82_FR_57710 82 FR 57478 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

82 FR 57478 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 232 (December 5, 2017)

Page Range57478-57484
FR Document2017-25390

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for Shearon Harris Nuclear Power Plant, Unit 1; and LaSalle County Station, Units 1 and 2. The NRC proposes to determine that each amendment request involves no significant hazards consideration. Because each amendment request contains sensitive unclassified non- safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation.

Federal Register, Volume 82 Issue 232 (Tuesday, December 5, 2017)
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Notices]
[Pages 57478-57484]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25390]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0219]


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

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of two amendment requests. The amendment requests 
are for Shearon Harris Nuclear Power Plant, Unit 1; and LaSalle County 
Station, Units 1 and 2. The NRC proposes to determine that each 
amendment request involves no significant hazards consideration. 
Because each amendment request contains sensitive unclassified non-
safeguards information (SUNSI), an order imposes procedures to obtain 
access to SUNSI for contention preparation.

DATES: Comments must be filed by January 4, 2018. A request for a 
hearing must be filed by February 5, 2018. Any potential party as 
defined in Sec.  2.4 of title 10 of the Code of Federal Regulations (10 
CFR), who believes access to SUNSI is necessary to respond to this 
notice must request document access by December 15, 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-2017-0219. 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

[[Page 57479]]

INFORMATION CONTACT section of this document.
     Mail comments to: May Ma, Office of Administration, Mail 
Stop: OWFN-2-A13, 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-2017-0219, 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-2017-0219.
     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-2017-0219, 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 posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

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

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

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment 
period such that failure to act in a timely way would result, for 
example, in derating or shutdown of the facility. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish a notice of issuance in the Federal 
Register. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under

[[Page 57480]]

the Act to be made a party to the proceeding; (3) the nature and extent 
of the petitioner's property, financial, or other interest in the 
proceeding; and (4) the possible effect of any decision or order which 
may be entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective, notwithstanding the request for a hearing. Any 
hearing would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of the amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission 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

[[Page 57481]]

the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.

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

    Date of amendment request: June 28, 2017, as supplemented by letter 
dated September 14, 2017. Publicly-available versions are in ADAMS 
under Accession Nos. ML17193B165 and ML17257A245, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would modify the Technical Specifications (TSs) for fuel 
storage criticality to account for the use of neutron absorbing spent 
fuel pool (SFP) rack inserts and soluble boron for the purpose of 
criticality control in the boiling water reactor (BWR) storage racks 
that currently credit Boraflex.
    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?
    The proposed change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated. 
As this amendment request pertains only to the spent fuel pool, only 
those accidents that are related to movement and storage of fuel 
assemblies in the SFP could potentially be affected by the proposed 
change. The proposed change modifies HNP TS 5.6.1.3 to reflect the 
respective design features of the two BWR rack types utilized in 
these pools, including adjusted requirements for the Boraflex racks 
that account for use of neutron absorbing inserts. The change is 
necessary to ensure that, with continued Boraflex degradation over 
time, the effective neutron multiplication factor, keff, 
is less than or equal to 0.95 if the spent fuel pool is flooded with 
borated water, and that it is less than 1.0 if flooded with 
unborated water, as required by 10 CFR 50.68(b)(4).
    The installation of DREAM [Device for Reactivity Mitigation] 
rack inserts and credit for soluble boron does not result in a 
significant increase in the probability of an accident previously 
analyzed because there are no changes in the manner in which spent 
fuel is handled, moved, or stored in the rack cells. The probability 
that a fuel assembly would be dropped or misloaded is unchanged by 
the installation of the DREAM rack inserts and use of additional 
administrative controls on BWR fuel storage in these racks. These 
events involve failures of administrative controls, human 
performance, and equipment failures that are unaffected by the 
presence or absence of Boraflex and the rack inserts. The 
probability of a SFP dilution event is also unchanged. The soluble 
boron is already present in SFPs A and B and no changes are proposed 
regarding the manner in which soluble boron is managed. The current 
controls in place remain applicable.
    The installation of the DREAM rack inserts and crediting of 
soluble boron does not result in a significant increase in the 
consequences of an accident previously analyzed because there is no 
change in the fuel assemblies that provide the source terms used in 
calculating the radiological consequences of a fuel handling 
accident. In addition, consistent with the current design, only one 
fuel assembly will be moved at a time. Thus, the consequences of 
dropping a fuel assembly onto any other fuel assembly or other 
structure remain bounded by the previously analyzed fuel handling 
accident. The proposed change does not affect the effectiveness of 
the other engineered design features, such as filtration systems, 
that limit the offsite dose consequences of a fuel handling 
accident.
    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 previously evaluated?
    The proposed change does not create the possibility of a new or 
different kind of

[[Page 57482]]

accident from any accident previously evaluated. The rack inserts 
are passive devices that, when inside a spent fuel storage rack 
cell, perform the same function as the previously licensed Boraflex 
neutron absorber panels in that cell. These devices do not add any 
limiting structural loads or affect the removal of decay heat from 
the assemblies. No change in total heat load in the spent fuel pool 
is being made. The inserts will maintain their design function over 
the life of the spent fuel pool. The existing fuel handling 
accident, which assumes the drop of a fuel assembly, bounds the drop 
of a rack insert and/or rack insert installation tool. This proposed 
change does not create the possibility of misloading an assembly 
into a spent fuel storage rack cell.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    The proposed change does not involve a significant reduction in 
a margin of safety. The DREAM rack inserts are being installed to 
restore the spent fuel pool criticality margin, compensating for the 
degraded Boraflex neutron absorber. The DREAM rack inserts, once 
approved for crediting, will replace the existing Boraflex as the 
credited neutron absorber for controlling spent fuel pool 
reactivity, even though the Boraflex absorber will remain in place.
    The proposed HNP TS 5.6.1.3.a.1 requires that the BWR spent fuel 
storage racks with Metamic rack inserts maintain the effective 
neutron multiplication factor, k eff, less than or equal 
to 0.95 when flooded with water borated to 1000 ppm [parts per 
million]. This includes an allowance for uncertainties in such that 
the TS limit for boron concentration in the SFPs, HNP TS 3.7.14, 
shall be greater than or equal to 2000 ppm at all times for pools 
that contain nuclear fuel. Therefore, for criticality, the required 
safety margin is 5% including a conservative margin to account for 
engineering and manufacturing uncertainties.
    The proposed change provides a method to ensure that k 
eff continues to be less than or equal to 0.95, thus 
preserving the required safety margin of 5%. The criticality 
analyses demonstrate that the required margin to 5%, including a 
conservative margin to account for engineering and manufacturing 
uncertainties, is maintained. In addition, the radiological 
consequences of a dropped fuel assembly onto a spent fuel storage 
rack cell containing a fuel assembly with a rack insert is bounded 
by the radiological consequences of a dropped fuel assembly without 
a rack insert. The proposed change also maintains the capacity of 
the HNP spent fuel pools.
    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: Kathryn B. Nolan, Deputy General Counsel, 
Duke Energy Corporation, 550 South Tryon St., M/C DEC454, Charlotte, NC 
28202.
    NRC Branch Chief: Undine Shoop.

Exelon Generation Company, LLC, Docket Nos. 50-373 and 50-374, LaSalle 
County Station (LSCS), Units 1 and 2, LaSalle County, Illinois

    Date of amendment request: August 29, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17241A278.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise Technical Specification (TS) 2.1.1, ``Reactor 
Core SLs [Safety Limits].'' Specifically, this change would incorporate 
revised LSCS, Units 1 and 2, safety limit for minimum critical power 
ratio (MCPR) for two circulation loop MCPR and single circulation loop 
MCPR values for Unit 1 and Unit 2, based on the results of the cycle-
specific analyses performed by Global Nuclear Fuel for LSCS, Unit 1, 
Cycle 17, and LSCS, Unit 2, Cycle 17.
    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. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The Safety Limit Minimum Critical Power Ratio (SLMCPR) is 
defined as the lowest ratio of that power which results in the onset 
of transition boiling to the actual bundle power at the same 
location. The Global Nuclear Fuel (GNF) methodology is applied for 
each reload to assure that more than 99.9% of the fuel rods in the 
core are expected to avoid boiling transition for the most severe 
abnormal operational transient described in LaSalle UFSAR [Updated 
Final Safety Analysis Report] Chapter 15.0. The new SLMCPRs preserve 
the existing margin to transition boiling. The SLMCPR satisfies the 
requirements of General Design Criterion 10 of Appendix A to 10 CFR 
50 regarding acceptable fuel design limits.
    The MCPR safety limit is re-evaluated for each reload using NRC-
approved methodologies. The analyses for LSCS, Unit 1, Cycle 17, 
have concluded that a two recirculation loop SLMCPR of >= 1.11, 
based on the application of GNF's NRC-approved SLMCPR methodology, 
will ensure that this acceptance criterion is met. For single 
recirculation loop operation, a SLMCPR of >= 1.13 also ensures that 
this acceptance criterion is met. The MCPR operating limits are 
presented and controlled in accordance with the LSCS, Unit 1 Core 
Operating Limits Report (COLR).
    Similarly, the analyses for LSCS, Unit 2, Cycle 17, have 
concluded that a two recirculation loop SLMCPR of >= 1.12, based on 
the application of GNF's NRC-approved SLMCPR methodology, will 
ensure that this acceptance criterion is met. For single 
recirculation loop operation, a SLMCPR of >= 1.15 also ensures that 
this acceptance criterion is met. The MCPR operating limits are 
presented and controlled in accordance with the LSCS, Unit 2 Core 
Operating Limits Report (COLR).
    The requested TS changes do not involve any plant modifications 
or operational changes that could affect system reliability or 
performance or that could affect the probability of operator error. 
The requested changes do not affect any postulated accident 
precursors, do not affect any accident mitigating systems, and do 
not introduce any new accident initiation mechanisms.
    Therefore, the proposed TS changes do not involve a significant 
increase in the probability or consequences of any accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The SLMCPR is a TS numerical value, calculated to ensure that 
during normal operating and during abnormal operational transients, 
at least 99.9% of all fuel rods in the core do not experience 
transition boiling if the limit is not violated. The new SLMCPRs are 
calculated using NRC-approved methodology discussed in NEDE-24011-P-
A, ``General Electric Standard Application for Reactor Fuel,'' 
Revision 22. The proposed changes do not involve any new modes of 
operation, any changes to setpoints, or any plant modifications. The 
proposed revised MCPR safety limits have been shown to be acceptable 
for Unit 1 Cycle 17 and Unit 2 Cycle 17 operation and will be 
confirmed in the future on a cycle-specific basis. The core 
operating limits will continue to be developed using NRC-approved 
methods. The proposed MCPR safety limits or methods for establishing 
the core operating limits do not result in the creation of any new 
precursors to an accident.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    There is no reduction in the margin of safety previously 
approved by the NRC as a result of the proposed change to the 
SLMCPRs. The new SLMCPRs are calculated using methodology discussed 
in NEDE-24011-P-A, ``General Electric Standard Application for 
Reactor Fuel,'' Revision 22. The SLMCPRs ensure that during normal 
operation and during abnormal operational transients, at least 99.9% 
of all fuel rods in the core do not experience transition boiling if 
the limit is not violated, thereby preserving the fuel cladding 
integrity. The proposed TS changes do not involve a significant

[[Page 57483]]

reduction in the margin of safety previously approved by the NRC.
    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 
requested amendments involve no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Generation Company, 4300 Winfield Road, Warrenville, IL 60555.
    NRC Branch Chief: David J. Wrona.

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

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

Exelon Generation Company, LLC, Docket Nos. 50-373 and 50-374, LaSalle 
County Station, Units 1 and 2, LaSalle County, Illinois

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request access to SUNSI. A ``potential party'' is any person who 
intends to participate as a party by demonstrating standing and filing 
an admissible contention under 10 CFR 2.309. Requests for access to 
SUNSI submitted later than 10 days after publication of this notice 
will not be considered absent a showing of good cause for the late 
filing, addressing why the request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The expedited delivery or courier mail address for both 
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, 
Rockville, Maryland 20852. The email address for the Office of the 
Secretary and the Office of the General Counsel are 
[email protected] and [email protected], respectively.\1\ The 
request must include the following information:
---------------------------------------------------------------------------

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

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

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

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an Administrative Law Judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requester may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) The 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if he or 
she is unavailable, another administrative judge, or an Administrative 
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if 
another officer has been designated to rule on information access 
issues, with that officer.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether

[[Page 57484]]

granting or denying access) is governed by 10 CFR 2.311.\3\
---------------------------------------------------------------------------

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

    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. The 
attachment to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 17th day of November, 2017.

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

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
           Day                             Event/Activity
------------------------------------------------------------------------
0........................  Publication of Federal Register notice of
                            hearing and opportunity to petition for
                            leave to intervene, including order with
                            instructions for access requests.
10.......................  Deadline for submitting requests for access
                            to Sensitive Unclassified Non-Safeguards
                            Information (SUNSI) with information:
                            supporting the standing of a potential party
                            identified by name and address; describing
                            the need for the information in order for
                            the potential party to participate
                            meaningfully in an adjudicatory proceeding.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; and (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 petitioner/requestor reply).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requester of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            petitioner/requester to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of opportunity to request a hearing
                            and petition for leave to intervene), the
                            petitioner may file its SUNSI contentions by
                            that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2017-25390 Filed 12-4-17; 8:45 am]
BILLING CODE 7590-01-P



                                                57478                       Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices

                                                   Brief description of amendment: The                    Amendment Nos.: 301 (Unit 1), 325                     Dated at Rockville, Maryland, this 27th day
                                                amendment modified Hope Creek                           (Unit 2), and 285 (Unit 3). A publicly-               of November 2017.
                                                Generating Station Technical                            available version is in ADAMS under                     For the Nuclear Regulatory Commission.
                                                Specification 6.8.4.f, ‘‘Primary                        Accession No. ML17277A207;                            Kathryn M. Brock,
                                                Containment Leakage Rate Testing                        documents related to these amendments                 Acting Director, Division of Operating Reactor
                                                Program,’’ to extend the Type A reactor                 are listed in the Safety Evaluation                   Licensing, Office of Nuclear Reactor
                                                containment pressure test interval from                 enclosed with the amendments.                         Regulation.
                                                one test in 10 years to one test in 15                    Renewed Facility Operating License                  [FR Doc. 2017–25901 Filed 12–4–17; 8:45 am]
                                                years, and extend the Type C test                       Nos. DPR–33, DPR–52, and DPR–68:                      BILLING CODE 7590–01–P
                                                interval up to 75 months, with a                        Amendments revised the Renewed
                                                permissible extension period of 9                       Facility Operating Licenses and TSs.
                                                months (total of 84 months) for non-                      Date of initial notice in Federal                   NUCLEAR REGULATORY
                                                routine emergency conditions.                           Register: April 25, 2017 (82 FR 19106).               COMMISSION
                                                   Date of issuance: November 8, 2017.                  The supplemental letter dated June 29,                [NRC–2017–0219]
                                                   Effective date: As of the date of                    2017, provided additional information
                                                issuance and shall be implemented                       that clarified the application, did not               Applications and Amendments to
                                                within 60 days of issuance.                             expand the scope of the application as                Facility Operating Licenses and
                                                   Amendment No.: 207. A publicly-                      originally noticed, and did not change                Combined Licenses Involving
                                                available version is in ADAMS under                     the staff’s original proposed no                      Proposed No Significant Hazards
                                                Accession No. ML17291A209;                              significant hazards consideration                     Considerations and Containing
                                                documents related to this amendment                     determination as published in the                     Sensitive Unclassified Non-Safeguards
                                                are listed in the Safety Evaluation                     Federal Register.                                     Information and Order Imposing
                                                enclosed with the amendment.                              The Commission’s related evaluation                 Procedures for Access to Sensitive
                                                   Renewed Facility Operating License                   of the amendment is contained in a                    Unclassified Non-Safeguards
                                                No. NPF–57: Amendment revised the                       Safety Evaluation dated November 8,                   Information
                                                Renewed Facility Operating License and                  2017.
                                                Technical Specifications.                                 No significant hazards consideration                AGENCY:  Nuclear Regulatory
                                                   Date of initial notice in Federal                                                                          Commission.
                                                                                                        comments received: No.
                                                Register: December 20, 2016 (81 FR                                                                            ACTION: License amendment request;
                                                92869). The supplemental letters dated                  Tennessee Valley Authority, Docket No.                notice of opportunity to comment,
                                                March 27, 2017, and July 13, 2017,                      50–391, Watts Bar Nuclear Plant, Unit 2,              request a hearing, and petition for leave
                                                provided additional information that                    Rhea County, Tennessee                                to intervene; order imposing
                                                clarified the application, did not expand                  Date of amendment request: March                   procedures.
                                                the scope of the application as originally              28, 2017.
                                                noticed, and did not change the NRC                        Brief description of amendment: The                SUMMARY:   The U.S. Nuclear Regulatory
                                                staff’s original proposed no significant                amendment revised the completion date                 Commission (NRC) received and is
                                                hazards consideration determination as                  for License Condition 2.C.(5) for Watts               considering approval of two amendment
                                                published in the Federal Register.                      Bar Nuclear Plant, Unit 2, regarding the              requests. The amendment requests are
                                                   The Commission’s related evaluation                                                                        for Shearon Harris Nuclear Power Plant,
                                                                                                        completion of action to resolve the
                                                of the amendment is contained in a                                                                            Unit 1; and LaSalle County Station,
                                                                                                        issues identified in Bulletin 2012–01,
                                                Safety Evaluation dated November 8,                                                                           Units 1 and 2. The NRC proposes to
                                                                                                        ‘‘Design Vulnerability in Electric Power
                                                2017.                                                                                                         determine that each amendment request
                                                                                                        System’’ (ADAMS Accession No.
                                                   No significant hazards consideration                                                                       involves no significant hazards
                                                                                                        ML12074A115), from December 31,
                                                comments received: No.                                                                                        consideration. Because each amendment
                                                                                                        2017, to December 31, 2018, to align
                                                Tennessee Valley Authority, Docket                      with the remainder of the Tennessee                   request contains sensitive unclassified
                                                Nos. 50–259, 50–260, and 50–296,                        Valley Authority fleet and with the                   non-safeguards information (SUNSI), an
                                                Browns Ferry Nuclear Plant, Units 1, 2                  nuclear industry.                                     order imposes procedures to obtain
                                                and 3, Limestone County, Alabama                           Date of issuance: November 6, 2017.                access to SUNSI for contention
                                                                                                           Effective date: As of the date of                  preparation.
                                                   Date of amendment request: January
                                                17, 2017, as supplemented by letter                     issuance and shall be implemented                     DATES:  Comments must be filed by
                                                dated June 29, 2017.                                    within 15 days of issuance.                           January 4, 2018. A request for a hearing
                                                   Brief description of amendments: The                    Amendment No.: 17. A publicly-                     must be filed by February 5, 2018. Any
                                                amendments change technical                             available version is in ADAMS under                   potential party as defined in § 2.4 of title
                                                specifications (TSs) consistent with                    Accession No. ML17258A328;                            10 of the Code of Federal Regulations
                                                Technical Specifications Task Force                     documents related to this amendment is                (10 CFR), who believes access to SUNSI
                                                (TSTF) Standard Technical                               listed in the Safety Evaluation enclosed              is necessary to respond to this notice
                                                Specifications Change Traveler TSTF–                    with the amendment.                                   must request document access by
                                                545, Revision 3, ‘‘TS Inservice Testing                    Facility Operating License No. NPF–                December 15, 2017.
                                                Program Removal & Clarify SR                            96: Amendment revised the Facility                    ADDRESSES: You may submit comments
                                                [Surveillance Requirement] Usage Rule                   Operating License.                                    by any of the following methods:
                                                                                                           Date of initial notice in Federal                     • Federal Rulemaking Web site: Go to
sradovich on DSK3GMQ082PROD with NOTICES




                                                Application to Section 5.5 Testing,’’ and
                                                TSTF–299, Revision 0, ‘‘Administrative                  Register: July 5, 2017 (82 FR 31103).                 http://www.regulations.gov and search
                                                Controls Program 5.5.2.b Test Interval                     The Commission’s related evaluation                for Docket ID NRC–2017–0219. Address
                                                and Exception.’’                                        of the amendment is contained in a                    questions about NRC dockets to Carol
                                                   Date of issuance: November 8, 2017.                  Safety Evaluation dated November 6,                   Gallagher; telephone: 301–415–3463;
                                                   Effective date: As of the date of                    2017.                                                 email: Carol.Gallagher@nrc.gov. For
                                                issuance and shall be implemented                          No significant hazards consideration               technical questions, contact the
                                                within 60 days of issuance.                             comments received: No.                                individual listed in the FOR FURTHER


                                           VerDate Sep<11>2014   18:13 Dec 04, 2017   Jkt 244001   PO 00000   Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\05DEN1.SGM   05DEN1


                                                                            Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices                                           57479

                                                INFORMATION CONTACT   section of this                   disclosed in your comment submission.                 determination. Any comments received
                                                document.                                               The NRC posts all comment                             within 30 days after the date of
                                                  • Mail comments to: May Ma, Office                    submissions at http://                                publication of this notice will be
                                                of Administration, Mail Stop: OWFN–2–                   www.regulations.gov as well as enters                 considered in making any final
                                                A13, U.S. Nuclear Regulatory                            the comment submissions into ADAMS.                   determination.
                                                Commission, Washington, DC 20555–                       The NRC does not routinely edit                          Normally, the Commission will not
                                                0001.                                                   comment submissions to remove                         issue the amendment until the
                                                  For additional direction on obtaining                 identifying or contact information.                   expiration of 60 days after the date of
                                                information and submitting comments,                      If you are requesting or aggregating                publication of this notice. The
                                                see ‘‘Obtaining Information and                         comments from other persons for                       Commission may issue the license
                                                Submitting Comments’’ in the                            submission to the NRC, then you should                amendment before expiration of the 60-
                                                SUPPLEMENTARY INFORMATION section of                    inform those persons not to include                   day period provided that its final
                                                this document.                                          identifying or contact information that               determination is that the amendment
                                                FOR FURTHER INFORMATION CONTACT:                        they do not want to be publicly                       involves no significant hazards
                                                Lynn Ronewicz, Office of Nuclear                        disclosed in their comment submission.                consideration. In addition, the
                                                Reactor Regulation, U.S. Nuclear                        Your request should state that the NRC                Commission may issue the amendment
                                                Regulatory Commission, Washington DC                    does not routinely edit comment                       prior to the expiration of the 30-day
                                                20555–0001; telephone: 301–415–1927,                    submissions to remove such information                comment period if circumstances
                                                email: Lynn.Ronewicz@nrc.gov.                           before making the comment                             change during the 30-day comment
                                                                                                        submissions available to the public or                period such that failure to act in a
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        entering the comment submissions into                 timely way would result, for example,
                                                I. Obtaining Information and                            ADAMS.                                                in derating or shutdown of the facility.
                                                Submitting Comments                                                                                           If the Commission takes action prior to
                                                                                                        II. Background
                                                                                                                                                              the expiration of either the comment
                                                A. Obtaining Information                                   Pursuant to Section 189a.(2) of the                period or the notice period, it will
                                                   Please refer to Docket ID NRC–2017–                  Atomic Energy Act of 1954, as amended                 publish a notice of issuance in the
                                                0219, facility name, unit number(s),                    (the Act), the NRC is publishing this                 Federal Register. If the Commission
                                                plant docket number, application date,                  notice. The Act requires the                          makes a final no significant hazards
                                                and subject when contacting the NRC                     Commission to publish notice of any                   consideration determination, any
                                                about the availability of information for               amendments issued, or proposed to be                  hearing will take place after issuance.
                                                this action. You may obtain publicly-                   issued and grants the Commission the                  The Commission expects that the need
                                                available information related to this                   authority to issue and make                           to take this action will occur very
                                                action by any of the following methods:                 immediately effective any amendment                   infrequently.
                                                   • Federal Rulemaking Web site: Go to                 to an operating license or combined
                                                http://www.regulations.gov and search                                                                         A. Opportunity To Request a Hearing
                                                                                                        license, as applicable, upon a
                                                for Docket ID NRC–2017–0219.                                                                                  and Petition for Leave To Intervene
                                                                                                        determination by the Commission that
                                                   • NRC’s Agencywide Documents                         such amendment involves no significant                   Within 60 days after the date of
                                                Access and Management System                            hazards consideration, notwithstanding                publication of this notice, any persons
                                                (ADAMS): You may obtain publicly-                       the pendency before the Commission of                 (petitioner) whose interest may be
                                                available documents online in the                       a request for a hearing from any person.              affected by this action may file a request
                                                ADAMS Public Documents collection at                       This notice includes notices of                    for a hearing and petition for leave to
                                                http://www.nrc.gov/reading-rm/                          amendments containing SUNSI.                          intervene (petition) with respect to the
                                                adams.html. To begin the search, select                                                                       action. Petitions shall be filed in
                                                                                                        III. Notice of Consideration of Issuance              accordance with the Commission’s
                                                ‘‘ADAMS Public Documents’’ and then
                                                                                                        of Amendments to Facility Operating                   ‘‘Agency Rules of Practice and
                                                select ‘‘Begin Web-based ADAMS
                                                                                                        Licenses and Combined Licenses,                       Procedure’’ in 10 CFR part 2. Interested
                                                Search.’’ For problems with ADAMS,
                                                                                                        Proposed No Significant Hazards                       persons should consult a current copy
                                                please contact the NRC’s Public
                                                                                                        Consideration Determination, and                      of 10 CFR 2.309. The NRC’s regulations
                                                Document Room (PDR) reference staff at
                                                                                                        Opportunity for a Hearing                             are accessible electronically from the
                                                1–800–397–4209, 301–415–4737, or by
                                                email to pdr.resource@nrc.gov. The                         The Commission has made a                          NRC Library on the NRC’s Web site at
                                                ADAMS accession number for each                         proposed determination that the                       http://www.nrc.gov/reading-rm/doc-
                                                document referenced (if it is available in              following amendment requests involve                  collections/cfr/. Alternatively, a copy of
                                                ADAMS) is provided the first time that                  no significant hazards consideration.                 the regulations is available at the NRC’s
                                                it is mentioned in this document.                       Under the Commission’s regulations in                 Public Document Room, located at One
                                                   • NRC’s PDR: You may examine and                     10 CFR 50.92, this means that operation               White Flint North, Room O1–F21, 11555
                                                purchase copies of public documents at                  of the facility in accordance with the                Rockville Pike (first floor), Rockville,
                                                the NRC’s PDR, Room O1–F21, One                         proposed amendment would not (1)                      Maryland 20852. If a petition is filed,
                                                White Flint North, 11555 Rockville                      involve a significant increase in the                 the Commission or a presiding officer
                                                Pike, Rockville, Maryland 20852.                        probability or consequences of an                     will rule on the petition and, if
                                                                                                        accident previously evaluated, or (2)                 appropriate, a notice of a hearing will be
                                                B. Submitting Comments                                  create the possibility of a new or                    issued.
                                                                                                                                                                 As required by 10 CFR 2.309(d) the
sradovich on DSK3GMQ082PROD with NOTICES




                                                  Please include Docket ID NRC–2017–                    different kind of accident from any
                                                0219, facility name, unit number(s),                    accident previously evaluated, or (3)                 petition should specifically explain the
                                                plant docket number, application date,                  involve a significant reduction in a                  reasons why intervention should be
                                                and subject in your comment                             margin of safety. The basis for this                  permitted with particular reference to
                                                submission.                                             proposed determination for each                       the following general requirements for
                                                  The NRC cautions you not to include                   amendment request is shown below.                     standing: (1) The name, address, and
                                                identifying or contact information that                    The Commission is seeking public                   telephone number of the petitioner; (2)
                                                you do not want to be publicly                          comments on this proposed                             the nature of the petitioner’s right under


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                                                57480                       Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices

                                                the Act to be made a party to the                       final determination will serve to                     B. Electronic Submissions (E-Filing)
                                                proceeding; (3) the nature and extent of                establish when the hearing is held. If the               All documents filed in NRC
                                                the petitioner’s property, financial, or                final determination is that the                       adjudicatory proceedings, including a
                                                other interest in the proceeding; and (4)               amendment request involves no                         request for hearing and petition for
                                                the possible effect of any decision or                  significant hazards consideration, the                leave to intervene (petition), any motion
                                                order which may be entered in the                       Commission may issue the amendment                    or other document filed in the
                                                proceeding on the petitioner’s interest.                and make it immediately effective,                    proceeding prior to the submission of a
                                                   In accordance with 10 CFR 2.309(f),                  notwithstanding the request for a                     request for hearing or petition to
                                                the petition must also set forth the                    hearing. Any hearing would take place                 intervene, and documents filed by
                                                specific contentions which the                          after issuance of the amendment. If the               interested governmental entities that
                                                petitioner seeks to have litigated in the               final determination is that the                       request to participate under 10 CFR
                                                proceeding. Each contention must                        amendment request involves a                          2.315(c), must be filed in accordance
                                                consist of a specific statement of the                  significant hazards consideration, then               with the NRC’s E-Filing rule (72 FR
                                                issue of law or fact to be raised or                    any hearing held would take place                     49139; August 28, 2007, as amended at
                                                controverted. In addition, the petitioner               before the issuance of the amendment                  77 FR 46562; August 3, 2012). The E-
                                                must provide a brief explanation of the                 unless the Commission finds an                        Filing process requires participants to
                                                bases for the contention and a concise                  imminent danger to the health or safety
                                                statement of the alleged facts or expert                                                                      submit and serve all adjudicatory
                                                                                                        of the public, in which case it will issue            documents over the internet, or in some
                                                opinion which support the contention                    an appropriate order or rule under 10
                                                and on which the petitioner intends to                                                                        cases to mail copies on electronic
                                                                                                        CFR part 2.                                           storage media. Detailed guidance on
                                                rely in proving the contention at the
                                                hearing. The petitioner must also                          A State, local governmental body,                  making electronic submissions may be
                                                provide references to the specific                      Federally-recognized Indian Tribe, or                 found in the Guidance for Electronic
                                                sources and documents on which the                      agency thereof, may submit a petition to              Submissions to the NRC and on the NRC
                                                petitioner intends to rely to support its               the Commission to participate as a party              Web site at http://www.nrc.gov/site-
                                                position on the issue. The petition must                under 10 CFR 2.309(h)(1). The petition                help/e-submittals.html. Participants
                                                include sufficient information to show                  should state the nature and extent of the             may not submit paper copies of their
                                                that a genuine dispute exists with the                  petitioner’s interest in the proceeding.              filings unless they seek an exemption in
                                                applicant or licensee on a material issue               The petition should be submitted to the               accordance with the procedures
                                                of law or fact. Contentions must be                     Commission no later than 60 days from                 described below.
                                                limited to matters within the scope of                  the date of publication of this notice.                  To comply with the procedural
                                                the proceeding. The contention must be                  The petition must be filed in accordance              requirements of E-Filing, at least 10
                                                one which, if proven, would entitle the                 with the filing instructions in the                   days prior to the filing deadline, the
                                                petitioner to relief. A petitioner who                  ‘‘Electronic Submissions (E-Filing)’’                 participant should contact the Office of
                                                fails to satisfy the requirements at 10                 section of this document, and should                  the Secretary by email at
                                                CFR 2.309(f) with respect to at least one               meet the requirements for petitions set               hearing.docket@nrc.gov, or by telephone
                                                contention will not be permitted to                     forth in this section, except that under              at 301–415–1677, to (1) request a digital
                                                participate as a party.                                 10 CFR 2.309(h)(2) a State, local                     identification (ID) certificate, which
                                                   Those permitted to intervene become                  governmental body, or Federally-                      allows the participant (or its counsel or
                                                parties to the proceeding, subject to any               recognized Indian Tribe, or agency                    representative) to digitally sign
                                                limitations in the order granting leave to              thereof does not need to address the                  submissions and access the E-Filing
                                                intervene. Parties have the opportunity                                                                       system for any proceeding in which it
                                                                                                        standing requirements in 10 CFR
                                                to participate fully in the conduct of the                                                                    is participating; and (2) advise the
                                                                                                        2.309(d) if the facility is located within
                                                hearing with respect to resolution of                                                                         Secretary that the participant will be
                                                                                                        its boundaries. Alternatively, a State,
                                                that party’s admitted contentions,                                                                            submitting a petition or other
                                                                                                        local governmental body, Federally-
                                                including the opportunity to present                                                                          adjudicatory document (even in
                                                                                                        recognized Indian Tribe, or agency
                                                evidence, consistent with the NRC’s                                                                           instances in which the participant, or its
                                                                                                        thereof may participate as a non-party
                                                regulations, policies, and procedures.                                                                        counsel or representative, already holds
                                                                                                        under 10 CFR 2.315(c).
                                                   Petitions must be filed no later than                                                                      an NRC-issued digital ID certificate).
                                                60 days from the date of publication of                    If a hearing is granted, any person                Based upon this information, the
                                                this notice. Petitions and motions for                  who is not a party to the proceeding and              Secretary will establish an electronic
                                                leave to file new or amended                            is not affiliated with or represented by              docket for the hearing in this proceeding
                                                contentions that are filed after the                    a party may, at the discretion of the                 if the Secretary has not already
                                                deadline will not be entertained absent                 presiding officer, be permitted to make               established an electronic docket.
                                                a determination by the presiding officer                a limited appearance pursuant to the                     Information about applying for a
                                                that the filing demonstrates good cause                 provisions of 10 CFR 2.315(a). A person               digital ID certificate is available on the
                                                by satisfying the three factors in 10 CFR               making a limited appearance may make                  NRC’s public Web site at http://
                                                2.309(c)(1)(i) through (iii). The petition              an oral or written statement of his or her            www.nrc.gov/site-help/e-submittals/
                                                must be filed in accordance with the                    position on the issues but may not                    getting-started.html. Once a participant
                                                filing instructions in the ‘‘Electronic                 otherwise participate in the proceeding.              has obtained a digital ID certificate and
                                                Submissions (E-Filing)’’ section of this                A limited appearance may be made at                   a docket has been created, the
                                                                                                        any session of the hearing or at any                  participant can then submit
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                                                document.
                                                   If a hearing is requested, and the                   prehearing conference, subject to the                 adjudicatory documents. Submissions
                                                Commission has not made a final                         limits and conditions as may be                       must be in Portable Document Format
                                                determination on the issue of no                        imposed by the presiding officer. Details             (PDF). Additional guidance on PDF
                                                significant hazards consideration, the                  regarding the opportunity to make a                   submissions is available on the NRC’s
                                                Commission will make a final                            limited appearance will be provided by                public Web site at http://www.nrc.gov/
                                                determination on the issue of no                        the presiding officer if such sessions are            site-help/electronic-sub-ref-mat.html. A
                                                significant hazards consideration. The                  scheduled.                                            filing is considered complete at the time


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                                                                            Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices                                                57481

                                                the document is submitted through the                   granted an exemption request from                        1. Does the proposed change involve a
                                                NRC’s E-Filing system. To be timely, an                 using E-Filing, may require a participant             significant increase in the probability or
                                                electronic filing must be submitted to                  or party to use E-Filing if the presiding             consequences of an accident previously
                                                                                                                                                              evaluated?
                                                the E-Filing system no later than 11:59                 officer subsequently determines that the                 The proposed change does not involve a
                                                p.m. Eastern Time on the due date.                      reason for granting the exemption from                significant increase in the probability or
                                                Upon receipt of a transmission, the E-                  use of E-Filing no longer exists.                     consequences of an accident previously
                                                Filing system time-stamps the document                    Documents submitted in adjudicatory                 evaluated. As this amendment request
                                                and sends the submitter an email notice                 proceedings will appear in the NRC’s                  pertains only to the spent fuel pool, only
                                                confirming receipt of the document. The                 electronic hearing docket which is                    those accidents that are related to movement
                                                E-Filing system also distributes an email               available to the public at https://                   and storage of fuel assemblies in the SFP
                                                notice that provides access to the                                                                            could potentially be affected by the proposed
                                                                                                        adams.nrc.gov/ehd, unless excluded                    change. The proposed change modifies HNP
                                                document to the NRC’s Office of the                     pursuant to an order of the Commission                TS 5.6.1.3 to reflect the respective design
                                                General Counsel and any others who                      or the presiding officer. If you do not               features of the two BWR rack types utilized
                                                have advised the Office of the Secretary                have an NRC-issued digital ID certificate             in these pools, including adjusted
                                                that they wish to participate in the                    as described above, click cancel when                 requirements for the Boraflex racks that
                                                proceeding, so that the filer need not                  the link requests certificates and you                account for use of neutron absorbing inserts.
                                                serve the document on those                             will be automatically directed to the                 The change is necessary to ensure that, with
                                                participants separately. Therefore,                                                                           continued Boraflex degradation over time,
                                                                                                        NRC’s electronic hearing dockets where                the effective neutron multiplication factor,
                                                applicants and other participants (or                   you will be able to access any publicly               keff, is less than or equal to 0.95 if the spent
                                                their counsel or representative) must                   available documents in a particular                   fuel pool is flooded with borated water, and
                                                apply for and receive a digital ID                      hearing docket. Participants are                      that it is less than 1.0 if flooded with
                                                certificate before adjudicatory                         requested not to include personal                     unborated water, as required by 10 CFR
                                                documents are filed so that they can                    privacy information, such as social                   50.68(b)(4).
                                                obtain access to the documents via the                  security numbers, home addresses, or                     The installation of DREAM [Device for
                                                E-Filing system.                                                                                              Reactivity Mitigation] rack inserts and credit
                                                                                                        personal phone numbers in their filings,
                                                   A person filing electronically using                                                                       for soluble boron does not result in a
                                                                                                        unless an NRC regulation or other law                 significant increase in the probability of an
                                                the NRC’s adjudicatory E-Filing system                  requires submission of such
                                                may seek assistance by contacting the                                                                         accident previously analyzed because there
                                                                                                        information. For example, in some                     are no changes in the manner in which spent
                                                NRC’s Electronic Filing Help Desk                       instances, individuals provide home                   fuel is handled, moved, or stored in the rack
                                                through the ‘‘Contact Us’’ link located                 addresses in order to demonstrate                     cells. The probability that a fuel assembly
                                                on the NRC’s public Web site at http://                 proximity to a facility or site. With                 would be dropped or misloaded is
                                                www.nrc.gov/site-help/e-                                                                                      unchanged by the installation of the DREAM
                                                                                                        respect to copyrighted works, except for
                                                submittals.html, by email to                                                                                  rack inserts and use of additional
                                                                                                        limited excerpts that serve the purpose               administrative controls on BWR fuel storage
                                                MSHD.Resource@nrc.gov, or by a toll-
                                                                                                        of the adjudicatory filings and would                 in these racks. These events involve failures
                                                free call at 1–866–672–7640. The NRC
                                                                                                        constitute a Fair Use application,                    of administrative controls, human
                                                Electronic Filing Help Desk is available
                                                                                                        participants are requested not to include             performance, and equipment failures that are
                                                between 9 a.m. and 6 p.m., Eastern
                                                                                                        copyrighted materials in their                        unaffected by the presence or absence of
                                                Time, Monday through Friday,                                                                                  Boraflex and the rack inserts. The probability
                                                                                                        submission.
                                                excluding government holidays.                                                                                of a SFP dilution event is also unchanged.
                                                   Participants who believe that they                   Duke Energy Progress, LLC, Docket No.                 The soluble boron is already present in SFPs
                                                have a good cause for not submitting                    50–400, Shearon Harris Nuclear Power                  A and B and no changes are proposed
                                                documents electronically must file an                   Plant, Unit 1 (HNP), Wake and Chatham                 regarding the manner in which soluble boron
                                                exemption request, in accordance with                   Counties, North Carolina                              is managed. The current controls in place
                                                10 CFR 2.302(g), with their initial paper                                                                     remain applicable.
                                                filing stating why there is good cause for                 Date of amendment request: June 28,                   The installation of the DREAM rack inserts
                                                not filing electronically and requesting                2017, as supplemented by letter dated                 and crediting of soluble boron does not result
                                                                                                        September 14, 2017. Publicly-available                in a significant increase in the consequences
                                                authorization to continue to submit                                                                           of an accident previously analyzed because
                                                documents in paper format. Such filings                 versions are in ADAMS under
                                                                                                        Accession Nos. ML17193B165 and                        there is no change in the fuel assemblies that
                                                must be submitted by: (1) First class                                                                         provide the source terms used in calculating
                                                mail addressed to the Office of the                     ML17257A245, respectively.                            the radiological consequences of a fuel
                                                Secretary of the Commission, U.S.                          Description of amendment request:                  handling accident. In addition, consistent
                                                Nuclear Regulatory Commission,                          This amendment request contains                       with the current design, only one fuel
                                                Washington, DC 20555–0001, Attention:                   sensitive unclassified non-safeguards                 assembly will be moved at a time. Thus, the
                                                Rulemaking and Adjudications Staff; or                  information (SUNSI). The amendment                    consequences of dropping a fuel assembly
                                                (2) courier, express mail, or expedited                 would modify the Technical                            onto any other fuel assembly or other
                                                                                                        Specifications (TSs) for fuel storage                 structure remain bounded by the previously
                                                delivery service to the Office of the                                                                         analyzed fuel handling accident. The
                                                Secretary, 11555 Rockville Pike,                        criticality to account for the use of
                                                                                                                                                              proposed change does not affect the
                                                Rockville, Maryland, 20852, Attention:                  neutron absorbing spent fuel pool (SFP)               effectiveness of the other engineered design
                                                Rulemaking and Adjudications Staff.                     rack inserts and soluble boron for the                features, such as filtration systems, that limit
                                                Participants filing adjudicatory                        purpose of criticality control in the                 the offsite dose consequences of a fuel
                                                documents in this manner are                            boiling water reactor (BWR) storage                   handling accident.
                                                                                                        racks that currently credit Boraflex.                    Therefore, the proposed change does not
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                                                responsible for serving the document on
                                                all other participants. Filing is                          Basis for proposed no significant                  involve a significant increase in the
                                                considered complete by first-class mail                 hazards consideration determination:                  probability or consequences of an accident
                                                                                                                                                              previously evaluated.
                                                as of the time of deposit in the mail, or               As required by 10 CFR 50.91(a), the                      2. Does the proposed change create the
                                                by courier, express mail, or expedited                  licensee has provided its analysis of the             possibility of a new or different kind of
                                                delivery service upon depositing the                    issue of no significant hazards                       accident from any previously evaluated?
                                                document with the provider of the                       consideration, which is presented                        The proposed change does not create the
                                                service. A presiding officer, having                    below:                                                possibility of a new or different kind of



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                                                57482                       Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices

                                                accident from any accident previously                     Attorney for licensee: Kathryn B.                   with the LSCS, Unit 1 Core Operating Limits
                                                evaluated. The rack inserts are passive                 Nolan, Deputy General Counsel, Duke                   Report (COLR).
                                                devices that, when inside a spent fuel storage          Energy Corporation, 550 South Tryon                      Similarly, the analyses for LSCS, Unit 2,
                                                rack cell, perform the same function as the                                                                   Cycle 17, have concluded that a two
                                                                                                        St., M/C DEC454, Charlotte, NC 28202.
                                                previously licensed Boraflex neutron                                                                          recirculation loop SLMCPR of ≥ 1.12, based
                                                absorber panels in that cell. These devices do            NRC Branch Chief: Undine Shoop.                     on the application of GNF’s NRC-approved
                                                not add any limiting structural loads or affect         Exelon Generation Company, LLC,                       SLMCPR methodology, will ensure that this
                                                the removal of decay heat from the                                                                            acceptance criterion is met. For single
                                                assemblies. No change in total heat load in             Docket Nos. 50–373 and 50–374, LaSalle                recirculation loop operation, a SLMCPR of ≥
                                                the spent fuel pool is being made. The inserts          County Station (LSCS), Units 1 and 2,                 1.15 also ensures that this acceptance
                                                will maintain their design function over the            LaSalle County, Illinois                              criterion is met. The MCPR operating limits
                                                life of the spent fuel pool. The existing fuel                                                                are presented and controlled in accordance
                                                handling accident, which assumes the drop
                                                                                                           Date of amendment request: August
                                                                                                                                                              with the LSCS, Unit 2 Core Operating Limits
                                                of a fuel assembly, bounds the drop of a rack           29, 2017. A publicly-available version is             Report (COLR).
                                                insert and/or rack insert installation tool.            in ADAMS under Accession No.                             The requested TS changes do not involve
                                                This proposed change does not create the                ML17241A278.                                          any plant modifications or operational
                                                possibility of misloading an assembly into a               Description of amendment request:                  changes that could affect system reliability or
                                                spent fuel storage rack cell.                           This amendment request contains                       performance or that could affect the
                                                   Therefore, the proposed change does not              sensitive unclassified non-safeguards                 probability of operator error. The requested
                                                create the possibility of a new or different                                                                  changes do not affect any postulated accident
                                                kind of accident from any accident                      information (SUNSI). The amendments
                                                                                                                                                              precursors, do not affect any accident
                                                previously evaluated.                                   would revise Technical Specification
                                                                                                                                                              mitigating systems, and do not introduce any
                                                   3. Does the proposed change involve a                (TS) 2.1.1, ‘‘Reactor Core SLs [Safety                new accident initiation mechanisms.
                                                significant reduction in a margin of safety?            Limits].’’ Specifically, this change                     Therefore, the proposed TS changes do not
                                                   The proposed change does not involve a               would incorporate revised LSCS, Units                 involve a significant increase in the
                                                significant reduction in a margin of safety.            1 and 2, safety limit for minimum                     probability or consequences of any accident
                                                The DREAM rack inserts are being installed              critical power ratio (MCPR) for two                   previously evaluated.
                                                to restore the spent fuel pool criticality                                                                       2. Do the proposed changes create the
                                                margin, compensating for the degraded
                                                                                                        circulation loop MCPR and single
                                                                                                        circulation loop MCPR values for Unit                 possibility of a new or different kind of
                                                Boraflex neutron absorber. The DREAM rack                                                                     accident from any accident previously
                                                inserts, once approved for crediting, will              1 and Unit 2, based on the results of the
                                                                                                                                                              evaluated?
                                                replace the existing Boraflex as the credited           cycle-specific analyses performed by
                                                                                                                                                                 Response: No.
                                                neutron absorber for controlling spent fuel             Global Nuclear Fuel for LSCS, Unit 1,                    The SLMCPR is a TS numerical value,
                                                pool reactivity, even though the Boraflex               Cycle 17, and LSCS, Unit 2, Cycle 17.                 calculated to ensure that during normal
                                                absorber will remain in place.                             Basis for proposed no significant                  operating and during abnormal operational
                                                   The proposed HNP TS 5.6.1.3.a.1 requires
                                                that the BWR spent fuel storage racks with              hazards consideration determination:                  transients, at least 99.9% of all fuel rods in
                                                Metamic rack inserts maintain the effective             As required by 10 CFR 50.91(a), the                   the core do not experience transition boiling
                                                neutron multiplication factor, k eff, less than         licensee has provided its analysis of the             if the limit is not violated. The new
                                                or equal to 0.95 when flooded with water                issue of no significant hazards                       SLMCPRs are calculated using NRC-
                                                borated to 1000 ppm [parts per million]. This                                                                 approved methodology discussed in NEDE–
                                                                                                        consideration, which is presented
                                                includes an allowance for uncertainties in                                                                    24011–P–A, ‘‘General Electric Standard
                                                                                                        below:                                                Application for Reactor Fuel,’’ Revision 22.
                                                such that the TS limit for boron
                                                concentration in the SFPs, HNP TS 3.7.14,                  1. Do the proposed changes involve a               The proposed changes do not involve any
                                                shall be greater than or equal to 2000 ppm              significant increase in the probability or            new modes of operation, any changes to
                                                at all times for pools that contain nuclear             consequences of an accident previously                setpoints, or any plant modifications. The
                                                fuel. Therefore, for criticality, the required          evaluated?                                            proposed revised MCPR safety limits have
                                                safety margin is 5% including a conservative               Response: No.                                      been shown to be acceptable for Unit 1 Cycle
                                                margin to account for engineering and                      The Safety Limit Minimum Critical Power            17 and Unit 2 Cycle 17 operation and will
                                                manufacturing uncertainties.                            Ratio (SLMCPR) is defined as the lowest ratio         be confirmed in the future on a cycle-specific
                                                   The proposed change provides a method to             of that power which results in the onset of           basis. The core operating limits will continue
                                                ensure that k eff continues to be less than or          transition boiling to the actual bundle power         to be developed using NRC-approved
                                                equal to 0.95, thus preserving the required             at the same location. The Global Nuclear Fuel         methods. The proposed MCPR safety limits
                                                safety margin of 5%. The criticality analyses           (GNF) methodology is applied for each reload          or methods for establishing the core
                                                demonstrate that the required margin to 5%,             to assure that more than 99.9% of the fuel            operating limits do not result in the creation
                                                including a conservative margin to account              rods in the core are expected to avoid boiling        of any new precursors to an accident.
                                                for engineering and manufacturing                       transition for the most severe abnormal                  Therefore, the proposed change does not
                                                uncertainties, is maintained. In addition, the          operational transient described in LaSalle            create the possibility of a new or different
                                                radiological consequences of a dropped fuel             UFSAR [Updated Final Safety Analysis                  kind of accident from any previously
                                                assembly onto a spent fuel storage rack cell            Report] Chapter 15.0. The new SLMCPRs                 evaluated.
                                                containing a fuel assembly with a rack insert           preserve the existing margin to transition               3. Do the proposed changes involve a
                                                is bounded by the radiological consequences             boiling. The SLMCPR satisfies the                     significant reduction in a margin of safety?
                                                of a dropped fuel assembly without a rack               requirements of General Design Criterion 10              Response: No.
                                                insert. The proposed change also maintains              of Appendix A to 10 CFR 50 regarding                     There is no reduction in the margin of
                                                the capacity of the HNP spent fuel pools.               acceptable fuel design limits.                        safety previously approved by the NRC as a
                                                   Therefore, the proposed change does not                 The MCPR safety limit is re-evaluated for          result of the proposed change to the
                                                involve a significant reduction in a margin of          each reload using NRC-approved                        SLMCPRs. The new SLMCPRs are calculated
                                                safety.                                                 methodologies. The analyses for LSCS, Unit            using methodology discussed in NEDE–
                                                   The NRC staff has reviewed the                       1, Cycle 17, have concluded that a two                24011–P–A, ‘‘General Electric Standard
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                                                licensee’s analysis and, based on this                  recirculation loop SLMCPR of ≥ 1.11, based            Application for Reactor Fuel,’’ Revision 22.
                                                                                                        on the application of GNF’s NRC-approved              The SLMCPRs ensure that during normal
                                                review, it appears that the three
                                                                                                        SLMCPR methodology, will ensure that this             operation and during abnormal operational
                                                standards of 10 CFR 50.92(c) are                        acceptance criterion is met. For single               transients, at least 99.9% of all fuel rods in
                                                satisfied. Therefore, the NRC staff                     recirculation loop operation, a SLMCPR of ≥           the core do not experience transition boiling
                                                proposes to determine that the                          1.13 also ensures that this acceptance                if the limit is not violated, thereby preserving
                                                amendment request involves no                           criterion is met. The MCPR operating limits           the fuel cladding integrity. The proposed TS
                                                significant hazards consideration.                      are presented and controlled in accordance            changes do not involve a significant



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                                                                            Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices                                           57483

                                                reduction in the margin of safety previously
                                                                                          11555 Rockville Pike, Rockville,                                    as a result of the request made for
                                                approved by the NRC.                      Maryland 20852. The email address for                               SUNSI must be filed by the requestor no
                                                  Therefore, the proposed change does not the Office of the Secretary and the                                 later than 25 days after receipt of (or
                                                involve a significant reduction in a margin of
                                                                                          Office of the General Counsel are                                   access to) that information. However, if
                                                safety.
                                                                                          Hearing.Docket@nrc.gov and                                          more than 25 days remain between the
                                                   The NRC staff has reviewed the         OGCmailcenter@nrc.gov, respectively.1                               petitioner’s receipt of (or access to) the
                                                licensee’s analysis and, based on this    The request must include the following                              information and the deadline for filing
                                                review, it appears that the three         information:                                                        all other contentions (as established in
                                                standards of 10 CFR 50.92(c) are              (1) A description of the licensing                              the notice of hearing or opportunity for
                                                satisfied. Therefore, the NRC staff       action with a citation to this Federal
                                                proposes to determine that the                                                                                hearing), the petitioner may file its
                                                                                          Register notice;
                                                requested amendments involve no               (2) The name and address of the                                 SUNSI contentions by that later
                                                significant hazards consideration.        potential party and a description of the                            deadline.
                                                   Attorney for licensee: Tamra Domeyer, potential party’s particularized interest                               G. Review of Denials of Access.
                                                Associate General Counsel, Exelon         that could be harmed by the action                                     (1) If the request for access to SUNSI
                                                Generation Company, 4300 Winfield         identified in C.(1); and                                            is denied by the NRC staff after a
                                                Road, Warrenville, IL 60555.                  (3) The identity of the individual or                           determination on standing and requisite
                                                   NRC Branch Chief: David J. Wrona.      entity requesting access to SUNSI and
                                                                                                                                                              need, the NRC staff shall immediately
                                                Order Imposing Procedures for Access      the requester’s basis for the need for the
                                                                                                                                                              notify the requestor in writing, briefly
                                                to Sensitive Unclassified Non-            information in order to meaningfully
                                                                                                                                                              stating the reason or reasons for the
                                                Safeguards Information for Contention     participate in this adjudicatory
                                                                                          proceeding. In particular, the request                              denial.
                                                Preparation
                                                                                          must explain why publicly available                                    (2) The requester may challenge the
                                                Duke Energy Progress, LLC, Docket No.     versions of the information requested                               NRC staff’s adverse determination by
                                                50–400, Shearon Harris Nuclear Power      would not be sufficient to provide the                              filing a challenge within 5 days of
                                                Plant, Unit 1, Wake and Chatham           basis and specificity for a proffered                               receipt of that determination with: (a)
                                                Counties, North Carolina                  contention.                                                         The presiding officer designated in this
                                                Exelon Generation Company, LLC,               D. Based on an evaluation of the                                proceeding; (b) if no presiding officer
                                                Docket Nos. 50–373 and 50–374, LaSalle information submitted under paragraph                                  has been appointed, the Chief
                                                County Station, Units 1 and 2, LaSalle    C.(3) the NRC staff will determine                                  Administrative Judge, or if he or she is
                                                County, Illinois                          within 10 days of receipt of the request                            unavailable, another administrative
                                                                                          whether:                                                            judge, or an Administrative Law Judge
                                                   A. This Order contains instructions        (1) There is a reasonable basis to
                                                regarding how potential parties to this                                                                       with jurisdiction pursuant to 10 CFR
                                                                                          believe the petitioner is likely to
                                                proceeding may request access to                                                                              2.318(a); or (c) if another officer has
                                                                                          establish standing to participate in this
                                                documents containing Sensitive                                                                                been designated to rule on information
                                                                                          NRC proceeding; and
                                                Unclassified Non-Safeguards                   (2) The requestor has established a                             access issues, with that officer.
                                                Information (SUNSI).                      legitimate need for access to SUNSI.                                   (3) Further appeals of decisions under
                                                   B. Within 10 days after publication of     E. If the NRC staff determines that the                         this paragraph must be made pursuant
                                                this notice of hearing and opportunity to requestor satisfies both D.(1) and D.(2)                            to 10 CFR 2.311.
                                                petition for leave to intervene, any      above, the NRC staff will notify the
                                                potential party who believes access to                                                                           H. Review of Grants of Access. A
                                                                                          requestor in writing that access to
                                                SUNSI is necessary to respond to this                                                                         party other than the requester may
                                                                                          SUNSI has been granted. The written
                                                notice may request access to SUNSI. A                                                                         challenge an NRC staff determination
                                                                                          notification will contain instructions on
                                                ‘‘potential party’’ is any person who     how the requestor may obtain copies of                              granting access to SUNSI whose release
                                                intends to participate as a party by      the requested documents, and any other                              would harm that party’s interest
                                                demonstrating standing and filing an      conditions that may apply to access to                              independent of the proceeding. Such a
                                                admissible contention under 10 CFR        those documents. These conditions may                               challenge must be filed within 5 days of
                                                2.309. Requests for access to SUNSI       include, but are not limited to, the                                the notification by the NRC staff of its
                                                submitted later than 10 days after        signing of a Non-Disclosure Agreement                               grant of access and must be filed with:
                                                publication of this notice will not be    or Affidavit, or Protective Order 2 setting                         (a) The presiding officer designated in
                                                considered absent a showing of good       forth terms and conditions to prevent                               this proceeding; (b) if no presiding
                                                cause for the late filing, addressing why the unauthorized or inadvertent                                     officer has been appointed, the Chief
                                                the request could not have been filed     disclosure of SUNSI by each individual                              Administrative Judge, or if he or she is
                                                earlier.                                  who will be granted access to SUNSI.                                unavailable, another administrative
                                                   C. The requester shall submit a letter     F. Filing of Contentions. Any                                   judge, or an Administrative Law Judge
                                                requesting permission to access SUNSI     contentions in these proceedings that                               with jurisdiction pursuant to 10 CFR
                                                to the Office of the Secretary, U.S.      are based upon the information received                             2.318(a); or (c) if another officer has
                                                Nuclear Regulatory Commission,                                                                                been designated to rule on information
                                                Washington, DC 20555–0001, Attention:        1 While a request for hearing or petition to
                                                                                                                                                              access issues, with that officer.
                                                Rulemakings and Adjudications Staff,      intervene in this proceeding must comply with the
                                                and provide a copy to the Associate       filing requirements of the NRC’s ‘‘E-Filing Rule,’’                    If challenges to the NRC staff
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                                                General Counsel for Hearings,
                                                                                          the initial request to access SUNSI under these                     determinations are filed, these
                                                                                          procedures should be submitted as described in this
                                                Enforcement and Administration, Office paragraph.                                                             procedures give way to the normal
                                                of the General Counsel, U.S. Nuclear         2 Any motion for Protective Order or draft Non-                  process for litigating disputes
                                                Regulatory Commission, Washington,        Disclosure Affidavit or Agreement for SUNSI must                    concerning access to information. The
                                                DC 20555–0001. The expedited delivery be      filed with the presiding officer or the Chief
                                                                                          Administrative Judge if the presiding officer has not
                                                                                                                                                              availability of interlocutory review by
                                                or courier mail address for both offices  yet been designated, within 30 days of the deadline
                                                                                                                                                              the Commission of orders ruling on
                                                is: U.S. Nuclear Regulatory Commission, for the receipt of the written access request.                        such NRC staff determinations (whether


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                                                57484                              Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices

                                                granting or denying access) is governed                       minimize any unnecessary delays in                    for processing and resolving requests
                                                by 10 CFR 2.311.3                                             identifying those petitioners who have                under these procedures.
                                                  I. The Commission expects that the                          standing and who have propounded                        It is so ordered.
                                                NRC staff and presiding officers (and                         contentions meeting the specificity and                 Dated at Rockville, Maryland, this 17th day
                                                any other reviewing officers) will                            basis requirements in 10 CFR part 2.                  of November, 2017.
                                                consider and resolve requests for access                      The attachment to this Order                            For the Nuclear Regulatory Commission.
                                                to SUNSI, and motions for protective                          summarizes the general target schedule                Annette L. Vietti-Cook,
                                                orders, in a timely fashion in order to                                                                             Secretary of the Commission.

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

                                                0 ........................   Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-
                                                                                structions for access requests.
                                                10 ......................    Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
                                                                                supporting the standing of a potential party identified by name and address; describing the need for the information in order
                                                                                for the potential party to participate meaningfully in an adjudicatory proceeding.
                                                60 ......................    Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
                                                                                lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
                                                20 ......................    U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
                                                                                access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-
                                                                                forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
                                                                                formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
                                                                                essing (preparation of redactions or review of redacted documents).
                                                25 ......................    If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
                                                                                to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
                                                                                Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
                                                                                party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
                                                                                file a motion seeking a ruling to reverse the NRC staff’s grant of access.
                                                30 ......................    Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
                                                40 ......................    (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
                                                                                file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
                                                                                Agreement for SUNSI.
                                                A .......................    If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access
                                                                                to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
                                                                                final adverse determination by the NRC staff.
                                                A + 3 .................      Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
                                                                                tive order.
                                                A + 28 ...............       Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
                                                                                remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
                                                                                established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its
                                                                                SUNSI contentions by that later deadline.
                                                A + 53 ...............       (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
                                                A + 60 ...............       (Answer receipt +7) Petitioner/Intervenor reply to answers.
                                                >A + 60 .............        Decision on contention admission.



                                                [FR Doc. 2017–25390 Filed 12–4–17; 8:45 am]                   Personnel Management proposes to                      the routine uses, which are effective
                                                BILLING CODE 7590–01–P                                        establish a new OPM system of records                 January 9, 2018.
                                                                                                              titled ‘‘OPM/Central-20 National CFC
                                                                                                                                                                    ADDRESSES:  You may submit written
                                                                                                              System of Records.’’ This system of
                                                                                                                                                                    comments by one of the following
                                                OFFICE OF PERSONNEL                                           records contains information that OPM
                                                                                                                                                                    methods:
                                                MANAGEMENT                                                    collects and maintains about
                                                                                                              individuals who make charitable                         • Mail: Keith Willingham, Director,
                                                Privacy Act of 1974; System of                                contributions to eligible non-profit                  Office of CFC, Office of Personnel
                                                Records                                                       organizations through the Combined                    Management, 1900 E Street NW., Suite
                                                                                                              Federal Campaign (CFC). This newly                    6484, Washington, DC 20415.
                                                AGENCY:  U.S. Office of Personnel                             established system of records will be                   • Email: cfc@opm.gov.
                                                Management, Merit Systems                                     included in the Office of Personnel
                                                Accountability and Compliance, Office                         Management’s inventory of record                      FOR FURTHER INFORMATION, CONTACT:    For
                                                of the Combined Federal Campaign.                             systems.                                              general questions, please contact: Keith
                                                ACTION: Notice of a new system of                                                                                   Willingham, 202–606–2564, Director,
sradovich on DSK3GMQ082PROD with NOTICES




                                                records.                                                      DATES:  Please submit comments on or                  Office of the Combined Federal
                                                                                                              before January 4, 2018. This new system               Campaign, Office of Personnel
                                                SUMMARY: In accordance with the                               is effective upon publication in today’s              Management. For privacy questions,
                                                Privacy Act of 1974, the Office of                            Federal Register, with the exception of               please contact: Kellie Cosgrove Riley,
                                                  3 Requesters should note that the filing                    46562; August 3, 2012) apply to appeals of NRC        applicable), but not to the initial SUNSI request
                                                requirements of the NRC’s E-Filing Rule (72 FR                staff determinations (because they must be served     submitted to the NRC staff under these procedures.
                                                49139; August 28, 2007, as amended at 77 FR                   on a presiding officer or the Commission, as



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Document Created: 2017-12-04 23:44:45
Document Modified: 2017-12-04 23:44:45
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; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
DatesComments must be filed by January 4, 2018. A request for a hearing must be filed by February 5, 2018. Any potential party as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by December 15, 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 57478 

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