administration at 301-415-3710.\3\
---------------------------------------------------------------------------

    \3\ The requestor will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and email address. After providing this information, the requestor 
usually should be able to obtain access to the online form within 
one business day.
---------------------------------------------------------------------------

    (c) A completed Form FD-258 (fingerprint card), signed in original 
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form 
FD-258 may be obtained by writing the Office of Administrative 
Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, or by email to 
[email protected]. The fingerprint card will be used to satisfy 
the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and 
Section 149 of the Atomic Energy Act of 1954, as amended, which 
mandates that all persons with access to SGI must be

[[Page 37130]]

fingerprinted for an FBI identification and criminal history records 
check.
    (d) A check or money order payable in the amount of $324.00 \4\ to 
the U.S. Nuclear Regulatory Commission for each individual for whom the 
request for access has been submitted.
---------------------------------------------------------------------------

    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
---------------------------------------------------------------------------

    (e) If the requestor or any individual(s) who will have access to 
SGI believes they belong to one or more of the categories of 
individuals that are exempt from the criminal history records check and 
background check requirements in 10 CFR 73.59, the requestor should 
also provide a statement identifying which exemption the requestor is 
invoking and explaining the requestor's basis for believing that the 
exemption applies. While processing the request, the Office of 
Administration, Personnel Security Branch, will make a final 
determination whether the claimed exemption applies. Alternatively, the 
requestor may contact the Office of Administration for an evaluation of 
their exemption status prior to submitting their request. Persons who 
are exempt from the background check are not required to complete the 
SF-85 or Form FD-258; however, all other requirements for access to 
SGI, including the need to know, are still applicable.
    Note: Copies of documents and materials required by paragraphs 
C.(4)(b), (c), and (d) of this Order must be sent to the following 
address: U.S. Nuclear Regulatory Commission, ATTN: Personnel Security 
Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike, Rockville, MD 
20852.
    These documents and materials should not be included with the 
request letter to the Office of the Secretary, but the request letter 
should state that the forms and fees have been submitted as required.
    D. To avoid delays in processing requests for access to SGI, the 
requestor should review all submitted materials for completeness and 
accuracy (including legibility) before submitting them to the NRC. The 
NRC will return incomplete packages to the sender without processing.
    E. Based on an evaluation of the information submitted under 
paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.
    F. For requests for access to SUNSI, if the NRC staff determines 
that the requestor satisfies both E.(1) and E.(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 setting forth 
terms and conditions to prevent the unauthorized or inadvertent 
disclosure of SUNSI by each individual who will be granted access to 
SUNSI.\5\
---------------------------------------------------------------------------

    \5\ 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.
---------------------------------------------------------------------------

    G. For requests for access to SGI, if the NRC staff determines that 
the requestor has satisfied both E.(1) and E.(2) above, the Office of 
Administration will then determine, based upon completion of the 
background check, whether the proposed recipient is trustworthy and 
reliable, as required for access to SGI by 10 CFR 73.22(b). If the 
Office of Administration determines that the individual or individuals 
are trustworthy and reliable, the NRC will promptly notify the 
requestor in writing. The notification will provide the names of 
approved individuals as well as the conditions under which the SGI will 
be provided. Those conditions may include, but are not limited to, the 
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 
\6\ by each individual who will be granted access to SGI.
---------------------------------------------------------------------------

    \6\ Any motion for Protective Order or draft Non-Disclosure 
Agreement or Affidavit for SGI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 180 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    H. Release and Storage of SGI. Prior to providing SGI to the 
requestor, the NRC staff will conduct (as necessary) an inspection to 
confirm that the recipient's information protection system is 
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, 
recipients may opt to view SGI at an approved SGI storage location 
rather than establish their own SGI protection program to meet SGI 
protection requirements.
    I. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI or SGI 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 or SGI contentions by that later 
deadline.
    J. Review of Denials of Access.
    (1) If the request for access to SUNSI or SGI is denied by the NRC 
staff either after a determination on standing and requisite need, or 
after a determination on trustworthiness and reliability, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) Before the Office of Administration makes a final adverse 
determination regarding the trustworthiness and reliability of the 
proposed recipient(s) for access to SGI, the Office of Administration, 
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed 
recipient(s) any records that were considered in the trustworthiness 
and reliability determination, including those required to be provided 
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an 
opportunity to correct or explain the record.
    (3) The requestor may challenge the NRC staff's adverse 
determination with respect to access to SUNSI or with respect to 
standing or need to know for SGI 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.
    (4) The requestor may challenge the Office of Administration's 
final adverse determination with respect to trustworthiness and 
reliability for access to SGI by filing a request for review in 
accordance with 10 CFR 2.336(f)(1)(iv).
    (5) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    K. Review of Grants of Access. A party other than the requestor 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

[[Page 37131]]

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.\7\
---------------------------------------------------------------------------

    \7\ Requestors 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/SGI 
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    L. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI or SGI, 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 26th of July, 2017.

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

------------------------------------------------------------------------
           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) and/or Safeguards
                            Information (SGI) 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;
                            demonstrating that access should be granted
                            (e.g., showing technical competence for
                            access to SGI); and, for SGI, including
                            application fee for fingerprint/background
                            check.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; (ii) all contentions whose
                            formulation does not require access to SUNSI
                            and/or SGI (+25 Answers to petition for
                            intervention; +7 requestor/petitioner
                            reply).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requestor of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows (1)
                            need for SUNSI or (2) need to know for SGI.
                            (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).
                            If NRC staff makes the finding of need to
                            know for SGI and likelihood of standing, NRC
                            staff begins background check (including
                            fingerprinting for a criminal history
                            records check), information processing
                            (preparation of redactions or review of
                            redacted documents), and readiness
                            inspections.
25.......................  If NRC staff finds no ``need,'' no ``need to
                            know,'' or no likelihood of standing, the
                            deadline for requestor/petitioner 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.
190......................  (Receipt +180) If NRC staff finds standing,
                            need to know for SGI, and trustworthiness
                            and reliability, deadline for NRC staff to
                            file motion for Protective Order and draft
                            Non-disclosure Affidavit (or to make a
                            determination that the proposed recipient of
                            SGI is not trustworthy or reliable). Note:
                            Before the Office of Administration makes a
                            final adverse determination regarding access
                            to SGI, the proposed recipient must be
                            provided an opportunity to correct or
                            explain information.
205......................  Deadline for petitioner to seek reversal of a
                            final adverse NRC staff trustworthiness or
                            reliability determination under 10 CFR
                            2.336(f)(1)(iv).
A........................  If access granted: Issuance of a decision by
                            a presiding officer or other designated
                            officer 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 and/or
                            SGI consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI and/
                            or SGI. 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 or SGI contentions by that later
                            deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI and/or SGI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
                           Order and draft Non-Disclosure Affidavit.
                            Deadline for applicant/licensee to file Non-
                            Disclosure Agreement for SUNSI.
190......................  (Receipt +180) If NRC staff finds standing,
                            need to know for SGI, and trustworthiness
                            and reliability, deadline for NRC staff to
                            file motion for Protective Order and draft
                            Non-disclosure Affidavit (or to make a
                            determination that the proposed recipient of
                            SGI is not trustworthy or reliable). Note:
                            Before the Office of Administration makes a
                            final adverse determination regarding access
                            to SGI, the proposed recipient must be
                            provided an opportunity to correct or
                            explain information.
205......................  Deadline for petitioner to seek reversal of a
                            final adverse NRC staff trustworthiness or
                            reliability determination under 10 CFR
                            2.336(f)(1)(iv).

[[Page 37132]]

 
A........................  If access granted: Issuance of a decision by
                            a presiding officer or other designated
                            officer 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 and/or
                            SGI consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI and/
                            or SGI. 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 or SGI contentions by that later
                            deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI and/or SGI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2017-16139 Filed 8-7-17; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices 37125

order which may be entered in the Commission may issue the amendment proceeding prior to the submission of a
proceeding on the petitioner’s interest. and make it immediately effective, request for hearing or petition to
In accordance with 10 CFR 2.309(f), notwithstanding the request for a intervene, and documents filed by
the petition must also set forth the hearing. Any hearing would take place interested governmental entities that
specific contentions which the after issuance of the amendment. If the request to participate under 10 CFR
petitioner seeks to have litigated in the final determination is that the 2.315(c), must be filed in accordance
proceeding. Each contention must amendment request involves a with the NRC’s E-Filing rule (72 FR
consist of a specific statement of the significant hazards consideration, then 49139; August 28, 2007, as amended at
issue of law or fact to be raised or any hearing held would take place 77 FR 46562, August 3, 2012). The E-
controverted. In addition, the petitioner before the issuance of the amendment Filing process requires participants to
must provide a brief explanation of the unless the Commission finds an submit and serve all adjudicatory
bases for the contention and a concise imminent danger to the health or safety documents over the internet, or in some
statement of the alleged facts or expert of the public, in which case it will issue cases to mail copies on electronic
opinion which support the contention an appropriate order or rule under 10 storage media. Detailed guidance on
and on which the petitioner intends to CFR part 2. making electronic submissions may be
rely in proving the contention at the A State, local governmental body, found in the Guidance for Electronic
hearing. The petitioner must also Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC
provide references to the specific agency thereof, may submit a petition to Web site at http://www.nrc.gov/site-
sources and documents on which the the Commission to participate as a party help/e-submittals.html. Participants
petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their
position on the issue. The petition must should state the nature and extent of the filings unless they seek an exemption in
include sufficient information to show petitioner’s interest in the proceeding. accordance with the procedures
that a genuine dispute exists with the The petition should be submitted to the described below.
applicant or licensee on a material issue Commission no later than 60 days from To comply with the procedural
of law or fact. Contentions must be the date of publication of this notice. requirements of E-Filing, at least 10
limited to matters within the scope of The petition must be filed in accordance days prior to the filing deadline, the
the proceeding. The contention must be with the filing instructions in the participant should contact the Office of
one which, if proven, would entitle the ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at
petitioner to relief. A petitioner who section of this document, and should hearing.docket@nrc.gov, or by telephone
fails to satisfy the requirements at 10 meet the requirements for petitions set at 301–415–1677, to (1) request a digital
CFR 2.309(f) with respect to at least one forth in this section, except that under identification (ID) certificate, which
contention will not be permitted to 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or
participate as a party. governmental body, or Federally- representative) to digitally sign
Those permitted to intervene become recognized Indian Tribe, or agency submissions and access the E-Filing
parties to the proceeding, subject to any thereof does not need to address the system for any proceeding in which it
limitations in the order granting leave to standing requirements in 10 CFR is participating; and (2) advise the
intervene. Parties have the opportunity 2.309(d) if the facility is located within Secretary that the participant will be
to participate fully in the conduct of the its boundaries. Alternatively, a State, submitting a petition or other
hearing with respect to resolution of local governmental body, Federally- adjudicatory document (even in
that party’s admitted contentions, recognized Indian Tribe, or agency instances in which the participant, or its
including the opportunity to present thereof may participate as a non-party counsel or representative, already holds
evidence, consistent with the NRC’s under 10 CFR 2.315(c). an NRC-issued digital ID certificate).
regulations, policies, and procedures. If a hearing is granted, any person Based upon this information, the
Petitions must be filed no later than who is not a party to the proceeding and Secretary will establish an electronic
60 days from the date of publication of is not affiliated with or represented by docket for the hearing in this proceeding
this notice. Petitions and motions for a party may, at the discretion of the if the Secretary has not already
leave to file new or amended presiding officer, be permitted to make established an electronic docket.
contentions that are filed after the a limited appearance pursuant to the Information about applying for a
deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the
a determination by the presiding officer making a limited appearance may make NRC’s public Web site at http://
that the filing demonstrates good cause an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/
by satisfying the three factors in 10 CFR position on the issues but may not getting-started.html. Once a participant
2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. has obtained a digital ID certificate and
must be filed in accordance with the A limited appearance may be made at a docket has been created, the
filing instructions in the ‘‘Electronic any session of the hearing or at any participant can then submit
Submissions (E-Filing)’’ section of this prehearing conference, subject to the adjudicatory documents. Submissions
document. limits and conditions as may be must be in Portable Document Format
If a hearing is requested, and the imposed by the presiding officer. Details (PDF). Additional guidance on PDF
Commission has not made a final regarding the opportunity to make a submissions is available on the NRC’s
determination on the issue of no limited appearance will be provided by public Web site at http://www.nrc.gov/
asabaliauskas on DSKBBXCHB2PROD with NOTICES

significant hazards consideration, the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A
Commission will make a final scheduled. filing is considered complete at the time
determination on the issue of no the document is submitted through the
significant hazards consideration. The B. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an
final determination will serve to All documents filed in NRC electronic filing must be submitted to
establish when the hearing is held. If the adjudicatory proceedings, including a the E-Filing system no later than 11:59
final determination is that the request for hearing and petition for p.m. Eastern Time on the due date.
amendment request involves no leave to intervene (petition), any motion Upon receipt of a transmission, the E-
significant hazards consideration, the or other document filed in the Filing system time-stamps the document

VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices 37127

FSAR Chapter 11, ‘‘Accident Analysis’’, until after the transfer of spent fuel to the 1. Does the proposed amendment involve
Section 11.2 provides the evaluation of ISFSI is complete, with no intent to return a significant increase in the probability or
accidents for the HI–STORM 100 Cask spent fuel to the spent fuel pool, therefore the consequences of an accident previously
System which satisfies the following fuel handling accident described in VY evaluated?
minimum acceptance criteria: DSAR Chapter 6 would no longer be credible Response: No.
• The MPC confinement boundary in this configuration. The proposed The proposed activity removes radiation
maintains radioactive material confinement, amendment does not involve a significant shield walls from the west end of the
• The MPC fuel basket structure maintains change in any facility SSC or Cask System containment air filtration exhaust rooms A
the fuel contents subcritical, component’s design, configuration, or and B (Rooms 40551 and 40552) to facilitate
• The stored SNF can be retrieved by operation. Therefore the modifications installation, access and maintenance of
normal means and associated with this proposed amendment do filtration equipment. The removal of the
• The system provides adequate shielding. not significantly affect the capability or walls results in increased levels of radiation;
The HI–STORM 100 Cask System provides manner in which facility SSCs or Cask however, the increase does not change the
the spent nuclear fuel and radioactive System components perform their safety radiation level classification of the area
material in storage with confinement, functions or the safety margins associated including the Zone 2 designation for the
radiation shielding, criticality and passive with their design and function. staging and storage area or the Zone 3
heat removal, independent of other facility Therefore, the proposed amendment does designation of Rooms 40551 and 40552. It is
SSCs. not involve a significant reduction in a expected that by removing the walls,
Security modifications associated with this margin of safety. occupational doses are reduced through a
proposed amendment include new security reduction in expected occupancy time when
systems for lighting, intruder detection The NRC staff has reviewed the personnel are required to access the filtration
systems, protected area boundary fencing, licensee’s analysis and, based on this units. Radiation licensing commitments are
access control systems, telecommunications review, it appears that the three met without consideration of the shield
equipment, a vehicle barrier system, and a standards of 10 CFR 50.92(c) are walls. The radiation levels associated with
central alarm station. These security satisfied. Therefore, the NRC staff the equipment are not changed. No specific
modifications do not significantly affect the accident sequences for the containment air
proposes to determine that the
ability of the Cask System and MPC to filtration units are analyzed or described in
perform their functions as described in the amendment request involves no the licensing bases, apart from the
Cask FSAR. Hence the proposed amendment significant hazards consideration. information in UFSAR [Updated Final Safety
has no effect on the ability of the Cask Attorney for licensee: Susan Raimo, Analysis Report] Subsection 12.3.3.5, which
System to perform its design function nor Senior Counsel, Entergy Services, Inc., remains valid and is not adversely affected.
would it increase the likelihood of an 101 Constitution Ave. NW., Suite 200 The removed walls are not relied upon to
accident previously evaluated. East, Washington, DC 20001. mitigate evaluated accidents described in
Therefore, the proposed amendment does UFSAR Ch. 6 or 15 and are not credited for
not involve a significant increase in the NRC Branch Chief: Bruce Watson, aircraft impact assessment. There are no
probability or consequences of a previously CHP. changes to remaining walls that provide
evaluated accident. South Carolina Electric & Gas Company, shielding in the area.
2. Does the proposed amendment create No safety-related structure, system,
Docket Nos. 52–027 and 52–028, Virgil
the possibility of a new or different kind of component (SSC) or function is adversely
accident from any accident previously C. Summer Nuclear Station, Units 2 and affected by this change. The change does not
evaluated? 3, Fairfield County, South Carolina involve an interface with any SSC accident
Response: No. Date of amendment request: June 19, initiator or initiating sequence of events, and
The proposed amendment does not involve thus, the probabilities of the accidents
2017. A publicly-available version is in
any physical alteration of any facility SSCs evaluated in the plant-specific UFSAR are
or Cask System components required to ADAMS under Accession No. not affected. The proposed changes do not
mitigate or prevent any accident previously ML17170A339. involve a change to the predicted radiological
evaluated, and does not have a significant Description of amendment request: releases due to postulated accident
effect on the capability of any facility SSC or This amendment request contains conditions, thus, the consequences of the
Cask System component to perform its design sensitive unclassified non-safeguards accidents evaluated in the UFSAR are not
functions. Thus, the proposed amendment information (SUNSI). The requested affected.
does not create any initiators or precursors of amendment proposes changes to Therefore, the proposed amendment does
a new or different kind of accident than not involve a significant increase in the
previously evaluated. Likewise, the proposed
combined operating license (COL) probability or consequences of an accident
amendment does not create the possibility of Appendix C (and to plant-specific Tier previously evaluated.
a new failure mode associated with any SSC 1 information), and associated Tier 2 2. Does the proposed amendment create
malfunction or personnel errors that could information to remove the west walls of the possibility of a new or different kind of
result in a new or different kind of accident. containment air filtration exhaust rooms accident from any accident previously
Since the proposed amendment does not A and B in the annex building to evaluated?
significantly affect any Cask System facilitate ease of access to equipment in Response: No.
components, the credible events for the ISFSI the room during installation and The proposed activity to remove the
are not changed. maintenance. Pursuant to the provisions radiation shield walls from the west end of
Therefore, the proposed amendment does the containment air filtration exhaust rooms
not create the possibility of a new or different
of 10 CFR 52.63(b)(1), an exemption A and B (Rooms 40551 and 40552) does not
kind of accident from any previously from elements of the design as certified create a new or different kind of accident
evaluated. in the 10 CFR part 52, Appendix D, previously evaluated as the removal of the
3. Does the proposed amendment involve design certification rule is also walls does not change equipment in the
a significant reduction in a margin of safety? requested for the plant-specific Design affected room or functions of SSCs. Radiation
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Response: No. Control Document Tier 1 material levels are maintained for each designated
Pursuant to 10 CFR 50.82(a)(2), the 10 CFR departures. zone in the affected Rooms 40551 and 40552
part 50 license for VY no longer authorizes and the nearby areas including the security
Basis for proposed no significant
operation of the reactor or emplacement or room, the storage and staging area, and the
retention of fuel into the reactor vessel, hazards consideration determination: auxiliary building. Surface dose rates for the
therefore the occurrence of any postulated As required by 10 CFR 50.91(a), the filtration equipment are not changed by this
accidents associated with an operating licensee has provided its analysis of the activity.
nuclear reactor is no longer credible. The issue of no significant hazards The proposed activity does not adversely
proposed changes would not be effective consideration. affect any safety-related equipment, and do

VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1
37128 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

not add any new interfaces to safety-related ADAMS under Accession No. initiator or initiating sequence of events, and
SSCs that adversely affect safety functions. ML17144A413. thus, the probabilities of the accidents
No system or design function or equipment Description of amendment request: evaluated in the plant-specific UFSAR are
qualification is adversely affected by these not affected. The proposed changes do not
This amendment request contains
changes as the change does not modify any involve a change to the predicted radiological
SSCs that prevent safety functions from being sensitive unclassified non-safeguards releases due to postulated accident
performed. The changes do not introduce a information (SUNSI). The requested conditions, thus, the consequences of the
new failure mode, malfunction or sequence amendment proposes changes to accidents evaluated in the UFSAR are not
of events that could adversely affect safety or combined operating license (COL) affected.
safety-related equipment. Appendix C (and to plant-specific Tier Therefore, the proposed amendment does
Therefore, the requested amendment does 1 information), and associated Tier 2 not involve a significant increase in the
not create the possibility of a new or different information to remove the west walls of probability or consequences of an accident
kind of accident from any accident previously evaluated.
containment air filtration exhaust rooms
previously evaluated. 2. Does the proposed amendment create
3. Does the proposed amendment involve A and B in the annex building to the possibility of a new or different kind of
a significant reduction in a margin of safety? facilitate ease of access to equipment in accident from any accident previously
Response: No. the room during installation and evaluated?
Designated radiation level identified for maintenance. Pursuant to the provisions Response: No.
the containment air filtration exhaust rooms of 10 CFR 52.63(b)(1), an exemption The proposed activity to remove the
A and B (Rooms 40551 and 40552) in UFSAR from elements of the design as certified radiation shield walls from the west end of
Figure 12.3–1 (Sheet 13) are unchanged. in the 10 CFR part 52, Appendix D, the containment air filtration exhaust rooms
Radiation levels are determined for Room A and B (Rooms 40551 and 40552) does not
design certification rule is also
40550 with removal of the walls and are create a new or different kind of accident
calculated to be approximately 0.42 mRem/ requested for the plant-specific Design previously evaluated as the removal of the
hr {milli/roentgen equivalent man/hour}. Control Document Tier 1 material walls does not change equipment in the
This radiation dose is within the radiation departures. affected room or functions of SSCs. Radiation
levels of ≤ 2.5 mRem/hr designated for the Basis for proposed no significant levels are maintained for each designated
Zone 2 designation of these rooms. The hazards consideration determination: zone in the affected Rooms 40551 and 40552
different zones have varying level of access As required by 10 CFR 50.91(a), the and the nearby areas including the security
control that function to limit worker licensee has provided its analysis of the room, the storage and staging area, and the
exposure. Because of the radiation protection auxiliary building. Surface dose rates for the
issue of no significant hazards
controls, a potential increase in the dose rates filtration equipment are not changed by this
in an area does not necessarily lead to a consideration, which is presented
activity.
corresponding increase in worker exposure below: The proposed activity does not adversely
and can still be consistent with the ALARA 1. Does the proposed amendment involve affect any safety-related equipment, and do
[as low as reasonably achievable] principle. a significant increase in the probability or not add any new interfaces to safety-related
The change continues to comply with the consequences of an accident previously SSCs that adversely affect safety functions.
applicable ALARA design considerations evaluated? No system or design function or equipment
discussed in UFSAR Subsection 12.1.2.3. Response: No. qualification is adversely affected by these
Removal of the walls support reduced The proposed activity removes radiation changes as the change does not modify any
duration of radiation exposure due to the shield walls from the west end of the SSCs that prevent safety functions from being
improved access to Rooms 40551 and 40552 containment air filtration exhaust rooms A performed. The changes do not introduce a
to perform maintenance activities to the and B (Rooms 40551 and 40552) to facilitate new failure mode, malfunction or sequence
filtration units. Therefore, the overall impact installation, access and maintenance of of events that could adversely affect safety or
to occupational doses is not adverse. filtration equipment. The removal of the safety-related equipment.
Radiation sources are not changed by the walls results in increased levels of radiation; Therefore, the requested amendment does
proposed activity. No safety analysis or however, the increase does not change the not create the possibility of a new or different
design basis acceptance limit/criterion is radiation level classification of the area kind of accident from any accident
challenged or exceeded by the proposed including the Zone 2 designation for the previously evaluated.
changes. staging and storage area or the Zone 3 3. Does the proposed amendment involve
Therefore, the requested amendment does designation of Rooms 40551 and 40552. It is a significant reduction in a margin of safety?
not involve a significant reduction in a expected that by removing the walls, Response: No.
margin of safety. occupational doses are reduced through a Designated radiation level identified for
The NRC staff has reviewed the reduction in expected occupancy time when the containment air filtration exhaust rooms
licensee’s analysis and, based on this personnel are required to access the filtration A and B (Rooms 40551 and 40552) in UFSAR
review, it appears that the three units. Figure 12.3–1 (Sheet 13) are unchanged.
Radiation licensing commitments are met Radiation levels are determined for Room
standards of 10 CFR 50.92(c) are
without consideration of the shield walls. 40550 with removal of the walls and are
satisfied. Therefore, the NRC staff The radiation levels associated with the calculated to be approximately 0.42 mRem/
proposes to determine that the equipment are not changed. No specific hr [milli/roentgen equivalent man/hour].
amendment request involves no accident sequences for the containment air This radiation dose is within the radiation
significant hazards consideration. filtration units are analyzed or described in levels of ≤ 2.5 mRem/hr designated for the
Attorney for licensee: Kathryn M. the licensing bases, apart from the Zone 2 designation of these rooms. The
Sutton, Morgan, Lewis & Bockius LLC, information in Updated Final Safety Analysis different zones have varying level of access
1111 Pennsylvania Avenue NW., Report (UFSAR) Subsection 12.3.3.5, which control that function to limit worker
Washington, DC, 20004–2514. remains valid and is not adversely affected. exposure. Because of the radiation protection
controls, a potential increase in the dose rates
asabaliauskas on DSKBBXCHB2PROD with NOTICES

NRC Branch Chief: Jennifer Dixon- The removed walls are not relied upon to
Herrity. mitigate evaluated accidents described in in an area does not necessarily lead to a
UFSAR Ch. [chapter] 6 or 15 and are not corresponding increase in worker exposure
Southern Nuclear Operating Company, credited for aircraft impact assessment. There and can still be consistent with the ALARA
Docket Nos. 52–025 and 52–026, Vogtle are no changes to remaining walls that [as low as reasonably achievable] principle.
Electric Generating Plant, Units 3 and 4, provide shielding in the area. The change continues to comply with the
Burke County, Georgia No safety-related structure, system, applicable ALARA design considerations
component (SSC) or function is adversely discussed in UFSAR Subsection 12.1.2.3.
Date of amendment request: May 24, affected by this change. The change does not Removal of the walls support reduced
2017. A publicly-available version is in involve an interface with any SSC accident duration of radiation exposure due to the

VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1
37130 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

fingerprinted for an FBI identification (2) The requestor has established a are based upon the information received
and criminal history records check. legitimate need for access to SUNSI or as a result of the request made for
(d) A check or money order payable need to know the SGI requested. SUNSI or SGI must be filed by the
in the amount of $324.00 4 to the U.S. F. For requests for access to SUNSI, if requestor no later than 25 days after
Nuclear Regulatory Commission for the NRC staff determines that the receipt of (or access to) that information.
each individual for whom the request requestor satisfies both E.(1) and E.(2) However, if more than 25 days remain
for access has been submitted. above, the NRC staff will notify the between the petitioner’s receipt of (or
(e) If the requestor or any requestor in writing that access to access to) the information and the
individual(s) who will have access to SUNSI has been granted. The written deadline for filing all other contentions
SGI believes they belong to one or more notification will contain instructions on (as established in the notice of hearing
of the categories of individuals that are how the requestor may obtain copies of or opportunity for hearing), the
exempt from the criminal history the requested documents, and any other petitioner may file its SUNSI or SGI
records check and background check conditions that may apply to access to contentions by that later deadline.
requirements in 10 CFR 73.59, the those documents. These conditions may J. Review of Denials of Access.
requestor should also provide a include, but are not limited to, the (1) If the request for access to SUNSI
statement identifying which exemption signing of a Non-Disclosure Agreement or SGI is denied by the NRC staff either
or Affidavit, or Protective Order setting after a determination on standing and
the requestor is invoking and explaining
forth terms and conditions to prevent requisite need, or after a determination
the requestor’s basis for believing that
the unauthorized or inadvertent on trustworthiness and reliability, the
the exemption applies. While
disclosure of SUNSI by each individual NRC staff shall immediately notify the
processing the request, the Office of
who will be granted access to SUNSI.5 requestor in writing, briefly stating the
Administration, Personnel Security
G. For requests for access to SGI, if the reason or reasons for the denial.
Branch, will make a final determination (2) Before the Office of
whether the claimed exemption applies. NRC staff determines that the requestor
has satisfied both E.(1) and E.(2) above, Administration makes a final adverse
Alternatively, the requestor may contact determination regarding the
the Office of Administration for an the Office of Administration will then
determine, based upon completion of trustworthiness and reliability of the
evaluation of their exemption status proposed recipient(s) for access to SGI,
prior to submitting their request. the background check, whether the
proposed recipient is trustworthy and the Office of Administration, in
Persons who are exempt from the accordance with 10 CFR 2.336(f)(1)(iii),
background check are not required to reliable, as required for access to SGI by
10 CFR 73.22(b). If the Office of must provide the proposed recipient(s)
complete the SF–85 or Form FD–258; any records that were considered in the
however, all other requirements for Administration determines that the
individual or individuals are trustworthiness and reliability
access to SGI, including the need to determination, including those required
know, are still applicable. trustworthy and reliable, the NRC will
promptly notify the requestor in writing. to be provided under 10 CFR
Note: Copies of documents and 73.57(e)(1), so that the proposed
The notification will provide the names
materials required by paragraphs recipient(s) have an opportunity to
of approved individuals as well as the
C.(4)(b), (c), and (d) of this Order must correct or explain the record.
conditions under which the SGI will be
be sent to the following address: U.S. (3) The requestor may challenge the
provided. Those conditions may
Nuclear Regulatory Commission, ATTN: NRC staff’s adverse determination with
include, but are not limited to, the
Personnel Security Branch, Mail Stop respect to access to SUNSI or with
signing of a Non-Disclosure Agreement
TWFN–03–B46M, 11555 Rockville Pike, respect to standing or need to know for
or Affidavit, or Protective Order 6 by
Rockville, MD 20852. SGI by filing a challenge within 5 days
each individual who will be granted
These documents and materials access to SGI. of receipt of that determination with: (a)
should not be included with the request H. Release and Storage of SGI. Prior The presiding officer designated in this
letter to the Office of the Secretary, but to providing SGI to the requestor, the proceeding; (b) if no presiding officer
the request letter should state that the NRC staff will conduct (as necessary) an has been appointed, the Chief
forms and fees have been submitted as inspection to confirm that the Administrative Judge, or if he or she is
required. recipient’s information protection unavailable, another administrative
D. To avoid delays in processing system is sufficient to satisfy the judge, or an Administrative Law Judge
requests for access to SGI, the requestor requirements of 10 CFR 73.22. with jurisdiction pursuant to 10 CFR
should review all submitted materials Alternatively, recipients may opt to 2.318(a); or (c) if another officer has
for completeness and accuracy view SGI at an approved SGI storage been designated to rule on information
(including legibility) before submitting location rather than establish their own access issues, with that officer.
them to the NRC. The NRC will return SGI protection program to meet SGI (4) The requestor may challenge the
incomplete packages to the sender protection requirements. Office of Administration’s final adverse
without processing. I. Filing of Contentions. Any determination with respect to
E. Based on an evaluation of the contentions in these proceedings that trustworthiness and reliability for access
information submitted under paragraphs to SGI by filing a request for review in
C.(3) or C.(4) above, as applicable, the 5 Any motion for Protective Order or draft Non- accordance with 10 CFR 2.336(f)(1)(iv).
NRC staff will determine within 10 days Disclosure Affidavit or Agreement for SUNSI must (5) Further appeals of decisions under
asabaliauskas on DSKBBXCHB2PROD with NOTICES

of receipt of the request whether: be filed with the presiding officer or the Chief this paragraph must be made pursuant
Administrative Judge if the presiding officer has not
(1) There is a reasonable basis to yet been designated, within 30 days of the deadline
to 10 CFR 2.311.
believe the petitioner is likely to for the receipt of the written access request. K. Review of Grants of Access. A
establish standing to participate in this 6 Any motion for Protective Order or draft Non- party other than the requestor may
NRC proceeding; and Disclosure Agreement or Affidavit for SGI must be challenge an NRC staff determination
filed with the presiding officer or the Chief granting access to SUNSI whose release
Administrative Judge if the presiding officer has not
4 This fee is subject to change pursuant to the yet been designated, within 180 days of the
would harm that party’s interest
Office of Personnel Management’s adjustable billing deadline for the receipt of the written access independent of the proceeding. Such a
rates. request. challenge must be filed within 5 days of

VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices 37131

the notification by the NRC staff of its process for litigating disputes who have standing and who have
grant of access and must be filed with: concerning access to information. The propounded contentions meeting the
(a) The presiding officer designated in availability of interlocutory review by specificity and basis requirements in 10
this proceeding; (b) if no presiding the Commission of orders ruling on CFR part 2. The attachment to this
officer has been appointed, the Chief such NRC staff determinations (whether Order summarizes the general target
Administrative Judge, or if he or she is granting or denying access) is governed schedule for processing and resolving
unavailable, another administrative by 10 CFR 2.311.7 requests under these procedures.
judge, or an Administrative Law Judge L. The Commission expects that the
with jurisdiction pursuant to 10 CFR NRC staff and presiding officers (and It is so ordered.
2.318(a); or (c) if another officer has any other reviewing officers) will Dated at Rockville, Maryland, this 26th of
been designated to rule on information consider and resolve requests for access July, 2017.
access issues, with that officer. to SUNSI or SGI, and motions for For the Nuclear Regulatory Commission.
If challenges to the NRC staff protective orders, in a timely fashion in Annette L. Vietti-Cook,
determinations are filed, these order to minimize any unnecessary
procedures give way to the normal delays in identifying those petitioners Secretary of the Commission.

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) and/or Safeguards
Information (SGI) 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; dem-
onstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including
application fee for fingerprint/background check.
60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation
does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to
know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro-
ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli-
hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If
NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in-
cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re-
dacted documents), and readiness inspections.
25 ...................... If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner 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.
190 .................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to
file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of
SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding
access to SGI, the proposed recipient must be provided an opportunity to correct or explain information.
205 .................... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR
2.336(f)(1)(iv).
A ....................... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for
access to sensitive information (including schedule for providing access and submission of contentions) or decision revers-
ing a final adverse determination by the NRC staff.
A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing
the protective order.
A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. 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 peti-
tioner may file its SUNSI or SGI contentions by that later deadline.
A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 ............. Decision on contention admission.
Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

190 .................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to
file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of
SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding
access to SGI, the proposed recipient must be provided an opportunity to correct or explain information.
205 .................... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR
2.336(f)(1)(iv).

7 Requestors should note that the filing 46562, August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI/SGI request
requirements of the NRC’s E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures.
49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as

VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1
Document Created: 2017-08-08 00:18:08
Document Modified: 2017-08-08 00:18:08
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; opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
Dates		Comments must be filed by September 7, 2017. A request for a hearing must be filed by October 10, 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 and/or SGI is necessary to respond to this notice must request document access by August 18, 2017.
Contact		Shirley Rohrer, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5411, email: [email protected]
FR Citation		82 FR 37123