82_FR_46284 82 FR 46094 - 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

82 FR 46094 - 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 190 (October 3, 2017)

Page Range46094-46102
FR Document2017-20084

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of three amendment requests. The amendment requests are for Hope Creek Generating Station, R.E. Ginna Nuclear Power Plant, and Wolf Creek Generating Station. 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 safeguards information (SGI), an order imposes procedures to obtain access to SUNSI and SGI for contention preparation.

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46094-46102]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20084]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0192]


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.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of three amendment requests. The amendment 
requests are for Hope Creek Generating Station, R.E. Ginna Nuclear 
Power Plant, and Wolf Creek Generating Station. 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 safeguards 
information (SGI), an order imposes procedures to obtain access to 
SUNSI and SGI for contention preparation.

DATES: Comments must be filed by November 2, 2017. A request for a 
hearing must be filed by December 4, 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 October 13, 2017.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0192. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: TWFN-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: Lynn Ronewicz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1927, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0192, 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-2017-0192.
     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-2017-0192, 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.

[[Page 46095]]

    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 of 10 CFR, this means that 
operation of the facility in accordance with the proposed amendment 
would not (1) involve a significant increase in the probability or 
consequences of an accident previously evaluated, or (2) create the 
possibility of a new or different kind of accident from any accident 
previously evaluated, or (3) involve a significant reduction in a 
margin of safety. The basis for this proposed determination for each 
amendment request is shown below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment 
period such that failure to act in a timely way would result, for 
example, in derating or shutdown of the facility. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish a notice of issuance in the Federal 
Register. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective,

[[Page 46096]]

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 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

[[Page 46097]]

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.
Exelon Generation Company, LLC, Docket No. 50-244, R.E. Ginna Nuclear 
Power Plant (Ginna), Wayne County, New York
    Date of amendment request: June 30, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17186A233.
    Description of amendment request: This amendment request contains 
safeguards information (SGI). The amendment would revise the 
modification to install overcurrent protection for the emergency diesel 
generators associated with the implementation of 10 CFR 50.48(c), 
National Fire Protection Association Standard 805 (NFPA 805), 
``Performance-Based Standard for Fire Protection for Light-Water 
Reactor Electric Generating Plants,'' 2001 Edition. The amendment would 
also update Attachment C, ``NEI 04-02 Table B-3 Fire Area Transition''; 
Attachment G, ``Recovery Actions Transition''; Attachment M, ``License 
Condition Changes''; Attachment S, ``Modifications and Implementation 
Items''; and Attachment W, ``Fire PRA [Probabilistic Risk Assessment] 
Insights,'' of the previously approved NFPA 805 amendment.
    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.
    Further consideration of committed modifications has resulted in 
the conclusion that the modification to install overcurrent 
protection, Engineering Service Request (ESR) 12-0141 (i.e., 
modification), is no longer required in the NFPA 805 project 
modification scope. The original purpose of the overcurrent 
protection modifications was to reduce fire risk by protecting the 
emergency diesel generations (EDGs) from fire-induced overcurrent 
events allowing local recovery of the EDGs. Several alternative 
means will be made available to provide the power for decay heat 
removal, RCS [reactor coolant system] inventory and reactivity 
control, as well as providing power to the vital battery chargers, 
long-term indication and control power, and breaker control.
    Operation of Ginna in accordance with the proposed amendment 
does not increase the probability or consequences of accidents 
previously evaluated. Engineering analyses, which may include 
engineering evaluations, probabilistic safety assessments, and fire 
modeling calculations, have been performed to demonstrate that the 
performance-based requirements of NFPA 805 have been satisfied with 
the elimination of fire-induced overcurrent protection. The proposed 
amendment does not affect accident initiators, nor does it alter 
design assumptions, conditions, or configurations of the facility 
that would increase the probability of accidents previously 
evaluated. Further, the changes to be made for fire hazard 
protection and mitigation do not adversely affect the ability of 
structures, systems, or components to perform their design functions 
for accident mitigation, nor do they affect the postulated 
initiators or assumed failure models for accidents described and 
evaluated in the UFSAR [Updated Final Safety Analysis Report]. 
Structures, systems, or components required to safely shutdown the 
reactor and to maintain it in a safe shutdown condition will remain 
capable of performing their design functions.
    The proposed amendment will not affect the source term, 
containment isolation, or radiological release assumptions used in 
evaluating the radiological consequences of any accident previously 
evaluated, and equipment required to mitigate an accident remains 
capable of performing the assumed function(s). The applicable 
radiological dose criteria will continue to be met.
    The combination of all the proposed modifications and data 
updates reduces the overall calculated delta risk relative to the 
previously submitted information even with the removal of the fire-
induced overcurrent modifications. The net Core Damage Frequency 
(CDF) delta risk including the internal events offset is 4E-6. The 
net Large Early Release Frequency (LERF) delta risk including the 
internal events offset is less than 1E-7.
    Based on the above discussion, it is concluded that 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 kind of accident previously 
evaluated?
    Response: No.
    The original purpose of the overcurrent protection modifications 
was to reduce the fire risk by protecting the EDGs from fire-induced 
overcurrent events allowing local recovery of the EDGs. Several 
alternative means will be made available to provide the power for 
decay heat removal, RCS inventory and reactivity control, as well as 
providing power to the vital battery chargers, long-term indication 
and control power, and breaker control in lieu of ESR-12-0141. 
Operation of Ginna in accordance with the proposed amendment does 
not create the possibility of a new or different kind of accident 
from any accident previously evaluated. The proposed change does not 
alter the requirements or functions for systems required during 
accident conditions. Implementation of this change will not result 
in new or different accidents.
    The proposed amendment does not introduce new or different 
accident initiators, nor does it alter design assumptions, 
conditions, or configurations of the facility in such a manner as to 
introduce new or different accident initiators. The proposed 
amendment does not adversely affect the ability of structures, 
systems, or components to perform their design function. Structures, 
systems, or components required to safely shutdown the reactor and 
maintain it in a safe shutdown condition remain capable of 
performing their design functions.
    The requirements of NFPA 805 address only fire protection and 
the impacts of fire on the plant that have previously been 
evaluated. Thus, implementation of the proposed amendment would not 
create the possibility of a new or different kind of accident beyond 
those already analyzed in the UFSAR. No new accident scenarios, 
transient precursors, failure mechanisms, or limiting single 
failures will be introduced, and there will be no adverse effect or 
challenges imposed on any safety-related system as a result of the 
proposed amendment.
    Based on the above discussion, it is concluded that the proposed 
amendment does not create the possibility of a new or different kind 
of accident from any accident previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in the margin of safety?
    Response: No.
    The purpose of the proposed amendment is to permit Ginna to 
adopt a new fire protection licensing basis which complies with the 
requirements in 10 CFR 50.48(a) and (c) and the guidance in 
Regulatory Guide 1.205, Revision 1. The NRC considers that NFPA 805 
provides an acceptable methodology and performance criteria for 
licensees to identify fire protection systems and features that are 
an acceptable alternative to the 10 CFR 50, Appendix R required fire 
protection features (69 FR 33536; June 16,

[[Page 46098]]

2004). The proposed change eliminates the overcurrent protection 
modifications which were intended to reduce fire risk by protecting 
the EDGs from fire-induced overcurrent events allowing local 
recovery of the EDGs. Several alternative means will be made 
available to provide the power for decay heat removal, RCS inventory 
and reactivity control, and vital auxiliaries such as providing 
power to the vital battery chargers, long-term indication and 
control power, and breaker control functions in lieu of ESR-12-0141. 
These alternative means will ensure that this change does not result 
in a significant reduction in the margin of safety.
    The overall approach of NFPA 805 is consistent with the key 
principles for evaluating license basis changes, as described in 
Regulatory Guide 1.174, Revision 2, is consistent with the defense-
in-depth philosophy, and maintains sufficient safety margins. 
Engineering analysis, which may include engineering evaluations, 
probabilistic safety assessments, and fire modeling calculations, 
have been performed to demonstrate that the performance-based 
methods do not result in a significant reduction in the margin of 
safety.
    Operation of Ginna in accordance with the proposed amendment 
does not involve a significant reduction in the margin of safety. 
The proposed amendment does not alter the manner in which safety 
limits, limiting safety system settings, or limiting conditions for 
operation are determined. The safety analysis acceptance criteria 
are not affected by this change. The proposed amendment does not 
alter the manner in which safety limits, limiting safety system 
settings, or limiting conditions for operation are determined. The 
safety analysis acceptance criteria are not affected by this change. 
The proposed amendment does not adversely affect existing plant 
safety margins or the reliability of equipment assumed to mitigate 
accident sin the UFSAR. The proposed amendment does not adversely 
affect the ability of structures, systems, or components to perform 
their design function. Structures, systems, or components required 
to safely shut down the reactor and to maintain it in a safe 
shutdown condition remain capable of performing their design 
functions.
    Based on the above discussion, it is concluded that the proposed 
amendment does not involve a significant reduction in the margin of 
safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, 
Illinois 60555.
    NRC Branch Chief: James G. Danna.
PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station, 
Hancocks Bridge, New Jersey
    Date of amendment request: July 7, 2017. A publicly-available 
version is in ADAMS under Package Accession No. ML17188A259.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the Renewed Facility Operating License and 
Technical Specifications to implement a measurement uncertainty 
recapture power uprate. Specifically, the amendment would authorize an 
increase in the maximum licensed thermal power level from 3,840 
megawatts thermal (MWt) to 3,902 MWt, which is an increase of 
approximately 1.6 percent.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change will increase the Hope Creek Generating 
Station rated thermal power (RTP) from 3840 megawatts thermal (MWt) 
to 3902 MWt. The reviews and evaluations performed to support the 
proposed uprated power conditions included all structures, systems, 
and components that would be affected by the proposed changes. The 
reviews and evaluations determined that these structures, systems, 
and components are capable of performing their design function at 
the proposed uprated RTP of 3902 MWt. Accident mitigation systems 
will function as designed. The performance requirements for these 
systems have been evaluated and found acceptable. Thus, the proposed 
changes do not create any new accident initiators or increase the 
probability of an accident previously evaluated.
    The primary loop components (e.g., reactor vessel, reactor 
internals, control rod drive housings, piping and supports, and 
recirculation pumps) remain within their applicable structural 
limits and will continue to perform their intended design function 
at the uprated power level. Thus, there is no increase in the 
probability of a structural failure from these components. The 
safety relief valves and containment isolation valves meet design 
sizing requirements at the uprated power level. Because the plant 
integrity will not be affected by operation at the uprated 
condition, PSEG Nuclear LLC (PSEG) has concluded that all 
structures, systems, and components required to mitigate a transient 
remain capable of fulfilling their intended functions.
    The current safety analyses were evaluated for operation at 3902 
MWt. The results demonstrate that acceptance criteria for applicable 
analyses continue to be met at the uprated conditions. As such, 
applicable accident analyses continue to comply with the relevant 
event acceptance criteria. The analyses performed to assess the 
effects of mass and energy releases remain valid. Source terms used 
to assess radiological consequences have been determined to bound 
operation at the uprated power level.
    Power level is an input assumption to equipment design and 
accident analyses, but is not a transient or accident initiator. 
Accident initiators are not affected by the power uprate, and plant 
safety barrier challenges are not created by the proposed change.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    No new accident scenarios, failure mechanisms, or single 
failures are introduced as a result of the proposed change. 
Structures, systems, and components previously required for 
transient mitigation remain capable of fulfilling their intended 
design functions. The proposed change has no adverse effect on any 
safety-related structures, systems, or components and does not 
challenge the performance or integrity of any safety-related system.
    The proposed change does not adversely affect any current system 
interfaces or create any new interfaces that could result in an 
accident or malfunction of a different kind than previously 
evaluated. Plant operation at 3902 MWt does not create any new 
accident initiators or precursors. Credible malfunctions are bounded 
by the current accident analyses of record or recent evaluations 
demonstrating that applicable criteria are still met with the 
proposed change.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    The margins of safety associated with the power uprate are those 
pertaining to core thermal power. Analyses of the primary fission 
product barriers have concluded that relevant design criteria remain 
satisfied, both from the standpoint of primary fission product 
barrier integrity and compliance with the required acceptance 
criteria. As appropriate, evaluations have been performed using 
methods that have either been reviewed and approved by the Nuclear 
Regulatory Commission, or are in compliance with regulatory review 
guidance and standards.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three

[[Page 46099]]

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: Jeffrie J. Keenan, PSEG Nuclear LLC--N21, 
P.O. Box 236, Hancocks Bridge, New Jersey 08038.
    NRC Branch Chief: James G. Danna.
Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf Creek 
Generating Station, (WCGS) Coffey County, Kansas
    Date of amendment request: June 28, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17186A082.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would add new Technical Specification (TS) 3.7.20, ``Class 1E 
Electrical Equipment Air Conditioning (A/C) System,'' to the WCGS TSs. 
New TS 3.7.20 would include the limiting condition for operation (LCO) 
statement, Applicability during which the LCO must be met, ACTIONS 
(with Conditions, Required Actions, and Completion Times) to be applied 
when the LCO is not met, and Surveillance Requirements (SRs) with a 
specified Frequency to demonstrate that the LCO is met for the Class 1 
E Electrical Equipment A/C System trains at WCGS. Additionally, the 
Table of Contents would also be revised to reflect the incorporation of 
new TS 3.7.20.
    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 addition of TS 3.7.20 creates a[n] LCO for the 
Class 1E Electrical Equipment A/C System that is required to support 
the TS Class 1E electrical equipment. The 30 day Completion Time to 
restore an inoperable Class 1E electrical equipment A/C train to 
OPERABLE status is consistent with the Control Room Air Conditioning 
System (CRACS) and is supported by a plant specific calculation. The 
Class 1E Electrical Equipment A/C Systems' actuation, operation, or 
failure is not an initiator to any accident previously evaluated. As 
a result, the probability of an accident previously evaluated is not 
significantly increased. Conversely, the proposed change provides a 
period of time to recover an unexpected loss of cooling capability 
with one OPERABLE Class 1E electrical equipment A/C train providing 
adequate area cooling for both trains of Class 1E electrical 
equipment during normal and accident conditions (with mitigating 
actions being required).
    Overall protection system performance will remain within the 
bounds of the previously performed accident analyses since no 
hardware changes are proposed to the protection systems. The same 
Reactor Trip System (RTS) and Engineered Safety Feature Actuation 
System (ESFAS) instrumentation will continue to be used. The 
protection systems will continue to function in a manner consistent 
with the plant design basis. The proposed change will not adversely 
affect accident initiators or precursors nor adversely alter the 
design assumptions and conditions of the facility or the manner in 
which the plant is operated and maintained with respect to such 
initiators or precursors.
    The proposed change will not alter or prevent the capability of 
structures, systems, and components (SSCs) to perform their intended 
functions for mitigating the consequences of an accident and meeting 
applicable acceptance limits.
    Therefore, the proposed change 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.
    No new accident scenarios, transient precursors, failure 
mechanisms, or limiting single failures will be introduced as a 
result of this amendment. No new or different accidents result from 
addition of the proposed specification. The Class 1E electrical 
equipment A/C trains maintain the capability to perform their 
specified safety function. The proposed license amendment includes 
regulatory commitments to achieve the capability for one OPERABLE 
Class 1E electrical equipment A/C train to provide adequate cooling 
for both trains of electrical equipment during normal and accident 
conditions by design changes. [The planned modifications proposed by 
regulatory commitments will be implemented under the requirements of 
10 CFR 50.59.]
    The proposed amendment will not alter the design or performance 
of the 7300 Process Protection System, Nuclear Instrumentation 
System, Solid State Protection System, Balance of Plant Engineered 
Safety Features Actuation System, Main Steam and Feedwater Isolation 
System, or Load Shedder and Emergency Load Sequencers used in the 
plant protection systems.
    The proposed change adds requirements in the TSs that were 
previously located in plant procedures. One OPERABLE Class 1E 
electrical equipment A/C train is capable of providing adequate area 
cooling for both trains of Class 1E electrical equipment during 
normal and accident conditions (with mitigating actions being 
required). The change does not have a detrimental impact on the 
manner in which plant equipment operates or responds to an actuation 
signal.
    Therefore, the proposed change will not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed specification allows for a period of time in which 
one Class 1E electrical equipment A/C train is capable of providing 
adequate area cooling for both trains of Class 1E electrical 
equipment during normal and accident conditions (with mitigating 
actions being required). The proposed change does not impact 
accident offsite dose, containment pressure or temperature, 
Emergency Core Cooling System settings or Reactor Protection System 
settings, or any other parameter that could affect a margin of 
safety. The margin of safety is enhanced by periodically verifying 
the area room temperatures are maintained within limit while one 
Class 1E electrical equipment A/C train is inoperable and allowing a 
reasonable period to perform preventive and corrective maintenance 
thus increasing system reliability.
    Therefore, the proposed change 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: Jay Silberg, Esq., Pillsbury Winthrop Shaw 
Pittman LLP, 2300 N Street NW., Washington, DC 20037.
    NRC Branch Chief: Robert J. Pascarelli.

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

PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station, 
Hancocks Bridge, New Jersey

Exelon Generation Company, LLC, Docket No. 50-244, R. E. Ginna Nuclear 
Power Plant, Wayne County, New York

Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf Creek 
Generating Station, Coffey County, Kansas

    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.

[[Page 46100]]

    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 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

[[Page 46101]]

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 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 15th day of September 2017.

    For the Nuclear Regulatory Commission.

Rochelle C. Bavol,
Acting, Secretary of the Commission.

[[Page 46102]]



   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
              and Safeguards Information in This Proceeding
------------------------------------------------------------------------
              Day                            Event/activity
------------------------------------------------------------------------
0.............................  Publication of Federal Register notice
                                 of hearing and opportunity to petition
                                 for leave to intervene, including order
                                 with instructions for access requests.
10............................  Deadline for submitting requests for
                                 access to Sensitive Unclassified Non
                                 Safeguards Information (SUNSI) 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.
------------------------------------------------------------------------


[FR Doc. 2017-20084 Filed 10-2-17; 8:45 am]
BILLING CODE 7590-01-P



                                                    46094                        Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                    Foundation (NSF) announces the                          NUCLEAR REGULATORY                                    see ‘‘Obtaining Information and
                                                    following meeting:                                      COMMISSION                                            Submitting Comments’’ in the
                                                      Name and Committee Code:                                                                                    SUPPLEMENTARY INFORMATION section of
                                                                                                            [NRC–2017–0192]
                                                    Astronomy and Astrophysics Advisory                                                                           this document.
                                                    Committee (#13883) meeting                              Applications and Amendments to                        FOR FURTHER INFORMATION CONTACT:
                                                    (Teleconference).                                       Facility Operating Licenses and                       Lynn Ronewicz, Office of Nuclear
                                                                                                            Combined Licenses Involving                           Reactor Regulation, U.S. Nuclear
                                                      Date and Time: October 23, 2017; 3:00
                                                                                                            Proposed No Significant Hazards                       Regulatory Commission, Washington,
                                                    p.m.–4:00 p.m. EDT.                                     Considerations and Containing                         DC 20555–0001; telephone: 301–415–
                                                      Place: National Science Foundation,                   Sensitive Unclassified Non-Safeguards                 1927, email: lynn.ronewicz@nrc.gov.
                                                    2415 Eisenhower Avenue, Alexandria,                     Information and Safeguards                            SUPPLEMENTARY INFORMATION:
                                                    VA 22314 (Teleconference).                              Information and Order Imposing
                                                                                                            Procedures for Access to Sensitive                    I. Obtaining Information and
                                                      Type of Meeting: Open.
                                                                                                            Unclassified Non-Safeguards                           Submitting Comments
                                                    http://www.nsf.gov/mps/ast/aaac.jsp                     Information and Safeguards                            A. Obtaining Information
                                                    To join via Browser:                                    Information
                                                                                                                                                                     Please refer to Docket ID NRC–2017–
                                                    https://bluejeans.com/996692403/                        AGENCY:  Nuclear Regulatory                           0192, facility name, unit number(s),
                                                                                                            Commission.                                           plant docket number, application date,
                                                      browser
                                                                                                            ACTION: License amendment request;                    and subject when contacting the NRC
                                                    To join via phone:                                      opportunity to comment, request a                     about the availability of information for
                                                    (1) Dial:                                               hearing, and petition for leave to                    this action. You may obtain publicly-
                                                                                                            intervene; order imposing procedures.                 available information related to this
                                                      +1.408.740.7256
                                                                                                            SUMMARY:     The U.S. Nuclear Regulatory              action by any of the following methods:
                                                      +1.888.240.2560
                                                                                                            Commission (NRC) received and is                         • Federal Rulemaking Web site: Go to
                                                      +1.408.317.9253                                       considering approval of three                         http://www.regulations.gov and search
                                                      (see all numbers—http://                              amendment requests. The amendment                     for Docket ID NRC–2017–0192.
                                                         bluejeans.com/numbers)                             requests are for Hope Creek Generating                   • NRC’s Agencywide Documents
                                                                                                            Station, R.E. Ginna Nuclear Power                     Access and Management System
                                                    (2) Enter Conference ID: 996692403                                                                            (ADAMS): You may obtain publicly-
                                                                                                            Plant, and Wolf Creek Generating
                                                       Contact Person: Dr. Christopher                      Station. For each amendment request,                  available documents online in the
                                                    Davis, Program Director, Division of                    the NRC proposes to determine that they               ADAMS Public Documents collection at
                                                    Astronomical Sciences, Suite W9136,                     involve no significant hazards                        http://www.nrc.gov/reading-rm/
                                                    National Science Foundation, 2415                       consideration. Because the amendment                  adams.html. To begin the search, select
                                                    Eisenhower Avenue, Alexandria, VA                       requests contain sensitive unclassified               ‘‘ADAMS Public Documents’’ and then
                                                    22314; Telephone: 703–292–7165.                         non-safeguards information (SUNSI)                    select ‘‘Begin Web-based ADAMS
                                                                                                            and safeguards information (SGI), an                  Search.’’ For problems with ADAMS,
                                                       Purpose of Meeting: The AAAC                         order imposes procedures to obtain                    please contact the NRC’s Public
                                                    commissioned a subcommittee to                          access to SUNSI and SGI for contention                Document Room (PDR) reference staff at
                                                    develop a concept for implementing a                    preparation.                                          1–800–397–4209, 301–415–4737, or by
                                                    ground-based Cosmic Microwave                           DATES: Comments must be filed by                      email to pdr.resource@nrc.gov. The
                                                    Background Stage 4 experiment. The                      November 2, 2017. A request for a                     ADAMS accession number for each
                                                    Conceptual Design Team (CDT) will                       hearing must be filed by December 4,                  document referenced (if it is available in
                                                    take as input the community CMB–S4                      2017. Any potential party as defined in               ADAMS) is provided the first time that
                                                    Science Book and any further                            § 2.4 of title 10 of the Code of Federal              it is mentioned in this document.
                                                    community information as appropriate,                   Regulations (10 CFR), who believes                       • NRC’s PDR: You may examine and
                                                    will consider the global landscape of                   access to SUNSI and/or SGI is necessary               purchase copies of public documents at
                                                    CMB experiments, and provide a project                  to respond to this notice must request                the NRC’s PDR, Room O1–F21, One
                                                    strawman concept with options and                       document access by October 13, 2017.                  White Flint North, 11555 Rockville
                                                    alternatives. The purpose of the meeting                ADDRESSES: You may submit comments                    Pike, Rockville, Maryland 20852.
                                                    is to discuss and accept the                            by any of the following methods:                      B. Submitting Comments
                                                    subcommittee report.                                      • Federal Rulemaking Web site: Go to
                                                                                                            http://www.regulations.gov and search                   Please include Docket ID NRC–2017–
                                                       Agenda: To discuss and accept the                                                                          0192, facility name, unit number(s),
                                                                                                            for Docket ID NRC–2017–0192. Address
                                                    CMB Stage 4 CDT Task Force Report on                                                                          plant docket number, application date,
                                                                                                            questions about NRC dockets to Carol
                                                    behalf of NSF and DOE.                                                                                        and subject in your comment
                                                                                                            Gallagher; telephone: 301–415–3463;
                                                      Dated: September 27, 2017.                            email: Carol.Gallagher@nrc.gov. For                   submission.
                                                    Crystal Robinson,                                       technical questions, contact the                        The NRC cautions you not to include
                                                    Committee Management Officer.                           individual listed in the FOR FURTHER                  identifying or contact information that
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                                                                                                            INFORMATION CONTACT section of this                   you do not want to be publicly
                                                    [FR Doc. 2017–21125 Filed 10–2–17; 8:45 am]
                                                                                                            document.                                             disclosed in your comment submission.
                                                    BILLING CODE 7555–01–P
                                                                                                              • Mail comments to: Cindy Bladey,                   The NRC will post all comment
                                                                                                            Office of Administration, Mail Stop:                  submissions at http://
                                                                                                            TWFN–8–D36M, U.S. Nuclear                             www.regulations.gov, as well as enter
                                                                                                            Regulatory Commission, Washington,                    the comment submissions into ADAMS.
                                                                                                            DC 20555–0001.                                        The NRC does not routinely edit
                                                                                                              For additional direction on obtaining               comment submissions to remove
                                                                                                            information and submitting comments,                  identifying or contact information.


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                                                                                 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                           46095

                                                      If you are requesting or aggregating                  publication of this notice. The                          In accordance with 10 CFR 2.309(f),
                                                    comments from other persons for                         Commission may issue the license                      the petition must also set forth the
                                                    submission to the NRC, then you should                  amendment before expiration of the 60-                specific contentions which the
                                                    inform those persons not to include                     day period provided that its final                    petitioner seeks to have litigated in the
                                                    identifying or contact information that                 determination is that the amendment                   proceeding. Each contention must
                                                    they do not want to be publicly                         involves no significant hazards                       consist of a specific statement of the
                                                    disclosed in their comment submission.                  consideration. In addition, the                       issue of law or fact to be raised or
                                                    Your request should state that the NRC                  Commission may issue the amendment                    controverted. In addition, the petitioner
                                                    does not routinely edit comment                         prior to the expiration of the 30-day                 must provide a brief explanation of the
                                                    submissions to remove such information                  comment period if circumstances                       bases for the contention and a concise
                                                    before making the comment                               change during the 30-day comment                      statement of the alleged facts or expert
                                                    submissions available to the public or                  period such that failure to act in a                  opinion which support the contention
                                                    entering the comment into ADAMS.                        timely way would result, for example,                 and on which the petitioner intends to
                                                                                                            in derating or shutdown of the facility.              rely in proving the contention at the
                                                    II. Background
                                                                                                            If the Commission takes action prior to               hearing. The petitioner must also
                                                       Pursuant to Section 189a.(2) of the                  the expiration of either the comment                  provide references to the specific
                                                    Atomic Energy Act of 1954, as amended                   period or the notice period, it will                  sources and documents on which the
                                                    (the Act), the NRC is publishing this                   publish a notice of issuance in the                   petitioner intends to rely to support its
                                                    notice. The Act requires the                            Federal Register. If the Commission                   position on the issue. The petition must
                                                    Commission to publish notice of any                     makes a final no significant hazards                  include sufficient information to show
                                                    amendments issued, or proposed to be                    consideration determination, any                      that a genuine dispute exists with the
                                                    issued and grants the Commission the                    hearing will take place after issuance.               applicant or licensee on a material issue
                                                    authority to issue and make                             The Commission expects that the need                  of law or fact. Contentions must be
                                                    immediately effective any amendment                     to take this action will occur very                   limited to matters within the scope of
                                                    to an operating license or combined                     infrequently.                                         the proceeding. The contention must be
                                                    license, as applicable, upon a                                                                                one which, if proven, would entitle the
                                                    determination by the Commission that                    A. Opportunity To Request a Hearing                   petitioner to relief. A petitioner who
                                                    such amendment involves no significant                  and Petition for Leave To Intervene                   fails to satisfy the requirements at 10
                                                    hazards consideration, notwithstanding                     Within 60 days after the date of                   CFR 2.309(f) with respect to at least one
                                                    the pendency before the Commission of                   publication of this notice, any persons               contention will not be permitted to
                                                    a request for a hearing from any person.                (petitioner) whose interest may be                    participate as a party.
                                                       This notice includes notices of                                                                               Those permitted to intervene become
                                                                                                            affected by this action may file a request
                                                    amendments containing SUNSI and/or                                                                            parties to the proceeding, subject to any
                                                                                                            for a hearing and petition for leave to
                                                    SGI.                                                                                                          limitations in the order granting leave to
                                                                                                            intervene (petition) with respect to the
                                                                                                                                                                  intervene. Parties have the opportunity
                                                    III. Notice of Consideration of Issuance                action. Petitions shall be filed in
                                                                                                                                                                  to participate fully in the conduct of the
                                                    of Amendments to Facility Operating                     accordance with the Commission’s
                                                                                                                                                                  hearing with respect to resolution of
                                                    Licenses and Combined Licenses,                         ‘‘Agency Rules of Practice and
                                                                                                                                                                  that party’s admitted contentions,
                                                    Proposed No Significant Hazards                         Procedure’’ in 10 CFR part 2. Interested
                                                                                                                                                                  including the opportunity to present
                                                    Consideration Determination, and                        persons should consult a current copy
                                                                                                                                                                  evidence, consistent with the NRC’s
                                                    Opportunity for a Hearing                               of 10 CFR 2.309. The NRC’s regulations
                                                                                                                                                                  regulations, policies, and procedures.
                                                       The Commission has made a                            are accessible electronically from the                   Petitions must be filed no later than
                                                    proposed determination that the                         NRC Library on the NRC’s Web site at                  60 days from the date of publication of
                                                    following amendment requests involve                    http://www.nrc.gov/reading-rm/doc-                    this notice. Petitions and motions for
                                                    no significant hazards consideration.                   collections/cfr/. Alternatively, a copy of            leave to file new or amended
                                                    Under the Commission’s regulations in                   the regulations is available at the NRC’s             contentions that are filed after the
                                                    § 50.92 of 10 CFR, this means that                      Public Document Room, located at One                  deadline will not be entertained absent
                                                    operation of the facility in accordance                 White Flint North, Room O1–F21, 11555                 a determination by the presiding officer
                                                    with the proposed amendment would                       Rockville Pike (first floor), Rockville,              that the filing demonstrates good cause
                                                    not (1) involve a significant increase in               Maryland 20852. If a petition is filed,               by satisfying the three factors in 10 CFR
                                                    the probability or consequences of an                   the Commission or a presiding officer                 2.309(c)(1)(i) through (iii). The petition
                                                    accident previously evaluated, or (2)                   will rule on the petition and, if                     must be filed in accordance with the
                                                    create the possibility of a new or                      appropriate, a notice of a hearing will be            filing instructions in the ‘‘Electronic
                                                    different kind of accident from any                     issued.                                               Submissions (E-Filing)’’ section of this
                                                    accident previously evaluated, or (3)                      As required by 10 CFR 2.309(d) the                 document.
                                                    involve a significant reduction in a                    petition should specifically explain the                 If a hearing is requested, and the
                                                    margin of safety. The basis for this                    reasons why intervention should be                    Commission has not made a final
                                                    proposed determination for each                         permitted with particular reference to                determination on the issue of no
                                                    amendment request is shown below.                       the following general requirements for                significant hazards consideration, the
                                                       The Commission is seeking public                     standing: (1) The name, address, and                  Commission will make a final
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                                                    comments on this proposed                               telephone number of the petitioner; (2)               determination on the issue of no
                                                    determination. Any comments received                    the nature of the petitioner’s right under            significant hazards consideration. The
                                                    within 30 days after the date of                        the Act to be made a party to the                     final determination will serve to
                                                    publication of this notice will be                      proceeding; (3) the nature and extent of              establish when the hearing is held. If the
                                                    considered in making any final                          the petitioner’s property, financial, or              final determination is that the
                                                    determination.                                          other interest in the proceeding; and (4)             amendment request involves no
                                                       Normally, the Commission will not                    the possible effect of any decision or                significant hazards consideration, the
                                                    issue the amendment until the                           order which may be entered in the                     Commission may issue the amendment
                                                    expiration of 60 days after the date of                 proceeding on the petitioner’s interest.              and make it immediately effective,


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                                                    46096                        Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                    notwithstanding the request for a                       intervene, and documents filed by                     E-Filing system also distributes an email
                                                    hearing. Any hearing would take place                   interested governmental entities that                 notice that provides access to the
                                                    after issuance of the amendment. If the                 request to participate under 10 CFR                   document to the NRC’s Office of the
                                                    final determination is that the                         2.315(c), must be filed in accordance                 General Counsel and any others who
                                                    amendment request involves a                            with the NRC’s E-Filing rule (72 FR                   have advised the Office of the Secretary
                                                    significant hazards consideration, then                 49139; August 28, 2007, as amended at                 that they wish to participate in the
                                                    any hearing held would take place                       77 FR 46562; August 3, 2012). The E-                  proceeding, so that the filer need not
                                                    before the issuance of the amendment                    Filing process requires participants to               serve the document on those
                                                    unless the Commission finds an                          submit and serve all adjudicatory                     participants separately. Therefore,
                                                    imminent danger to the health or safety                 documents over the internet, or in some               applicants and other participants (or
                                                    of the public, in which case it will issue              cases to mail copies on electronic                    their counsel or representative) must
                                                    an appropriate order or rule under 10                   storage media. Detailed guidance on                   apply for and receive a digital ID
                                                    CFR part 2.                                             making electronic submissions may be                  certificate before adjudicatory
                                                       A State, local governmental body,                    found in the Guidance for Electronic                  documents are filed so that they can
                                                    Federally-recognized Indian Tribe, or                   Submissions to the NRC and on the NRC                 obtain access to the documents via the
                                                    agency thereof, may submit a petition to                Web site at http://www.nrc.gov/site-                  E-Filing system.
                                                    the Commission to participate as a party                help/e-submittals.html. Participants                     A person filing electronically using
                                                    under 10 CFR 2.309(h)(1). The petition                  may not submit paper copies of their                  the NRC’s adjudicatory E-Filing system
                                                    should state the nature and extent of the               filings unless they seek an exemption in              may seek assistance by contacting the
                                                    petitioner’s interest in the proceeding.                accordance with the procedures                        NRC’s Electronic Filing Help Desk
                                                    The petition should be submitted to the                 described below.                                      through the ‘‘Contact Us’’ link located
                                                    Commission no later than 60 days from                      To comply with the procedural                      on the NRC’s public Web site at http://
                                                    the date of publication of this notice.                 requirements of E-Filing, at least 10                 www.nrc.gov/site-help/e-
                                                    The petition must be filed in accordance                days prior to the filing deadline, the                submittals.html, by email to MSHD.
                                                    with the filing instructions in the                     participant should contact the Office of              Resource@nrc.gov, or by a toll-free call
                                                    ‘‘Electronic Submissions (E-Filing)’’                   the Secretary by email at                             at 1–866–672–7640. The NRC Electronic
                                                    section of this document, and should                    hearing.docket@nrc.gov, or by telephone               Filing Help Desk is available between 9
                                                    meet the requirements for petitions set                 at 301–415–1677, to (1) request a digital             a.m. and 6 p.m., Eastern Time, Monday
                                                    forth in this section, except that under                identification (ID) certificate, which                through Friday, excluding government
                                                    10 CFR 2.309(h)(2), a State, local                      allows the participant (or its counsel or             holidays.
                                                    governmental body, or Federally-                        representative) to digitally sign                        Participants who believe that they
                                                    recognized Indian Tribe, or agency                      submissions and access the E-Filing                   have a good cause for not submitting
                                                    thereof does not need to address the                    system for any proceeding in which it                 documents electronically must file an
                                                    standing requirements in 10 CFR                         is participating; and (2) advise the                  exemption request, in accordance with
                                                    2.309(d) if the facility is located within              Secretary that the participant will be                10 CFR 2.302(g), with their initial paper
                                                    its boundaries. Alternatively, a State,                 submitting a petition or other                        filing stating why there is good cause for
                                                    local governmental body, Federally-                     adjudicatory document (even in                        not filing electronically and requesting
                                                    recognized Indian Tribe, or agency                      instances in which the participant, or its            authorization to continue to submit
                                                    thereof may participate as a non-party                  counsel or representative, already holds              documents in paper format. Such filings
                                                    under 10 CFR 2.315(c).                                  an NRC-issued digital ID certificate).                must be submitted by: (1) First class
                                                       If a hearing is granted, any person                  Based upon this information, the                      mail addressed to the Office of the
                                                    who is not a party to the proceeding and                Secretary will establish an electronic                Secretary of the Commission, U.S.
                                                    is not affiliated with or represented by                docket for the hearing in this proceeding             Nuclear Regulatory Commission,
                                                    a party may, at the discretion of the                   if the Secretary has not already                      Washington, DC 20555–0001, Attention:
                                                    presiding officer, be permitted to make                 established an electronic docket.                     Rulemaking and Adjudications Staff; or
                                                    a limited appearance pursuant to the                       Information about applying for a                   (2) courier, express mail, or expedited
                                                    provisions of 10 CFR 2.315(a). A person                 digital ID certificate is available on the            delivery service to the Office of the
                                                    making a limited appearance may make                    NRC’s public Web site at http://                      Secretary, 11555 Rockville Pike,
                                                    an oral or written statement of his or her              www.nrc.gov/site-help/e-submittals/                   Rockville, Maryland 20852, Attention:
                                                    position on the issues but may not                      getting-started.html. Once a participant              Rulemaking and Adjudications Staff.
                                                    otherwise participate in the proceeding.                has obtained a digital ID certificate and             Participants filing adjudicatory
                                                    A limited appearance may be made at                     a docket has been created, the                        documents in this manner are
                                                    any session of the hearing or at any                    participant can then submit                           responsible for serving the document on
                                                    prehearing conference, subject to the                   adjudicatory documents. Submissions                   all other participants. Filing is
                                                    limits and conditions as may be                         must be in Portable Document Format                   considered complete by first-class mail
                                                    imposed by the presiding officer. Details               (PDF). Additional guidance on PDF                     as of the time of deposit in the mail, or
                                                    regarding the opportunity to make a                     submissions is available on the NRC’s                 by courier, express mail, or expedited
                                                    limited appearance will be provided by                  public Web site at http://www.nrc.gov/                delivery service upon depositing the
                                                    the presiding officer if such sessions are              site-help/electronic-sub-ref-mat.html. A              document with the provider of the
                                                    scheduled.                                              filing is considered complete at the time             service. A presiding officer, having
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                                                                                                            the document is submitted through the                 granted an exemption request from
                                                    B. Electronic Submissions (E-Filing)                    NRC’s E-Filing system. To be timely, an               using E-Filing, may require a participant
                                                      All documents filed in NRC                            electronic filing must be submitted to                or party to use E-Filing if the presiding
                                                    adjudicatory proceedings, including a                   the E-Filing system no later than 11:59               officer subsequently determines that the
                                                    request for hearing and petition for                    p.m. Eastern Time on the due date.                    reason for granting the exemption from
                                                    leave to intervene (petition), any motion               Upon receipt of a transmission, the E-                use of E-Filing no longer exists.
                                                    or other document filed in the                          Filing system time-stamps the document                   Documents submitted in adjudicatory
                                                    proceeding prior to the submission of a                 and sends the submitter an email notice               proceedings will appear in the NRC’s
                                                    request for hearing or petition to                      confirming receipt of the document. The               electronic hearing docket which is


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                                                                                 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                                46097

                                                    available to the public at https://                        1. Does the proposed amendment involve             does not involve a significant increase in the
                                                    adams.nrc.gov/ehd, unless excluded                      a significant increase in the probability or          probability or consequences of an accident
                                                    pursuant to an order of the Commission                  consequences of an accident previously                previously evaluated.
                                                                                                            evaluated?                                               2. Does the proposed amendment create
                                                    or the presiding officer. If you do not
                                                                                                               Response: No.                                      the possibility of a new or different kind of
                                                    have an NRC-issued digital ID certificate                  Further consideration of committed                 accident from any kind of accident
                                                    as described above, click cancel when                   modifications has resulted in the conclusion          previously evaluated?
                                                    the link requests certificates and you                  that the modification to install overcurrent             Response: No.
                                                    will be automatically directed to the                   protection, Engineering Service Request                  The original purpose of the overcurrent
                                                    NRC’s electronic hearing dockets where                  (ESR) 12–0141 (i.e., modification), is no             protection modifications was to reduce the
                                                    you will be able to access any publicly-                longer required in the NFPA 805 project               fire risk by protecting the EDGs from fire-
                                                    available documents in a particular                     modification scope. The original purpose of           induced overcurrent events allowing local
                                                    hearing docket. Participants are                        the overcurrent protection modifications was          recovery of the EDGs. Several alternative
                                                                                                            to reduce fire risk by protecting the                 means will be made available to provide the
                                                    requested not to include personal
                                                                                                            emergency diesel generations (EDGs) from              power for decay heat removal, RCS inventory
                                                    privacy information, such as social                     fire-induced overcurrent events allowing              and reactivity control, as well as providing
                                                    security numbers, home addresses, or                    local recovery of the EDGs. Several                   power to the vital battery chargers, long-term
                                                    personal phone numbers in their filings,                alternative means will be made available to           indication and control power, and breaker
                                                    unless an NRC regulation or other law                   provide the power for decay heat removal,             control in lieu of ESR–12–0141. Operation of
                                                    requires submission of such                             RCS [reactor coolant system] inventory and            Ginna in accordance with the proposed
                                                    information. For example, in some                       reactivity control, as well as providing power        amendment does not create the possibility of
                                                    instances, individuals provide home                     to the vital battery chargers, long-term              a new or different kind of accident from any
                                                    addresses in order to demonstrate                       indication and control power, and breaker             accident previously evaluated. The proposed
                                                                                                            control.                                              change does not alter the requirements or
                                                    proximity to a facility or site. With
                                                                                                               Operation of Ginna in accordance with the          functions for systems required during
                                                    respect to copyrighted works, except for                proposed amendment does not increase the              accident conditions. Implementation of this
                                                    limited excerpts that serve the purpose                 probability or consequences of accidents              change will not result in new or different
                                                    of the adjudicatory filings and would                   previously evaluated. Engineering analyses,           accidents.
                                                    constitute a Fair Use application,                      which may include engineering evaluations,               The proposed amendment does not
                                                    participants are requested not to include               probabilistic safety assessments, and fire            introduce new or different accident initiators,
                                                    copyrighted materials in their                          modeling calculations, have been performed            nor does it alter design assumptions,
                                                    submission.                                             to demonstrate that the performance-based             conditions, or configurations of the facility in
                                                                                                            requirements of NFPA 805 have been                    such a manner as to introduce new or
                                                    Exelon Generation Company, LLC,                         satisfied with the elimination of fire-induced        different accident initiators. The proposed
                                                    Docket No. 50–244, R.E. Ginna Nuclear                   overcurrent protection. The proposed                  amendment does not adversely affect the
                                                    Power Plant (Ginna), Wayne County,                      amendment does not affect accident                    ability of structures, systems, or components
                                                    New York                                                initiators, nor does it alter design                  to perform their design function. Structures,
                                                                                                            assumptions, conditions, or configurations of         systems, or components required to safely
                                                       Date of amendment request: June 30,                  the facility that would increase the                  shutdown the reactor and maintain it in a
                                                    2017. A publicly-available version is in                probability of accidents previously evaluated.        safe shutdown condition remain capable of
                                                    ADAMS under Accession No.                               Further, the changes to be made for fire              performing their design functions.
                                                    ML17186A233.                                            hazard protection and mitigation do not                  The requirements of NFPA 805 address
                                                       Description of amendment request:                    adversely affect the ability of structures,           only fire protection and the impacts of fire
                                                    This amendment request contains                         systems, or components to perform their               on the plant that have previously been
                                                    safeguards information (SGI). The                       design functions for accident mitigation, nor         evaluated. Thus, implementation of the
                                                    amendment would revise the                              do they affect the postulated initiators or           proposed amendment would not create the
                                                    modification to install overcurrent                     assumed failure models for accidents                  possibility of a new or different kind of
                                                    protection for the emergency diesel                     described and evaluated in the UFSAR                  accident beyond those already analyzed in
                                                                                                            [Updated Final Safety Analysis Report].               the UFSAR. No new accident scenarios,
                                                    generators associated with the
                                                                                                            Structures, systems, or components required           transient precursors, failure mechanisms, or
                                                    implementation of 10 CFR 50.48(c),                      to safely shutdown the reactor and to                 limiting single failures will be introduced,
                                                    National Fire Protection Association                    maintain it in a safe shutdown condition will         and there will be no adverse effect or
                                                    Standard 805 (NFPA 805),                                remain capable of performing their design             challenges imposed on any safety-related
                                                    ‘‘Performance-Based Standard for Fire                   functions.                                            system as a result of the proposed
                                                    Protection for Light-Water Reactor                         The proposed amendment will not affect             amendment.
                                                    Electric Generating Plants,’’ 2001                      the source term, containment isolation, or               Based on the above discussion, it is
                                                    Edition. The amendment would also                       radiological release assumptions used in              concluded that the proposed amendment
                                                    update Attachment C, ‘‘NEI 04–02 Table                  evaluating the radiological consequences of           does not create the possibility of a new or
                                                    B–3 Fire Area Transition’’; Attachment                  any accident previously evaluated, and                different kind of accident from any accident
                                                                                                            equipment required to mitigate an accident            previously evaluated.
                                                    G, ‘‘Recovery Actions Transition’’;                     remains capable of performing the assumed                3. Does the proposed amendment involve
                                                    Attachment M, ‘‘License Condition                       function(s). The applicable radiological dose         a significant reduction in the margin of
                                                    Changes’’; Attachment S,                                criteria will continue to be met.                     safety?
                                                    ‘‘Modifications and Implementation                         The combination of all the proposed                   Response: No.
                                                    Items’’; and Attachment W, ‘‘Fire PRA                   modifications and data updates reduces the               The purpose of the proposed amendment
                                                    [Probabilistic Risk Assessment]                         overall calculated delta risk relative to the         is to permit Ginna to adopt a new fire
                                                                                                            previously submitted information even with            protection licensing basis which complies
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Insights,’’ of the previously approved
                                                    NFPA 805 amendment.                                     the removal of the fire-induced overcurrent           with the requirements in 10 CFR 50.48(a) and
                                                       Basis for proposed no significant                    modifications. The net Core Damage                    (c) and the guidance in Regulatory Guide
                                                                                                            Frequency (CDF) delta risk including the              1.205, Revision 1. The NRC considers that
                                                    hazards consideration determination:
                                                                                                            internal events offset is 4E–6. The net Large         NFPA 805 provides an acceptable
                                                    As required by 10 CFR 50.91(a), the                     Early Release Frequency (LERF) delta risk             methodology and performance criteria for
                                                    licensee has provided its analysis of the               including the internal events offset is less          licensees to identify fire protection systems
                                                    issue of no significant hazards                         than 1E–7.                                            and features that are an acceptable alternative
                                                    consideration, which is presented                          Based on the above discussion, it is               to the 10 CFR 50, Appendix R required fire
                                                    below:                                                  concluded that the proposed amendment                 protection features (69 FR 33536; June 16,



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                                                    46098                        Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                    2004). The proposed change eliminates the               PSEG Nuclear LLC, Docket No. 50–354,                  demonstrate that acceptance criteria for
                                                    overcurrent protection modifications which              Hope Creek Generating Station,                        applicable analyses continue to be met at the
                                                    were intended to reduce fire risk by                    Hancocks Bridge, New Jersey                           uprated conditions. As such, applicable
                                                    protecting the EDGs from fire-induced                                                                         accident analyses continue to comply with
                                                    overcurrent events allowing local recovery of              Date of amendment request: July 7,                 the relevant event acceptance criteria. The
                                                    the EDGs. Several alternative means will be             2017. A publicly-available version is in              analyses performed to assess the effects of
                                                    made available to provide the power for                 ADAMS under Package Accession No.                     mass and energy releases remain valid.
                                                    decay heat removal, RCS inventory and                   ML17188A259.                                          Source terms used to assess radiological
                                                    reactivity control, and vital auxiliaries such             Description of amendment request:                  consequences have been determined to
                                                    as providing power to the vital battery                 This amendment request contains                       bound operation at the uprated power level.
                                                    chargers, long-term indication and control                                                                       Power level is an input assumption to
                                                                                                            sensitive unclassified non-safeguards                 equipment design and accident analyses, but
                                                    power, and breaker control functions in lieu            information (SUNSI). The amendment                    is not a transient or accident initiator.
                                                    of ESR–12–0141. These alternative means                 would revise the Renewed Facility                     Accident initiators are not affected by the
                                                    will ensure that this change does not result            Operating License and Technical                       power uprate, and plant safety barrier
                                                    in a significant reduction in the margin of
                                                                                                            Specifications to implement a                         challenges are not created by the proposed
                                                    safety.
                                                                                                            measurement uncertainty recapture                     change.
                                                       The overall approach of NFPA 805 is
                                                                                                            power uprate. Specifically, the                          Therefore, the proposed change does not
                                                    consistent with the key principles for                                                                        involve a significant increase in the
                                                    evaluating license basis changes, as described          amendment would authorize an
                                                                                                                                                                  probability or consequences of an accident
                                                    in Regulatory Guide 1.174, Revision 2, is               increase in the maximum licensed                      previously evaluated.
                                                    consistent with the defense-in-depth                    thermal power level from 3,840                           2. Does the proposed change create the
                                                    philosophy, and maintains sufficient safety             megawatts thermal (MWt) to 3,902 MWt,                 possibility of a new or different kind of
                                                    margins. Engineering analysis, which may                which is an increase of approximately                 accident from any accident previously
                                                    include engineering evaluations,                        1.6 percent.                                          evaluated?
                                                    probabilistic safety assessments, and fire                 Basis for proposed no significant                     Response: No.
                                                    modeling calculations, have been performed              hazards consideration determination:                     No new accident scenarios, failure
                                                    to demonstrate that the performance-based                                                                     mechanisms, or single failures are introduced
                                                                                                            As required by 10 CFR 50.91(a), the
                                                    methods do not result in a significant                                                                        as a result of the proposed change.
                                                    reduction in the margin of safety.                      licensee has provided its analysis of the
                                                                                                                                                                  Structures, systems, and components
                                                       Operation of Ginna in accordance with the            issue of no significant hazards                       previously required for transient mitigation
                                                    proposed amendment does not involve a                   consideration, which is presented                     remain capable of fulfilling their intended
                                                    significant reduction in the margin of safety.          below:                                                design functions. The proposed change has
                                                    The proposed amendment does not alter the                  1. Does the proposed change involve a              no adverse effect on any safety-related
                                                    manner in which safety limits, limiting safety          significant increase in the probability or            structures, systems, or components and does
                                                    system settings, or limiting conditions for             consequences of an accident previously                not challenge the performance or integrity of
                                                    operation are determined. The safety analysis           evaluated?                                            any safety-related system.
                                                    acceptance criteria are not affected by this               Response: No.                                         The proposed change does not adversely
                                                    change. The proposed amendment does not                    The proposed change will increase the              affect any current system interfaces or create
                                                    alter the manner in which safety limits,                Hope Creek Generating Station rated thermal           any new interfaces that could result in an
                                                    limiting safety system settings, or limiting            power (RTP) from 3840 megawatts thermal               accident or malfunction of a different kind
                                                    conditions for operation are determined. The            (MWt) to 3902 MWt. The reviews and                    than previously evaluated. Plant operation at
                                                    safety analysis acceptance criteria are not             evaluations performed to support the                  3902 MWt does not create any new accident
                                                    affected by this change. The proposed                   proposed uprated power conditions included            initiators or precursors. Credible
                                                    amendment does not adversely affect existing            all structures, systems, and components that          malfunctions are bounded by the current
                                                    plant safety margins or the reliability of              would be affected by the proposed changes.            accident analyses of record or recent
                                                    equipment assumed to mitigate accident sin              The reviews and evaluations determined that           evaluations demonstrating that applicable
                                                    the UFSAR. The proposed amendment does                  these structures, systems, and components             criteria are still met with the proposed
                                                    not adversely affect the ability of structures,         are capable of performing their design                change.
                                                    systems, or components to perform their                 function at the proposed uprated RTP of 3902             Therefore, the proposed change does not
                                                    design function. Structures, systems, or                MWt. Accident mitigation systems will                 create the possibility of a new or different
                                                    components required to safely shut down the             function as designed. The performance                 kind of accident from any accident
                                                    reactor and to maintain it in a safe shutdown           requirements for these systems have been              previously evaluated.
                                                    condition remain capable of performing their            evaluated and found acceptable. Thus, the                3. Do the proposed changes involve a
                                                    design functions.                                       proposed changes do not create any new                significant reduction in a margin of safety?
                                                       Based on the above discussion, it is                 accident initiators or increase the probability          Response: No.
                                                                                                            of an accident previously evaluated.                     The margins of safety associated with the
                                                    concluded that the proposed amendment
                                                                                                               The primary loop components (e.g., reactor         power uprate are those pertaining to core
                                                    does not involve a significant reduction in
                                                                                                            vessel, reactor internals, control rod drive          thermal power. Analyses of the primary
                                                    the margin of safety.
                                                                                                            housings, piping and supports, and                    fission product barriers have concluded that
                                                                                                            recirculation pumps) remain within their              relevant design criteria remain satisfied, both
                                                       The NRC staff has reviewed the                       applicable structural limits and will continue        from the standpoint of primary fission
                                                    licensee’s analysis and, based on this                  to perform their intended design function at          product barrier integrity and compliance
                                                    review, it appears that the three                       the uprated power level. Thus, there is no            with the required acceptance criteria. As
                                                    standards of 10 CFR 50.92(c) are                        increase in the probability of a structural           appropriate, evaluations have been
                                                    satisfied. Therefore, the NRC staff                     failure from these components. The safety             performed using methods that have either
                                                    proposes to determine that the                          relief valves and containment isolation               been reviewed and approved by the Nuclear
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                                                    amendment request involves no                           valves meet design sizing requirements at the         Regulatory Commission, or are in compliance
                                                    significant hazards consideration.                      uprated power level. Because the plant                with regulatory review guidance and
                                                                                                            integrity will not be affected by operation at        standards.
                                                       Attorney for licensee: Tamra Domeyer,                the uprated condition, PSEG Nuclear LLC                  Therefore, the proposed changes do not
                                                    Associate General Counsel, Exelon                       (PSEG) has concluded that all structures,             involve a significant reduction in a margin of
                                                    Generation Company, LLC, 4300                           systems, and components required to                   safety.
                                                    Winfield Road, Warrenville, Illinois                    mitigate a transient remain capable of
                                                                                                            fulfilling their intended functions.                     The NRC staff has reviewed the
                                                    60555.                                                     The current safety analyses were evaluated         licensee’s analysis and, based on this
                                                       NRC Branch Chief: James G. Danna.                    for operation at 3902 MWt. The results                review, it appears that the three


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                                                                                 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                               46099

                                                    standards of 10 CFR 50.92(c) are                        providing adequate area cooling for both              kind of accident from any accident
                                                    satisfied. Therefore, the NRC staff                     trains of Class 1E electrical equipment during        previously evaluated.
                                                    proposes to determine that the                          normal and accident conditions (with                     3. Does the proposed amendment involve
                                                                                                            mitigating actions being required).                   a significant reduction in a margin of safety?
                                                    amendment request involves no
                                                                                                               Overall protection system performance will            Response: No.
                                                    significant hazards consideration.                      remain within the bounds of the previously               The proposed specification allows for a
                                                      Attorney for licensee: Jeffrie J. Keenan,             performed accident analyses since no                  period of time in which one Class 1E
                                                    PSEG Nuclear LLC—N21, P.O. Box 236,                     hardware changes are proposed to the                  electrical equipment A/C train is capable of
                                                    Hancocks Bridge, New Jersey 08038.                      protection systems. The same Reactor Trip             providing adequate area cooling for both
                                                      NRC Branch Chief: James G. Danna.                     System (RTS) and Engineered Safety Feature            trains of Class 1E electrical equipment during
                                                                                                            Actuation System (ESFAS) instrumentation              normal and accident conditions (with
                                                    Wolf Creek Nuclear Operating                            will continue to be used. The protection              mitigating actions being required). The
                                                    Corporation, Docket No. 50–482, Wolf                    systems will continue to function in a                proposed change does not impact accident
                                                    Creek Generating Station, (WCGS)                        manner consistent with the plant design               offsite dose, containment pressure or
                                                    Coffey County, Kansas                                   basis. The proposed change will not                   temperature, Emergency Core Cooling System
                                                                                                            adversely affect accident initiators or               settings or Reactor Protection System
                                                       Date of amendment request: June 28,
                                                                                                            precursors nor adversely alter the design             settings, or any other parameter that could
                                                    2017. A publicly-available version is in                assumptions and conditions of the facility or         affect a margin of safety. The margin of safety
                                                    ADAMS under Accession No.                               the manner in which the plant is operated             is enhanced by periodically verifying the area
                                                    ML17186A082.                                            and maintained with respect to such                   room temperatures are maintained within
                                                       Description of amendment request:                    initiators or precursors.                             limit while one Class 1E electrical equipment
                                                    This amendment request contains                            The proposed change will not alter or              A/C train is inoperable and allowing a
                                                    sensitive unclassified non-safeguards                   prevent the capability of structures, systems,        reasonable period to perform preventive and
                                                    information (SUNSI). The amendment                      and components (SSCs) to perform their                corrective maintenance thus increasing
                                                    would add new Technical Specification                   intended functions for mitigating the                 system reliability.
                                                    (TS) 3.7.20, ‘‘Class 1E Electrical                      consequences of an accident and meeting                  Therefore, the proposed change does not
                                                                                                            applicable acceptance limits.                         involve a significant reduction in a margin of
                                                    Equipment Air Conditioning (A/C)                           Therefore, the proposed change does not
                                                    System,’’ to the WCGS TSs. New TS                                                                             safety.
                                                                                                            involve a significant increase in the
                                                    3.7.20 would include the limiting                       probability or consequences of an accident               The NRC staff has reviewed the
                                                    condition for operation (LCO) statement,                previously evaluated.                                 licensee’s analysis and, based on this
                                                    Applicability during which the LCO                         2. Does the proposed amendment create              review, it appears that the three
                                                    must be met, ACTIONS (with                              the possibility of a new or different kind of         standards of 10 CFR 50.92(c) are
                                                    Conditions, Required Actions, and                       accident from any accident previously                 satisfied. Therefore, the NRC staff
                                                    Completion Times) to be applied when                    evaluated?
                                                                                                                                                                  proposes to determine that the
                                                    the LCO is not met, and Surveillance                       Response: No.
                                                                                                               No new accident scenarios, transient               amendment request involves no
                                                    Requirements (SRs) with a specified                     precursors, failure mechanisms, or limiting           significant hazards consideration.
                                                    Frequency to demonstrate that the LCO                   single failures will be introduced as a result           Attorney for licensee: Jay Silberg, Esq.,
                                                    is met for the Class 1 E Electrical                     of this amendment. No new or different                Pillsbury Winthrop Shaw Pittman LLP,
                                                    Equipment A/C System trains at WCGS.                    accidents result from addition of the                 2300 N Street NW., Washington, DC
                                                    Additionally, the Table of Contents                     proposed specification. The Class 1E                  20037.
                                                    would also be revised to reflect the                    electrical equipment A/C trains maintain the
                                                                                                                                                                     NRC Branch Chief: Robert J.
                                                    incorporation of new TS 3.7.20.                         capability to perform their specified safety
                                                                                                            function. The proposed license amendment              Pascarelli.
                                                       Basis for proposed no significant
                                                    hazards consideration determination:                    includes regulatory commitments to achieve            Order Imposing Procedures for Access
                                                    As required by 10 CFR 50.91(a), the                     the capability for one OPERABLE Class 1E              to Sensitive Unclassified Non-
                                                                                                            electrical equipment A/C train to provide
                                                    licensee has provided its analysis of the                                                                     Safeguards Information and Safeguards
                                                                                                            adequate cooling for both trains of electrical
                                                    issue of no significant hazards                         equipment during normal and accident                  Information for Contention Preparation
                                                    consideration, which is presented                       conditions by design changes. [The planned            PSEG Nuclear LLC, Docket No. 50–354,
                                                    below:                                                  modifications proposed by regulatory                  Hope Creek Generating Station,
                                                       1. Does the proposed amendment involve               commitments will be implemented under the
                                                                                                                                                                  Hancocks Bridge, New Jersey
                                                    a significant increase in the probability or            requirements of 10 CFR 50.59.]
                                                    consequences of an accident previously                     The proposed amendment will not alter the          Exelon Generation Company, LLC,
                                                    evaluated?                                              design or performance of the 7300 Process             Docket No. 50–244, R. E. Ginna Nuclear
                                                       Response: No.                                        Protection System, Nuclear Instrumentation            Power Plant, Wayne County, New York
                                                       The proposed addition of TS 3.7.20 creates           System, Solid State Protection System,
                                                    a[n] LCO for the Class 1E Electrical                    Balance of Plant Engineered Safety Features           Wolf Creek Nuclear Operating
                                                    Equipment A/C System that is required to                Actuation System, Main Steam and                      Corporation, Docket No. 50–482, Wolf
                                                    support the TS Class 1E electrical equipment.           Feedwater Isolation System, or Load Shedder           Creek Generating Station, Coffey
                                                    The 30 day Completion Time to restore an                and Emergency Load Sequencers used in the             County, Kansas
                                                    inoperable Class 1E electrical equipment A/             plant protection systems.
                                                    C train to OPERABLE status is consistent                   The proposed change adds requirements in             A. This Order contains instructions
                                                    with the Control Room Air Conditioning                  the TSs that were previously located in plant         regarding how potential parties to this
                                                    System (CRACS) and is supported by a plant              procedures. One OPERABLE Class 1E                     proceeding may request access to
                                                                                                            electrical equipment A/C train is capable of
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                                                    specific calculation. The Class 1E Electrical                                                                 documents containing sensitive
                                                    Equipment A/C Systems’ actuation,                       providing adequate area cooling for both              unclassified information (including
                                                    operation, or failure is not an initiator to any        trains of Class 1E electrical equipment during        Sensitive Unclassified Non-Safeguards
                                                    accident previously evaluated. As a result,             normal and accident conditions (with
                                                                                                                                                                  Information (SUNSI) and Safeguards
                                                    the probability of an accident previously               mitigating actions being required). The
                                                    evaluated is not significantly increased.               change does not have a detrimental impact             Information (SGI)). Requirements for
                                                    Conversely, the proposed change provides a              on the manner in which plant equipment                access to SGI are primarily set forth in
                                                    period of time to recover an unexpected loss            operates or responds to an actuation signal.          10 CFR parts 2 and 73. Nothing in this
                                                    of cooling capability with one OPERABLE                    Therefore, the proposed change will not            Order is intended to conflict with the
                                                    Class 1E electrical equipment A/C train                 create the possibility of a new or different          SGI regulations.


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                                                    46100                        Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                       B. Within 10 days after publication of               aid the requestor in evaluating the SGI.                MAILSVC.Resource@nrc.gov. The
                                                    this notice of hearing and opportunity to               In addition, the request must contain                   fingerprint card will be used to satisfy
                                                    petition for leave to intervene, any                    the following information:                              the requirements of 10 CFR part 2,
                                                    potential party who believes access to                     (a) A statement that explains each                   subpart C, 10 CFR 73.22(b)(1), and
                                                    SUNSI or SGI is necessary to respond to                 individual’s ‘‘need to know’’ the SGI, as               Section 149 of the Atomic Energy Act of
                                                    this notice may request access to SUNSI                 required by 10 CFR 73.2 and 10 CFR                      1954, as amended, which mandates that
                                                    or SGI. A ‘‘potential party’’ is any                    73.22(b)(1). Consistent with the                        all persons with access to SGI must be
                                                    person who intends to participate as a                  definition of ‘‘need to know’’ as stated                fingerprinted for an FBI identification
                                                    party by demonstrating standing and                     in 10 CFR 73.2, the statement must                      and criminal history records check.
                                                    filing an admissible contention under 10                explain:                                                   (d) A check or money order payable
                                                    CFR 2.309. Requests for access to SUNSI                    (i) Specifically why the requestor                   in the amount of $324.00 4 to the U.S.
                                                    or SGI submitted later than 10 days after               believes that the information is                        Nuclear Regulatory Commission for
                                                    publication will not be considered                      necessary to enable the requestor to                    each individual for whom the request
                                                    absent a showing of good cause for the                  proffer and/or adjudicate a specific                    for access has been submitted.
                                                    late filing, addressing why the request                 contention in this proceeding; 2 and                       (e) If the requestor or any
                                                    could not have been filed earlier.                         (ii) The technical competence
                                                                                                                                                                    individual(s) who will have access to
                                                       C. The requestor shall submit a letter               (demonstrable knowledge, skill, training
                                                                                                                                                                    SGI believes they belong to one or more
                                                    requesting permission to access SUNSI,                  or education) of the requestor to
                                                                                                                                                                    of the categories of individuals that are
                                                    SGI, or both to the Office of the                       effectively utilize the requested SGI to
                                                                                                            provide the basis and specificity for a                 exempt from the criminal history
                                                    Secretary, U.S. Nuclear Regulatory                                                                              records check and background check
                                                    Commission, Washington, DC 20555–                       proffered contention. The technical
                                                                                                            competence of a potential party or its                  requirements in 10 CFR 73.59, the
                                                    0001, Attention: Rulemakings and                                                                                requestor should also provide a
                                                    Adjudications Staff, and provide a copy                 counsel may be shown by reliance on a
                                                                                                            qualified expert, consultant, or assistant              statement identifying which exemption
                                                    to the Associate General Counsel for
                                                                                                            who satisfies these criteria.                           the requestor is invoking and explaining
                                                    Hearings, Enforcement and
                                                                                                               (b) A completed Form SF–85,                          the requestor’s basis for believing that
                                                    Administration, Office of the General
                                                                                                            ‘‘Questionnaire for Non-Sensitive                       the exemption applies. While
                                                    Counsel, U.S. Nuclear Regulatory
                                                                                                            Positions,’’ for each individual who                    processing the request, the Office of
                                                    Commission, Washington, DC 20555–
                                                                                                            would have access to SGI. The                           Administration, Personnel Security
                                                    0001. The expedited delivery or courier
                                                                                                            completed Form SF–85 will be used by                    Branch, will make a final determination
                                                    mail address for both offices is: U.S.
                                                                                                            the Office of Administration to conduct                 whether the claimed exemption applies.
                                                    Nuclear Regulatory Commission, 11555
                                                                                                            the background check required for                       Alternatively, the requestor may contact
                                                    Rockville Pike, Rockville, Maryland
                                                                                                            access to SGI, as required by 10 CFR                    the Office of Administration for an
                                                    20852. The email address for the Office
                                                    of the Secretary and the Office of the                  part 2, subpart C, and 10 CFR                           evaluation of their exemption status
                                                    General Counsel are Hearing.Docket@                     73.22(b)(2), to determine the requestor’s               prior to submitting their request.
                                                    nrc.gov and OGCmailcenter@nrc.gov,                      trustworthiness and reliability. For                    Persons who are exempt from the
                                                    respectively.1 The request must include                 security reasons, Form SF–85 can only                   background check are not required to
                                                    the following information:                              be submitted electronically through the                 complete the SF–85 or Form FD–258;
                                                       (1) A description of the licensing                   electronic questionnaire for                            however, all other requirements for
                                                    action with a citation to this Federal                  investigations processing (e-QIP) Web                   access to SGI, including the need to
                                                    Register notice;                                        site, a secure Web site that is owned and               know, are still applicable.
                                                       (2) The name and address of the                      operated by the Office of Personnel                       Note: Copies of documents and materials
                                                    potential party and a description of the                Management. To obtain online access to                  required by paragraphs C.(4)(b), (c), and (d)
                                                    potential party’s particularized interest               the form, the requestor should contact                  of this Order must be sent to the following
                                                    that could be harmed by the action                      the NRC’s Office of Administration at                   address: U.S. Nuclear Regulatory
                                                    identified in C.(1);                                    301–415–3710.3                                          Commission, ATTN: Personnel Security
                                                       (3) If the request is for SUNSI, the                    (c) A completed Form FD–258                          Branch, Mail Stop TWFN–03–B46M, 11555
                                                                                                            (fingerprint card), signed in original ink,             Rockville Pike, Rockville, MD 20852.
                                                    identity of the individual or entity
                                                    requesting access to SUNSI and the                      and submitted in accordance with 10                        These documents and materials
                                                    requestor’s basis for the need for the                  CFR 73.57(d). Copies of Form FD–258                     should not be included with the request
                                                    information in order to meaningfully                    may be obtained by writing the Office of                letter to the Office of the Secretary, but
                                                    participate in this adjudicatory                        Administrative Services, Mail Services                  the request letter should state that the
                                                    proceeding. In particular, the request                  Center, Mail Stop P1–37, U.S. Nuclear                   forms and fees have been submitted as
                                                    must explain why publicly-available                     Regulatory Commission, Washington,                      required.
                                                    versions of the information requested                   DC 20555–0001, or by email to                              D. To avoid delays in processing
                                                    would not be sufficient to provide the                                                                          requests for access to SGI, the requestor
                                                                                                              2 Broad SGI requests under these procedures are
                                                    basis and specificity for a proffered                                                                           should review all submitted materials
                                                                                                            unlikely to meet the standard for need to know;
                                                    contention; and                                         furthermore, NRC staff redaction of information         for completeness and accuracy
                                                       (4) If the request is for SGI, the                   from requested documents before their release may       (including legibility) before submitting
                                                    identity of each individual who would                   be appropriate to comport with this requirement.        them to the NRC. The NRC will return
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                                                    have access to SGI if the request is                    These procedures do not authorize unrestricted          incomplete packages to the sender
                                                                                                            disclosure or less scrutiny of a requestor’s need to
                                                    granted, including the identity of any                  know than ordinarily would be applied in                without processing.
                                                    expert, consultant, or assistant who will               connection with an already-admitted contention or          E. Based on an evaluation of the
                                                                                                            non-adjudicatory access to SGI.                         information submitted under paragraphs
                                                       1 While a request for hearing or petition to           3 The requestor will be asked to provide his or her
                                                                                                                                                                    C.(3) or C.(4) above, as applicable, the
                                                    intervene in this proceeding must comply with the       full name, social security number, date and place
                                                    filing requirements of the NRC’s ‘‘E-Filing Rule,’’     of birth, telephone number, and email address.
                                                    the initial request to access SUNSI and/or SGI          After providing this information, the requestor           4 This fee is subject to change pursuant to the

                                                    under these procedures should be submitted as           usually should be able to obtain access to the online   Office of Personnel Management’s adjustable billing
                                                    described in this paragraph.                            form within one business day.                           rates.



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                                                                                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                                     46101

                                                    NRC staff will determine within 10 days                 SGI protection program to meet SGI                      determination with respect to
                                                    of receipt of the request whether:                      protection requirements.                                trustworthiness and reliability for access
                                                      (1) There is a reasonable basis to                       I. Filing of Contentions. Any                        to SGI by filing a request for review in
                                                    believe the petitioner is likely to                     contentions in these proceedings that                   accordance with 10 CFR 2.336(f)(1)(iv).
                                                    establish standing to participate in this               are based upon the information received                    (5) Further appeals of decisions under
                                                    NRC proceeding; and                                     as a result of the request made for                     this paragraph must be made pursuant
                                                      (2) The requestor has established a                   SUNSI or SGI must be filed by the                       to 10 CFR 2.311.
                                                    legitimate need for access to SUNSI or                  requestor no later than 25 days after                      K. Review of Grants of Access. A
                                                    need to know the SGI requested.                         receipt of (or access to) that information.
                                                      F. For requests for access to SUNSI, if                                                                       party other than the requestor may
                                                                                                            However, if more than 25 days remain                    challenge an NRC staff determination
                                                    the NRC staff determines that the                       between the petitioner’s receipt of (or
                                                    requestor satisfies both E.(1) and E.(2)                                                                        granting access to SUNSI whose release
                                                                                                            access to) the information and the                      would harm that party’s interest
                                                    above, the NRC staff will notify the                    deadline for filing all other contentions
                                                    requestor in writing that access to                                                                             independent of the proceeding. Such a
                                                                                                            (as established in the notice of hearing                challenge must be filed within 5 days of
                                                    SUNSI has been granted. The written                     or opportunity for hearing), the
                                                    notification will contain instructions on                                                                       the notification by the NRC staff of its
                                                                                                            petitioner may file its SUNSI or SGI                    grant of access and must be filed with:
                                                    how the requestor may obtain copies of                  contentions by that later deadline.
                                                    the requested documents, and any other                                                                          (a) The presiding officer designated in
                                                                                                               J. Review of Denials of Access.
                                                    conditions that may apply to access to                     (1) If the request for access to SUNSI               this proceeding; (b) if no presiding
                                                    those documents. These conditions may                   or SGI is denied by the NRC staff either                officer has been appointed, the Chief
                                                    include, but are not limited to, the                    after a determination on standing and                   Administrative Judge, or if he or she is
                                                    signing of a Non-Disclosure Agreement                   requisite need, or after a determination                unavailable, another administrative
                                                    or Affidavit, or Protective Order setting               on trustworthiness and reliability, the                 judge, or an Administrative Law Judge
                                                    forth terms and conditions to prevent                   NRC staff shall immediately notify the                  with jurisdiction pursuant to 10 CFR
                                                    the unauthorized or inadvertent                         requestor in writing, briefly stating the               2.318(a); or (c) if another officer has
                                                    disclosure of SUNSI by each individual                  reason or reasons for the denial.                       been designated to rule on information
                                                    who will be granted access to SUNSI.5                      (2) Before the Office of                             access issues, with that officer.
                                                      G. For requests for access to SGI, if the             Administration makes a final adverse                       If challenges to the NRC staff
                                                    NRC staff determines that the requestor                 determination regarding the                             determinations are filed, these
                                                    has satisfied both E.(1) and E.(2) above,               trustworthiness and reliability of the                  procedures give way to the normal
                                                    the Office of Administration will then                  proposed recipient(s) for access to SGI,                process for litigating disputes
                                                    determine, based upon completion of                     the Office of Administration, in                        concerning access to information. The
                                                    the background check, whether the                       accordance with 10 CFR 2.336(f)(1)(iii),                availability of interlocutory review by
                                                    proposed recipient is trustworthy and                   must provide the proposed recipient(s)                  the Commission of orders ruling on
                                                    reliable, as required for access to SGI by              any records that were considered in the                 such NRC staff determinations (whether
                                                    10 CFR 73.22(b). If the Office of                       trustworthiness and reliability                         granting or denying access) is governed
                                                    Administration determines that the                      determination, including those required                 by 10 CFR 2.311.7
                                                    individual or individuals are                           to be provided under 10 CFR                                L. The Commission expects that the
                                                    trustworthy and reliable, the NRC will                  73.57(e)(1), so that the proposed                       NRC staff and presiding officers (and
                                                    promptly notify the requestor in writing.               recipient(s) have an opportunity to                     any other reviewing officers) will
                                                    The notification will provide the names                 correct or explain the record.                          consider and resolve requests for access
                                                    of approved individuals as well as the                     (3) The requestor may challenge the                  to SUNSI or SGI, and motions for
                                                    conditions under which the SGI will be                  NRC staff’s adverse determination with                  protective orders, in a timely fashion in
                                                    provided. Those conditions may                          respect to access to SUNSI or with                      order to minimize any unnecessary
                                                    include, but are not limited to, the                    respect to standing or need to know for                 delays in identifying those petitioners
                                                    signing of a Non-Disclosure Agreement                   SGI by filing a challenge within 5 days                 who have standing and who have
                                                    or Affidavit, or Protective Order 6 by                  of receipt of that determination with: (a)              propounded contentions meeting the
                                                    each individual who will be granted                     The presiding officer designated in this                specificity and basis requirements in 10
                                                    access to SGI.                                          proceeding; (b) if no presiding officer                 CFR part 2. The attachment to this
                                                      H. Release and Storage of SGI. Prior                  has been appointed, the Chief                           Order summarizes the general target
                                                    to providing SGI to the requestor, the                  Administrative Judge, or if he or she is                schedule for processing and resolving
                                                    NRC staff will conduct (as necessary) an                unavailable, another administrative                     requests under these procedures.
                                                    inspection to confirm that the                          judge, or an Administrative Law Judge                      It is so ordered.
                                                    recipient’s information protection                      with jurisdiction pursuant to 10 CFR
                                                    system is sufficient to satisfy the                                                                               Dated at Rockville, Maryland, this 15th day
                                                                                                            2.318(a); or (c) if another officer has                 of September 2017.
                                                    requirements of 10 CFR 73.22.                           been designated to rule on information
                                                    Alternatively, recipients may opt to                                                                              For the Nuclear Regulatory Commission.
                                                                                                            access issues, with that officer.
                                                    view SGI at an approved SGI storage                        (4) The requestor may challenge the                  Rochelle C. Bavol,
                                                    location rather than establish their own                Office of Administration’s final adverse                Acting, Secretary of the Commission.
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                                                      5 Any motion for Protective Order or draft Non-       filed with the presiding officer or the Chief           46562; August 3, 2012) apply to appeals of NRC
                                                    Disclosure Affidavit or Agreement for SUNSI must        Administrative Judge if the presiding officer has not   staff determinations (because they must be served
                                                    be filed with the presiding officer or the Chief        yet been designated, within 180 days of the             on a presiding officer or the Commission, as
                                                    Administrative Judge if the presiding officer has not   deadline for the receipt of the written access          applicable), but not to the initial SUNSI/SGI request
                                                    yet been designated, within 30 days of the deadline     request.
                                                                                                                                                                    submitted to the NRC staff under these procedures.
                                                    for the receipt of the written access request.             7 Requestors should note that the filing
                                                      6 Any motion for Protective Order or draft Non-       requirements of the NRC’s E-Filing Rule (72 FR
                                                    Disclosure Agreement or Affidavit for SGI must be       49139; August 28, 2007, as amended at 77 FR



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                                                    46102                                    Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

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

                                                    0 ............................   Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access
                                                                                        requests.
                                                    10 ..........................    Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) 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 back-
                                                                                        ground check (including 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 rul-
                                                                                        ing 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 in-
                                                                                        terest 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 reli-
                                                                                        able). 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 dead-
                                                                                        line.
                                                    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. 2017–20084 Filed 10–2–17; 8:45 am]                          policies and practices. The document is                    adams.html. To begin the search, select
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                                                    Licenses: Program-Specific Guidance                                  individual listed in the FOR FURTHER
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Document Created: 2017-10-03 01:01:45
Document Modified: 2017-10-03 01:01:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment request; opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
DatesComments must be filed by November 2, 2017. A request for a hearing must be filed by December 4, 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 October 13, 2017.
ContactLynn Ronewicz, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1927, email: [email protected]
FR Citation82 FR 46094 

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