83_FR_20955 83 FR 20866 - 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

83 FR 20866 - 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 83, Issue 89 (May 8, 2018)

Page Range20866-20872
FR Document2018-07705

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of one amendment request for Vogtle Electric Generating Plant, Units 3 and 4. The NRC proposes to determine that the amendment request involves no significant hazards consideration. Because the amendment request contains sensitive unclassified non- safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation.

Federal Register, Volume 83 Issue 89 (Tuesday, May 8, 2018)
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20866-20872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07705]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-025 and 52-026; NRC-2018-0071]


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 one amendment request for Vogtle Electric 
Generating Plant, Units 3 and 4. The NRC proposes to determine that the 
amendment request involves no significant hazards consideration. 
Because the amendment request contains sensitive unclassified non-
safeguards information (SUNSI), an order imposes procedures to obtain 
access to SUNSI for contention preparation.

DATES: Comments must be filed by June 7, 2018. A request for a hearing 
must be filed by July 9, 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 May 18, 2018.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0071. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: May Ma, Office of Administration, Mail 
Stop: TWFN-7-A60, 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

[[Page 20867]]

SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Kay Goldstein, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1506, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0071, 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0071.
     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-2018-0071, facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov, as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Pursuant to Section 189.a.(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 or Combined Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

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

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

    Within 60 days after the date of publication of this notice, any 
person (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 website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (First 
Floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must

[[Page 20868]]

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 website 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 website 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 website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary

[[Page 20869]]

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 website 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.

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

    Date of amendment request: December 21, 2017. A publicly-available 
version is in ADAMS under Accession No. ML18029A243.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment request proposes changes to the Updated Final Safety Analysis 
Report (UFSAR) in the form of departures from the incorporated plant-
specific Design Control Document (DCD) Tier 2* and Tier 2 information 
and related changes to the Vogtle Electric Generating Plant, Units 3 
and 4, Combined License (COL) Appendix A and COL Appendix C (and 
corresponding plant-specific DCD Tier 1) information. An exemption 
request relating to the proposed changes to the AP1000 DCD Tier 1 is 
included with the request. Specifically, the amendment request states 
that design changes within containment have necessitated recalculation 
of geometry input to the WGOTHIC evaluation model (EM) used for 
containment integrity analyses. Heat sinks, control volumes, and flow 
paths have been recalculated, and are in turn modeled in the WGOTHIC 
EM. Mass and energy (M&E) releases for Loss of Coolant Accident (LOCA) 
and Main Steam Line Break (MSLB) events are also recalculated. Various 
methodology changes are also made to the WGOTHIC methodology for the 
AP1000 design. These updates culminate in the recalculation of the 
containment integrity analyses. Additionally, changes are proposed to 
Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC) related 
to flow rate testing of the passive containment cooling system (PCS) in 
order to capture lessons learned from preoperational testing performed 
at China's AP1000 nuclear power station, Sanmen Unit 1.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below with NRC staff edits in square 
brackets:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    This change proposes updates to the plant-specific containment 
integrity analyses. Heat sinks, control volumes, and flow paths have 
been recalculated, and are in turn modeled in the WGOTHIC EM. 
Various methodology changes are also made to the WGOTHIC methodology 
for the AP1000 plant design. M&E releases for LOCA and MSLB are also 
recalculated. These updates culminate in the recalculation of the 
containment integrity calculations. Additionally, changes are 
proposed to ITAAC acceptance criteria related to flow rate testing 
of the PCS in order to capture lessons learned from testing at 
[China's AP1000] Sanmen Unit 1.
    The proposed changes do not adversely affect the operation of 
any systems or equipment that initiate an analyzed accident or alter 
any structures, systems, and components (SSC) accident initiator or 
initiating sequence of events. The proposed changes do not adversely 
affect the physical design and operation of the PCS including as-
installed inspections, testing, and maintenance requirements, as 
described in the UFSAR. Therefore, the operation of the PCS is not 
adversely affected. A LOCA and a MSLB are considered and identified 
as the limiting events for the AP1000 design with respect to 
containment peak pressure and temperature. However, the proposed 
changes do not adversely affect the probability of either a LOCA or 
MSLB from occurring. Therefore, the probabilities of the accidents 
previously evaluated in the UFSAR are not affected.
    The proposed changes do not adversely affect the ability of the 
PCS to perform its design functions. The design of the PCS continues 
to meet the same regulatory acceptance criteria, codes, and 
standards as required by the UFSAR. In addition, the proposed 
changes maintain the capabilities of the PCS to mitigate the 
consequences of an accident and to meet the applicable regulatory 
acceptance criteria. The proposed changes do not adversely affect 
the prevention and mitigation of other abnormal events, e.g., 
anticipated operational occurrences, earthquakes, floods and turbine 
missiles, or their safety or design analyses. Therefore, the 
consequences of accidents evaluated in the UFSAR are not affected.
    Therefore, the proposed amendment does not involve a significant 
increase in the

[[Page 20870]]

consequences of an accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    This change proposes updates to the plant-specific containment 
integrity analyses. Heat sinks, control volumes, and flow paths have 
been recalculated, and are in turn modeled in the WGOTHIC EM. 
Various methodology changes are also made to the WGOTHIC methodology 
for the AP1000 plant design. M&E releases for LOCA and MSLB are also 
recalculated. These updates culminate in the recalculation of the 
containment integrity calculations. Additionally, changes are 
proposed to ITAAC acceptance criteria related to flow rate testing 
of the passive containment cooling system PCS in order to capture 
lessons learned from testing at [China's AP1000] Sanmen Unit 1.
    The proposed changes would not introduce a new failure mode, 
fault, or sequence of events that could result in a radioactive 
material release. The proposed changes do not alter the design, 
configuration, or method of operation of the plant beyond standard 
functional capabilities of the equipment. Therefore, this activity 
does not allow for a new fission product release path, result in a 
new fission product barrier failure mode, or create a new sequence 
of events which results in significant fuel cladding failures.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    This change proposes updates to the plant-specific containment 
integrity analyses. Heat sinks, control volumes, and flow paths have 
been recalculated, and are in turn modeled in the WGOTHIC EM. 
Various methodology changes are also made to the WGOTHIC methodology 
for the AP1000 plant design. M&E releases for LOCA and MSLB are also 
recalculated. These updates culminate in the recalculation of the 
containment integrity calculations. Additionally, changes are 
proposed to ITAAC acceptance criteria related to flow rate testing 
of the passive containment cooling system (PCS) in order to capture 
lessons learned from testing at [China's AP1000] Sanmen Unit 1.
    Safety margins are applied at many levels to the design and 
licensing basis functions and to the controlling values of 
parameters to account for various uncertainties and to avoid 
exceeding regulatory or licensing limits. The proposed changes 
maintain existing safety margins, and in some cases, provide 
additional margin. The proposed changes maintain the capabilities of 
the PCS to perform its design functions. Therefore, the proposed 
changes satisfy the same design functions in accordance with the 
same codes and standards as stated in the UFSAR. These changes do 
not adversely affect any design code, function, safety analysis, 
safety analysis input or results, or design/safety margin. No safety 
analysis or design basis acceptance limit/criterion is challenged or 
exceeded by the proposed changes, and no margin of safety is 
reduced.
    Therefore, the proposed amendment does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Kathryn M. Sutton, Morgan, Lewis & Bockius 
LLC, 1111 Pennsylvania Avenue NW, Washington, DC 20004-2514.
    NRC Branch Chief: Jennifer Dixon-Herrity.

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

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

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

[[Page 20871]]

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

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

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

    Dated at Rockville, Maryland, this 9th of April 2018.

    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.
------------------------------------------------------------------------


[[Page 20872]]

[FR Doc. 2018-07705 Filed 5-7-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                20866                           Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

                                                from 1 hour to 24 hours and changed                     original proposed no significant hazards              NUCLEAR REGULATORY
                                                the basis for entry into the TS actions                 consideration determination as                        COMMISSION
                                                for inoperable rod position indicators                  published in the Federal Register.
                                                from ‘‘per bank’’ to ‘‘per group.’’ The                   The Commission’s related evaluation                 [Docket Nos. 52–025 and 52–026; NRC–
                                                amendments also separated existing TS                   of the amendment is contained in a                    2018–0071]
                                                3.1.3.2.1, Action a.1, into two separate                Safety Evaluation dated April 11, 2018.
                                                actions and removed the duplicative                                                                           Applications and Amendments to
                                                                                                          No significant hazards consideration                Facility Operating Licenses and
                                                Action b (Unit No. 1 only).
                                                                                                        comments received: No.                                Combined Licenses Involving
                                                   Date of issuance: April 18, 2018.
                                                   Effective date: As of the date of                    Southern Nuclear Operating Company,                   Proposed No Significant Hazards
                                                issuance and shall be implemented                       Docket Nos. 52–025 and 52–026, Vogtle                 Considerations and Containing
                                                within 30 days from the date of                         Electric Generating Plant (VEGP), Unit                Sensitive Unclassified Non-Safeguards
                                                issuance.                                               Nos. 3 and 4, Burke County, Georgia                   Information and Order Imposing
                                                   Amendment Nos.: 324 (Unit No. 1)                                                                           Procedures for Access to Sensitive
                                                and 305 (Unit No. 2). A publicly-                          Date of amendment request:                         Unclassified Non-Safeguards
                                                available version is in ADAMS under                     September 13, 2017.                                   Information
                                                Accession No. ML18085B198;                                 Description of amendment: The
                                                documents related to these amendments                   amendments authorized changes to the                  AGENCY:  Nuclear Regulatory
                                                are listed in the Safety Evaluation                     VEGP, Unit Nos. 3 and 4, Updated Final                Commission.
                                                enclosed with the amendments.                           Safety Analysis Report in the form of                 ACTION: License amendment request;
                                                   Renewed Facility Operating License                   departures from the plant-specific                    notice of opportunity to comment,
                                                Nos. DPR–70 and DPR–75: The                             Design Control Document Tier 2                        request a hearing, and petition for leave
                                                amendments revised the Renewed                          information and involved related                      to intervene; order imposing
                                                Facility Operating Licenses and TSs.                    changes to the VEGP, Units 3 and 4,                   procedures.
                                                   Date of initial notice in Federal                    Combined License (COL) Appendix A,
                                                Register: March 1, 2018 (83 FR 8904).                                                                         SUMMARY:   The U.S. Nuclear Regulatory
                                                                                                        Technical Specifications.
                                                   The Commission’s related evaluation                                                                        Commission (NRC) received and is
                                                                                                           The amendments authorized changes                  considering approval of one amendment
                                                of the amendments is contained in a                     to the mass of trisodium phosphate
                                                Safety Evaluation dated April 18, 2018.                                                                       request for Vogtle Electric Generating
                                                                                                        required inside containment to provide                Plant, Units 3 and 4. The NRC proposes
                                                   No significant hazards consideration
                                                                                                        adjustment of the pH of the water in the              to determine that the amendment
                                                comments received: No.
                                                                                                        containment following an accident in                  request involves no significant hazards
                                                PSEG Nuclear LLC, Docket No. 50–354,                    which the containment floods. These                   consideration. Because the amendment
                                                Hope Creek Generating Station (HCGS),                   changes are reflected in COL Appendix                 request contains sensitive unclassified
                                                Salem County, New Jersey                                A.                                                    non-safeguards information (SUNSI), an
                                                   Date of amendment request:                              Date of issuance: February 27, 2018.               order imposes procedures to obtain
                                                November 9, 2017, as supplemented by                       Effective date: As of the date of                  access to SUNSI for contention
                                                letter dated January 22, 2018.                          issuance and shall be implemented                     preparation.
                                                   Brief description of amendment: The                  within 30 days of issuance.                           DATES:  Comments must be filed by June
                                                amendment revised the HCGS Technical                       Amendment Nos.: 110 (Unit No. 3)                   7, 2018. A request for a hearing must be
                                                Specifications. Specifically, the                       and 109 (Unit No. 4). A publicly-                     filed by July 9, 2018. Any potential
                                                amendment revised the safety limit                      available version is in ADAMS under                   party, as defined in § 2.4 of title 10 of
                                                minimum critical power ratio for two                    Package Accession No. ML18030A612;                    the Code of Federal Regulations (10
                                                recirculation loop operation and single                 documents related to these amendments                 CFR), who believes access to SUNSI is
                                                recirculation loop operation based on                   are listed in the Safety Evaluation                   necessary to respond to this notice must
                                                the HCGS Cycle 22 specific analysis.                    enclosed with the amendments.                         request document access by May 18,
                                                   Date of issuance: April 11, 2018.                                                                          2018.
                                                   Effective date: As of the date of                       Facility Combined Licenses Nos. NPF–
                                                issuance and shall be implemented                       91 and NPF–92: Amendments revised                     ADDRESSES:   You may submit comments
                                                prior to startup following the spring                   the facility COL.                                     by any of the following methods:
                                                2018 refueling outage.                                     Date of initial notice in Federal                    • Federal Rulemaking Website: Go to
                                                   Amendment No.: 211. A publicly-                      Register: November 21, 2017 (82 FR                    http://www.regulations.gov and search
                                                available version is in ADAMS under                     55401).                                               for Docket ID NRC–2018–0071. Address
                                                Accession No. ML18081A044;                                 The Commission’s related evaluation                questions about NRC dockets to Jennifer
                                                documents related to this amendment                     of the amendments is contained in a                   Borges; telephone: 301–287–9127;
                                                are listed in the Safety Evaluation                     Safety Evaluation dated February 27,                  email: Jennifer.Borges@nrc.gov. For
                                                enclosed with the amendment.                            2018.                                                 technical questions, contact the
                                                   Renewed Facility Operating License                                                                         individual listed in the FOR FURTHER
                                                No. NPF–57: The amendment revised                          No significant hazards consideration               INFORMATION CONTACT section of this
                                                the renewed facility operating license                  comments received: No.                                document.
                                                and technical specifications.                             Dated at Rockville, Maryland, this 26th day           • Mail comments to: May Ma, Office
                                                   Date of initial notice in Federal                    of April 2018.                                        of Administration, Mail Stop: TWFN–7–
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                                                Register: February 6, 2018 (83 FR                         For the Nuclear Regulatory Commission.              A60, U.S. Nuclear Regulatory
                                                5281). The supplemental letter dated                    Tara Inverso,                                         Commission, Washington, DC 20555–
                                                January 22, 2018, provided additional                   Acting Deputy Director, Division of Operating         0001.
                                                information that clarified the                          Reactor Licensing, Office of Nuclear Reactor            For additional direction on obtaining
                                                application, did not expand the scope of                Regulation.                                           information and submitting comments,
                                                the application as originally noticed,                  [FR Doc. 2018–09244 Filed 5–7–18; 8:45 am]            see ‘‘Obtaining Information and
                                                and did not change the NRC staff’s                      BILLING CODE 7590–01–P                                Submitting Comments’’ in the


                                           VerDate Sep<11>2014   18:41 May 07, 2018   Jkt 244001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\08MYN1.SGM   08MYN1


                                                                                Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices                                             20867

                                                SUPPLEMENTARY INFORMATION             section of        inform those persons not to include                   determination is that the amendment
                                                this document.                                          identifying or contact information that               involves no significant hazards
                                                FOR FURTHER INFORMATION CONTACT:    Kay                 they do not want to be publicly                       consideration. In addition, the
                                                Goldstein, Office of Nuclear Reactor                    disclosed in their comment submission.                Commission may issue the amendment
                                                Regulation, U.S. Nuclear Regulatory                     Your request should state that the NRC                prior to the expiration of the 30-day
                                                Commission, Washington, DC 20555–                       does not routinely edit comment                       comment period if circumstances
                                                0001; telephone: 301–415–1506, email:                   submissions to remove such information                change during the 30-day comment
                                                Kay.Goldstein@nrc.gov.                                  before making the comment                             period such that failure to act in a
                                                SUPPLEMENTARY INFORMATION:                              submissions available to the public or                timely way would result, for example,
                                                                                                        entering the comment into ADAMS.                      in derating or shutdown of the facility.
                                                I. Obtaining Information and                                                                                  If the Commission takes action prior to
                                                Submitting Comments                                     II. Background
                                                                                                                                                              the expiration of either the comment
                                                                                                           Pursuant to Section 189.a.(2) of the               period or the notice period, it will
                                                A. Obtaining Information                                Atomic Energy Act of 1954, as amended                 publish a notice of issuance in the
                                                   Please refer to Docket ID NRC–2018–                  (the Act), the NRC is publishing this                 Federal Register. If the Commission
                                                0071, facility name, unit number(s),                    notice. The Act requires the                          makes a final no significant hazards
                                                plant docket number, application date,                  Commission to publish notice of any                   consideration determination, any
                                                and subject when contacting the NRC                     amendments issued, or proposed to be                  hearing will take place after issuance.
                                                about the availability of information for               issued and grants the Commission the                  The Commission expects that the need
                                                this action. You may obtain publicly-                   authority to issue and make                           to take this action will occur very
                                                available information related to this                   immediately effective any amendment                   infrequently.
                                                action by any of the following methods:                 to an operating license or combined
                                                   • Federal Rulemaking Website: Go to                  license, as applicable, upon a                        A. Opportunity To Request a Hearing
                                                http://www.regulations.gov and search                   determination by the Commission that                  and Petition for Leave To Intervene
                                                for Docket ID NRC–2018–0071.                            such amendment involves no significant                   Within 60 days after the date of
                                                   • NRC’s Agencywide Documents                         hazards consideration, notwithstanding                publication of this notice, any person
                                                Access and Management System                            the pendency before the Commission of                 (petitioner) whose interest may be
                                                (ADAMS): You may obtain publicly-                       a request for a hearing from any person.              affected by this action may file a request
                                                available documents online in the                          This notice includes notices of                    for a hearing and petition for leave to
                                                ADAMS Public Documents collection at                    amendments containing SUNSI.                          intervene (petition) with respect to the
                                                http://www.nrc.gov/reading-rm/                                                                                action. Petitions shall be filed in
                                                                                                        III. Notice of Consideration of Issuance
                                                adams.html. To begin the search, select                                                                       accordance with the Commission’s
                                                                                                        of Amendments to Facility Operating
                                                ‘‘ADAMS Public Documents’’ and then                                                                           ‘‘Agency Rules of Practice and
                                                                                                        Licenses or Combined Licenses,
                                                select ‘‘Begin Web-based ADAMS                                                                                Procedure’’ in 10 CFR part 2. Interested
                                                                                                        Proposed No Significant Hazards                       persons should consult a current copy
                                                Search.’’ For problems with ADAMS,
                                                                                                        Consideration Determination, and                      of 10 CFR 2.309. The NRC’s regulations
                                                please contact the NRC’s Public
                                                                                                        Opportunity for a Hearing                             are accessible electronically from the
                                                Document Room (PDR) reference staff at
                                                1–800–397–4209, 301–415–4737, or by                        The Commission has made a                          NRC Library on the NRC’s website at
                                                email to pdr.resource@nrc.gov. The                      proposed determination that the                       http://www.nrc.gov/reading-rm/doc-
                                                ADAMS accession number for each                         following amendment request involves                  collections/cfr/. Alternatively, a copy of
                                                document referenced (if it is available in              no significant hazards consideration.                 the regulations is available at the NRC’s
                                                ADAMS) is provided the first time that                  Under the Commission’s regulations in                 Public Document Room, located at One
                                                it is mentioned in this document.                       10 CFR 50.92, this means that operation               White Flint North, Room O1–F21, 11555
                                                   • NRC’s PDR: You may examine and                     of the facility in accordance with the                Rockville Pike (First Floor), Rockville,
                                                purchase copies of public documents at                  proposed amendment would not (1)                      Maryland 20852. If a petition is filed,
                                                the NRC’s PDR, Room O1–F21, One                         involve a significant increase in the                 the Commission or a presiding officer
                                                White Flint North, 11555 Rockville                      probability or consequences of an                     will rule on the petition and, if
                                                Pike, Rockville, Maryland 20852.                        accident previously evaluated, or (2)                 appropriate, a notice of a hearing will be
                                                                                                        create the possibility of a new or                    issued.
                                                B. Submitting Comments                                  different kind of accident from any                      As required by 10 CFR 2.309(d) the
                                                  Please include Docket ID NRC–2018–                    accident previously evaluated, or (3)                 petition should specifically explain the
                                                0071, facility name, unit number(s),                    involve a significant reduction in a                  reasons why intervention should be
                                                plant docket number, application date,                  margin of safety. The basis for this                  permitted with particular reference to
                                                and subject in your comment                             proposed determination for the                        the following general requirements for
                                                submission.                                             amendment request is shown below.                     standing: (1) The name, address, and
                                                  The NRC cautions you not to include                      The Commission is seeking public                   telephone number of the petitioner; (2)
                                                identifying or contact information that                 comments on this proposed                             the nature of the petitioner’s right under
                                                you do not want to be publicly                          determination. Any comments received                  the Act to be made a party to the
                                                disclosed in your comment submission.                   within 30 days after the date of                      proceeding; (3) the nature and extent of
                                                The NRC will post all comment                           publication of this notice will be                    the petitioner’s property, financial, or
                                                submissions at http://                                  considered in making any final                        other interest in the proceeding; and (4)
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                                                www.regulations.gov, as well as enter                   determination.                                        the possible effect of any decision or
                                                the comment submissions into ADAMS.                        Normally, the Commission will not                  order which may be entered in the
                                                The NRC does not routinely edit                         issue the amendment until the                         proceeding on the petitioner’s interest.
                                                comment submissions to remove                           expiration of 60 days after the date of                  In accordance with 10 CFR 2.309(f),
                                                identifying or contact information.                     publication of this notice. The                       the petition must also set forth the
                                                  If you are requesting or aggregating                  Commission may issue the license                      specific contentions which the
                                                comments from other persons for                         amendment before expiration of the 60-                petitioner seeks to have litigated in the
                                                submission to the NRC, then you should                  day period provided that its final                    proceeding. Each contention must


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                                                20868                           Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

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


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                                                                                Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices                                                  20869

                                                that they wish to participate in the                    as described above, click cancel when                 Tests, Analyses, and Acceptance
                                                proceeding, so that the filer need not                  the link requests certificates and you                Criteria (ITAAC) related to flow rate
                                                serve the document on those                             will be automatically directed to the                 testing of the passive containment
                                                participants separately. Therefore,                     NRC’s electronic hearing dockets where                cooling system (PCS) in order to capture
                                                applicants and other participants (or                   you will be able to access any publicly               lessons learned from preoperational
                                                their counsel or representative) must                   available documents in a particular                   testing performed at China’s AP1000
                                                apply for and receive a digital ID                      hearing docket. Participants are                      nuclear power station, Sanmen Unit 1.
                                                certificate before adjudicatory                         requested not to include personal                        Basis for proposed no significant
                                                documents are filed so that they can                    privacy information, such as social                   hazards consideration determination:
                                                obtain access to the documents via the                  security numbers, home addresses, or                  As required by 10 CFR 50.91(a), the
                                                E-Filing system.                                        personal phone numbers in their filings,              licensee has provided its analysis of the
                                                   A person filing electronically using                 unless an NRC regulation or other law                 issue of no significant hazards
                                                the NRC’s adjudicatory E-Filing system                  requires submission of such                           consideration, which is presented below
                                                may seek assistance by contacting the                   information. For example, in some                     with NRC staff edits in square brackets:
                                                NRC’s Electronic Filing Help Desk                       instances, individuals provide home                      1. Does the proposed amendment involve
                                                through the ‘‘Contact Us’’ link located                 addresses in order to demonstrate                     a significant increase in the probability or
                                                on the NRC’s public website at http://                  proximity to a facility or site. With                 consequences of an accident previously
                                                www.nrc.gov/site-help/e-                                respect to copyrighted works, except for              evaluated?
                                                submittals.html, by email to                            limited excerpts that serve the purpose                  Response: No.
                                                MSHD.Resource@nrc.gov, or by a toll-                    of the adjudicatory filings and would                    This change proposes updates to the plant-
                                                free call at 1–866–672–7640. The NRC                    constitute a Fair Use application,                    specific containment integrity analyses. Heat
                                                Electronic Filing Help Desk is available                participants are requested not to include             sinks, control volumes, and flow paths have
                                                between 9 a.m. and 6 p.m., Eastern                                                                            been recalculated, and are in turn modeled
                                                                                                        copyrighted materials in their                        in the WGOTHIC EM. Various methodology
                                                Time, Monday through Friday,                            submission.                                           changes are also made to the WGOTHIC
                                                excluding government holidays.                                                                                methodology for the AP1000 plant design.
                                                   Participants who believe that they                   Southern Nuclear Operating Company,
                                                                                                        Inc., Docket Nos. 52–025 and 52–026,                  M&E releases for LOCA and MSLB are also
                                                have a good cause for not submitting                                                                          recalculated. These updates culminate in the
                                                documents electronically must file an                   Vogtle Electric Generating Plant, Units 3
                                                                                                                                                              recalculation of the containment integrity
                                                exemption request, in accordance with                   and 4, Burke County, Georgia                          calculations. Additionally, changes are
                                                10 CFR 2.302(g), with their initial paper                 Date of amendment request:                          proposed to ITAAC acceptance criteria
                                                filing stating why there is good cause for              December 21, 2017. A publicly-available               related to flow rate testing of the PCS in order
                                                not filing electronically and requesting                version is in ADAMS under Accession                   to capture lessons learned from testing at
                                                authorization to continue to submit                     No. ML18029A243.                                      [China’s AP1000] Sanmen Unit 1.
                                                                                                          Description of amendment request:                      The proposed changes do not adversely
                                                documents in paper format. Such filings
                                                                                                                                                              affect the operation of any systems or
                                                must be submitted by: (1) First class                   This amendment request contains
                                                                                                                                                              equipment that initiate an analyzed accident
                                                mail addressed to the Office of the                     sensitive unclassified non-safeguards                 or alter any structures, systems, and
                                                Secretary of the Commission, U.S.                       information (SUNSI). The amendment                    components (SSC) accident initiator or
                                                Nuclear Regulatory Commission,                          request proposes changes to the                       initiating sequence of events. The proposed
                                                Washington, DC 20555–0001, Attention:                   Updated Final Safety Analysis Report                  changes do not adversely affect the physical
                                                Rulemaking and Adjudications Staff; or                  (UFSAR) in the form of departures from                design and operation of the PCS including as-
                                                (2) courier, express mail, or expedited                 the incorporated plant-specific Design                installed inspections, testing, and
                                                delivery service to the Office of the                   Control Document (DCD) Tier 2* and                    maintenance requirements, as described in
                                                Secretary, 11555 Rockville Pike,                        Tier 2 information and related changes                the UFSAR. Therefore, the operation of the
                                                                                                        to the Vogtle Electric Generating Plant,              PCS is not adversely affected. A LOCA and
                                                Rockville, Maryland 20852, Attention:
                                                                                                                                                              a MSLB are considered and identified as the
                                                Rulemaking and Adjudications Staff.                     Units 3 and 4, Combined License (COL)
                                                                                                                                                              limiting events for the AP1000 design with
                                                Participants filing adjudicatory                        Appendix A and COL Appendix C (and                    respect to containment peak pressure and
                                                documents in this manner are                            corresponding plant-specific DCD Tier                 temperature. However, the proposed changes
                                                responsible for serving the document on                 1) information. An exemption request                  do not adversely affect the probability of
                                                all other participants. Filing is                       relating to the proposed changes to the               either a LOCA or MSLB from occurring.
                                                considered complete by first-class mail                 AP1000 DCD Tier 1 is included with the                Therefore, the probabilities of the accidents
                                                as of the time of deposit in the mail, or               request. Specifically, the amendment                  previously evaluated in the UFSAR are not
                                                by courier, express mail, or expedited                  request states that design changes                    affected.
                                                delivery service upon depositing the                    within containment have necessitated                     The proposed changes do not adversely
                                                                                                        recalculation of geometry input to the                affect the ability of the PCS to perform its
                                                document with the provider of the
                                                                                                                                                              design functions. The design of the PCS
                                                service. A presiding officer, having                    WGOTHIC evaluation model (EM) used
                                                                                                                                                              continues to meet the same regulatory
                                                granted an exemption request from                       for containment integrity analyses. Heat              acceptance criteria, codes, and standards as
                                                using E-Filing, may require a participant               sinks, control volumes, and flow paths                required by the UFSAR. In addition, the
                                                or party to use E-Filing if the presiding               have been recalculated, and are in turn               proposed changes maintain the capabilities
                                                officer subsequently determines that the                modeled in the WGOTHIC EM. Mass                       of the PCS to mitigate the consequences of an
                                                reason for granting the exemption from                  and energy (M&E) releases for Loss of                 accident and to meet the applicable
                                                use of E-Filing no longer exists.                       Coolant Accident (LOCA) and Main                      regulatory acceptance criteria. The proposed
                                                   Documents submitted in adjudicatory                  Steam Line Break (MSLB) events are                    changes do not adversely affect the
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                                                proceedings will appear in the NRC’s                    also recalculated. Various methodology                prevention and mitigation of other abnormal
                                                                                                                                                              events, e.g., anticipated operational
                                                electronic hearing docket which is                      changes are also made to the WGOTHIC
                                                                                                                                                              occurrences, earthquakes, floods and turbine
                                                available to the public at https://                     methodology for the AP1000 design.                    missiles, or their safety or design analyses.
                                                adams.nrc.gov/ehd, unless excluded                      These updates culminate in the                        Therefore, the consequences of accidents
                                                pursuant to an order of the Commission                  recalculation of the containment                      evaluated in the UFSAR are not affected.
                                                or the presiding officer. If you do not                 integrity analyses. Additionally,                        Therefore, the proposed amendment does
                                                have an NRC-issued digital ID certificate               changes are proposed to Inspections,                  not involve a significant increase in the



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                                                20870                           Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

                                                consequences of an accident previously                  exceeded by the proposed changes, and no              Office of the General Counsel are
                                                evaluated.                                              margin of safety is reduced.                          Hearing.Docket@nrc.gov and
                                                   2. Does the proposed amendment create                  Therefore, the proposed amendment does              OGCmailcenter@nrc.gov, respectively.1
                                                the possibility of a new or different kind of           not involve a significant reduction in a              The request must include the following
                                                accident from any accident previously                   margin of safety.
                                                evaluated?                                                                                                    information:
                                                   Response: No.                                           The NRC staff has reviewed the                        (1) A description of the licensing
                                                   This change proposes updates to the plant-           licensee’s analysis and, based on this                action with a citation to this Federal
                                                specific containment integrity analyses. Heat           review, it appears that the three                     Register notice;
                                                sinks, control volumes, and flow paths have             standards of 10 CFR 50.92(c) are                         (2) The name and address of the
                                                been recalculated, and are in turn modeled              satisfied. Therefore, the NRC staff                   potential party and a description of the
                                                in the WGOTHIC EM. Various methodology                  proposes to determine that the                        potential party’s particularized interest
                                                changes are also made to the WGOTHIC                    amendment request involves no                         that could be harmed by the action
                                                methodology for the AP1000 plant design.                                                                      identified in C.(1); and
                                                                                                        significant hazards consideration.
                                                M&E releases for LOCA and MSLB are also                                                                          (3) The identity of the individual or
                                                recalculated. These updates culminate in the               Attorney for licensee: Kathryn M.
                                                recalculation of the containment integrity              Sutton, Morgan, Lewis & Bockius LLC,                  entity requesting access to SUNSI and
                                                calculations. Additionally, changes are                 1111 Pennsylvania Avenue NW,                          the requester’s basis for the need for the
                                                proposed to ITAAC acceptance criteria                   Washington, DC 20004–2514.                            information in order to meaningfully
                                                related to flow rate testing of the passive                NRC Branch Chief: Jennifer Dixon-                  participate in this adjudicatory
                                                containment cooling system PCS in order to              Herrity.                                              proceeding. In particular, the request
                                                capture lessons learned from testing at                                                                       must explain why publicly available
                                                [China’s AP1000] Sanmen Unit 1.                         Order Imposing Procedures for Access                  versions of the information requested
                                                   The proposed changes would not introduce             to Sensitive Unclassified Non-                        would not be sufficient to provide the
                                                a new failure mode, fault, or sequence of               Safeguards Information for Contention                 basis and specificity for a proffered
                                                events that could result in a radioactive               Preparation
                                                material release. The proposed changes do                                                                     contention.
                                                not alter the design, configuration, or method          Southern Nuclear Operating Company,                      D. Based on an evaluation of the
                                                of operation of the plant beyond standard               Inc., Docket Nos. 52–025 and 52–026,                  information submitted under paragraph
                                                functional capabilities of the equipment.               Vogtle Electric Generating Plant, Units 3             C.(3), the NRC staff will determine
                                                Therefore, this activity does not allow for a           and 4, Burke County, Georgia                          within 10 days of receipt of the request
                                                new fission product release path, result in a                                                                 whether:
                                                new fission product barrier failure mode, or               A. This Order contains instructions                   (1) There is a reasonable basis to
                                                create a new sequence of events which                   regarding how potential parties to this               believe the petitioner is likely to
                                                results in significant fuel cladding failures.          proceeding may request access to                      establish standing to participate in this
                                                   Therefore, the proposed changes do not               documents containing Sensitive                        NRC proceeding; and
                                                create the possibility of a new or different            Unclassified Non-Safeguards                              (2) The requestor has established a
                                                kind of accident from any accident                      Information (SUNSI).
                                                previously evaluated.                                                                                         legitimate need for access to SUNSI.
                                                                                                           B. Within 10 days after publication of                E. If the NRC staff determines that the
                                                   3. Does the proposed amendment involve
                                                                                                        this notice of hearing and opportunity to             requestor satisfies both D.(1) and D.(2)
                                                a significant reduction in a margin of safety?
                                                   Response: No.                                        petition for leave to intervene, any                  above, the NRC staff will notify the
                                                   This change proposes updates to the plant-           potential party who believes access to                requestor in writing that access to
                                                specific containment integrity analyses. Heat           SUNSI is necessary to respond to this                 SUNSI has been granted. The written
                                                sinks, control volumes, and flow paths have             notice may request access to SUNSI. A                 notification will contain instructions on
                                                been recalculated, and are in turn modeled              ‘‘potential party’’ is any person who                 how the requestor may obtain copies of
                                                in the WGOTHIC EM. Various methodology                  intends to participate as a party by                  the requested documents, and any other
                                                changes are also made to the WGOTHIC                    demonstrating standing and filing an                  conditions that may apply to access to
                                                methodology for the AP1000 plant design.                admissible contention under 10 CFR
                                                M&E releases for LOCA and MSLB are also                                                                       those documents. These conditions may
                                                                                                        2.309. Requests for access to SUNSI                   include, but are not limited to, the
                                                recalculated. These updates culminate in the
                                                recalculation of the containment integrity              submitted later than 10 days after                    signing of a Non-Disclosure Agreement
                                                calculations. Additionally, changes are                 publication of this notice will not be                or Affidavit, or Protective Order 2 setting
                                                proposed to ITAAC acceptance criteria                   considered absent a showing of good                   forth terms and conditions to prevent
                                                related to flow rate testing of the passive             cause for the late filing, addressing why             the unauthorized or inadvertent
                                                containment cooling system (PCS) in order to            the request could not have been filed                 disclosure of SUNSI by each individual
                                                capture lessons learned from testing at                 earlier.                                              who will be granted access to SUNSI.
                                                [China’s AP1000] Sanmen Unit 1.                            C. The requester shall submit a letter                F. Filing of Contentions. Any
                                                   Safety margins are applied at many levels            requesting permission to access SUNSI
                                                to the design and licensing basis functions
                                                                                                                                                              contentions in these proceedings that
                                                                                                        to the Office of the Secretary, U.S.                  are based upon the information received
                                                and to the controlling values of parameters to
                                                account for various uncertainties and to                Nuclear Regulatory Commission,                        as a result of the request made for
                                                avoid exceeding regulatory or licensing                 Washington, DC 20555–0001, Attention:                 SUNSI must be filed by the requestor no
                                                limits. The proposed changes maintain                   Rulemakings and Adjudications Staff,                  later than 25 days after receipt of (or
                                                existing safety margins, and in some cases,             and provide a copy to the Associate
                                                provide additional margin. The proposed                 General Counsel for Hearings,                            1 While a request for hearing or petition to

                                                changes maintain the capabilities of the PCS            Enforcement and Administration, Office                intervene in this proceeding must comply with the
                                                to perform its design functions. Therefore,             of the General Counsel, U.S. Nuclear                  filing requirements of the NRC’s ‘‘E-Filing Rule,’’
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                                                the proposed changes satisfy the same design                                                                  the initial request to access SUNSI under these
                                                                                                        Regulatory Commission, Washington,                    procedures should be submitted as described in this
                                                functions in accordance with the same codes
                                                                                                        DC 20555–0001. The expedited delivery                 paragraph.
                                                and standards as stated in the UFSAR. These
                                                changes do not adversely affect any design              or courier mail address for both offices                 2 Any motion for Protective Order or draft Non-

                                                                                                        is: U.S. Nuclear Regulatory Commission,               Disclosure Affidavit or Agreement for SUNSI must
                                                code, function, safety analysis, safety                                                                       be filed with the presiding officer or the Chief
                                                analysis input or results, or design/safety             11555 Rockville Pike, Rockville,                      Administrative Judge if the presiding officer has not
                                                margin. No safety analysis or design basis              Maryland 20852. The email addresses                   yet been designated, within 30 days of the deadline
                                                acceptance limit/criterion is challenged or             for the Office of the Secretary and the               for the receipt of the written access request.



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                                                                                       Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices                                                   20871

                                                access to) that information. However, if                      been designated to rule on information                availability of interlocutory review by
                                                more than 25 days remain between the                          access issues, with that officer.                     the Commission of orders ruling on
                                                petitioner’s receipt of (or access to) the                       (3) Further appeals of decisions under             such NRC staff determinations (whether
                                                information and the deadline for filing                       this paragraph must be made pursuant                  granting or denying access) is governed
                                                all other contentions (as established in                      to 10 CFR 2.311.                                      by 10 CFR 2.311.3
                                                the notice of hearing or opportunity for                         H. Review of Grants of Access. A
                                                                                                              party other than the requester may                      I. The Commission expects that the
                                                hearing), the petitioner may file its
                                                SUNSI contentions by that later                               challenge an NRC staff determination                  NRC staff and presiding officers (and
                                                deadline.                                                     granting access to SUNSI whose release                any other reviewing officers) will
                                                   G. Review of Denials of Access.                            would harm that party’s interest                      consider and resolve requests for access
                                                   (1) If the request for access to SUNSI                     independent of the proceeding. Such a                 to SUNSI, and motions for protective
                                                is denied by the NRC staff after a                            challenge must be filed within 5 days of              orders, in a timely fashion in order to
                                                determination on standing and requisite                       the notification by the NRC staff of its              minimize any unnecessary delays in
                                                need, the NRC staff shall immediately                         grant of access and must be filed with:               identifying those petitioners who have
                                                notify the requestor in writing, briefly                      (a) The presiding officer designated in               standing and who have propounded
                                                stating the reason or reasons for the                         this proceeding; (b) if no presiding                  contentions meeting the specificity and
                                                denial.                                                       officer has been appointed, the Chief                 basis requirements in 10 CFR part 2.
                                                   (2) The requester may challenge the                        Administrative Judge, or if he or she is              The attachment to this Order
                                                NRC staff’s adverse determination by                          unavailable, another administrative                   summarizes the general target schedule
                                                filing a challenge within 5 days of                           judge, or an Administrative Law Judge                 for processing and resolving requests
                                                receipt of that determination with: (a)                       with jurisdiction pursuant to 10 CFR                  under these procedures.
                                                The presiding officer designated in this                      2.318(a); or (c) if another officer has
                                                proceeding; (b) if no presiding officer                       been designated to rule on information                  It is so ordered.
                                                has been appointed, the Chief                                 access issues, with that officer.                       Dated at Rockville, Maryland, this 9th of
                                                Administrative Judge, or if he or she is                         If challenges to the NRC staff                     April 2018.
                                                unavailable, another administrative                           determinations are filed, these                         For the Nuclear Regulatory Commission.
                                                judge, or an Administrative Law Judge                         procedures give way to the normal
                                                                                                                                                                    Annette L. Vietti-Cook,
                                                with jurisdiction pursuant to 10 CFR                          process for litigating disputes
                                                2.318(a); or (c) if another officer has                       concerning access to information. The                 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
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                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.

                                                  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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                                                20872                                        Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

                                                [FR Doc. 2018–07705 Filed 5–7–18; 8:45 am]                                  an Information Collection Request (ICR)                                      applicant is then notified that to protest
                                                BILLING CODE 7590–01–P                                                      to the Office of Information and                                             further, they can appeal to the RRB’s
                                                                                                                            Regulatory Affairs (OIRA), Office of                                         Bureau of Hearings and Appeals. The
                                                                                                                            Management and Budget (OMB). Our                                             appeal process is prescribed in 20 CFR
                                                POSTAL SERVICE                                                              ICR describes the information we seek                                        260.5 and 260.9 and 20 CFR 320.12 and
                                                                                                                            to collect from the public. Review and                                       320.38.
                                                Temporary Emergency Committee of                                            approval by OIRA ensures that we                                               To file a request for an appeal the
                                                the Board of Governors; Sunshine Act                                        impose appropriate paperwork burdens.                                        applicant must complete Form HA–1,
                                                Meeting                                                                       The RRB invites comments on the                                            Appeal Under the Railroad Retirement
                                                                                                                            proposed collections of information to                                       Act or Railroad Unemployment
                                                TIME AND DATE:  Wednesday, May 9,                                           determine (1) the practical utility of the                                   Insurance Act. The form asks the
                                                2018, at 10:30 a.m.                                                         collections; (2) the accuracy of the                                         applicant to explain the basis for their
                                                PLACE: Washington, DC, and via                                              estimated burden of the collections; (3)                                     request for an appeal and, if necessary,
                                                Teleconference.                                                             ways to enhance the quality, utility, and                                    to describe any additional evidence they
                                                STATUS: Closed.                                                             clarity of the information that is the                                       wish to submit in support of the appeal.
                                                                                                                            subject of collection; and (4) ways to                                       Completion is voluntary, however, if the
                                                MATTERS TO BE CONSIDERED:
                                                                                                                            minimize the burden of collections on                                        information is not provided the RRB
                                                Wednesday, May 9, 2018, at 10:30 a.m.                                       respondents, including the use of                                            cannot process the appeal.
                                                  1. Strategic Items.                                                       automated collection techniques or                                             Previous Requests for Comments: The
                                                  2. Financial Matters.                                                     other forms of information technology.                                       RRB has already published the initial
                                                  3. Executive Session—Discussion of                                        Comments to the RRB or OIRA must                                             60-day notice (83 FR 7511 on February
                                                prior agenda items and Temporary                                            contain the OMB control number of the                                        21, 2018) required by 44 U.S.C.
                                                Emergency Committee governance.                                             ICR. For proper consideration of your                                        3506(c)(2). That request elicited no
                                                  General Counsel Certification: The                                        comments, it is best if the RRB and                                          comments.
                                                General Counsel of the United States                                        OIRA receive them within 30 days of
                                                                                                                                                                                                         Information Collection Request (ICR)
                                                Postal Service has certified that the                                       the publication date.
                                                                                                                              1. Title and purpose of information                                          Title: Appeal Under the Railroad
                                                meeting may be closed under the
                                                                                                                            collection: Appeal Under the Railroad                                        Retirement and Railroad Unemployment
                                                Government in the Sunshine Act.
                                                                                                                            Retirement and Railroad Unemployment                                         Insurance Act.
                                                CONTACT PERSON FOR MORE INFORMATION:                                                                                                                       OMB Control Number: 3220–0007.
                                                                                                                            Insurance Act; OMB 3220–0007.
                                                Julie S. Moore, Secretary of the Board,                                       Under Section 7(b)(3) of the Railroad                                        Form(s) submitted: HA–1.
                                                U.S. Postal Service, 475 L’Enfant Plaza                                     Retirement Act (RRA), and Section 5(c)                                         Type of request: Extension without
                                                SW, Washington, DC 20260–1000.                                              of the Railroad Unemployment                                                 change of a currently approved
                                                Telephone: (202) 268–4800.                                                  Insurance Act (RUIA) any person                                              collection.
                                                Julie S. Moore,                                                             aggrieved by a decision made by an                                             Affected public: Individuals or
                                                Secretary.                                                                  office of the RRB on his or her                                              Households.
                                                [FR Doc. 2018–09905 Filed 5–4–18; 4:15 pm]                                  application for an annuity or benefit                                          Abstract: Under Section 7(b)(3) of the
                                                BILLING CODE 7710–12–P
                                                                                                                            under those Acts has the right to appeal                                     Railroad Retirement Act and Section
                                                                                                                            to the RRB. This right is prescribed in                                      5(c) of the Railroad Unemployment
                                                                                                                            20 CFR 260 and 20 CFR 320. The                                               Insurance Act, a person aggrieved by a
                                                                                                                            notification letter, which is provided at                                    decision on his or her application for an
                                                RAILROAD RETIREMENT BOARD                                                   the time of filing the original                                              annuity or other benefit has the right to
                                                Agency Forms Submitted for OMB                                              application, informs the applicant of                                        appeal to the RRB. The collection
                                                Review, Request for Comments                                                such right. When an applicant protests                                       provides the means for the appeal
                                                                                                                            a decision, the concerned RRB office                                         action.
                                                SUMMARY:  In accordance with the                                            reviews the entire file and any                                                Changes proposed: The RRB proposes
                                                Paperwork Reduction Act of 1995 (44                                         additional evidence submitted and                                            no changes to Form HA–1.
                                                U.S.C. Chapter 35), the Railroad                                            sends the applicant a letter explaining                                        The burden estimate for the ICR is as
                                                Retirement Board (RRB) is forwarding                                        the basis of the determination. The                                          follows:

                                                                                                                                                                                                                  Annual      Time        Burden
                                                                                                                       Form No.                                                                                 responses   (minutes)     (hours)

                                                HA–1 ........................................................................................................................................................         550           20         185



                                                  2. Title and Purpose of information                                       amendments to the RRA, the Tier II                                           with a non-railroad person, company, or
                                                collection: Annual Earnings                                                 portion of the regular annuity and any                                       institution prior to retirement, which
                                                Questionnaire; OMB 3220–0179.                                               supplemental annuity must be reduced                                         was performed at the same time as
                                                  Under section 2(e)(3) of the Railroad                                     by one dollar for each two dollars of                                        railroad employment or after the
                                                Retirement Act (RRA), an annuity is not                                     Last Pre-Retirement Non-Railroad                                             annuitant stopped railroad employment.
sradovich on DSK3GMQ082PROD with NOTICES




                                                payable for any month in which a                                            Employment (LPE) earnings for each                                           The collection obtains earnings
                                                beneficiary works for a railroad. In                                        month of such service. However, the                                          information needed by the RRB to
                                                addition, an annuity is reduced for any                                     reduction cannot exceed 50 percent of                                        determine if possible reductions in
                                                month in which the beneficiary works                                        the Tier II and supplemental annuity                                         annuities are in order due to LPE.
                                                for an employer other than a railroad                                       amount for the month to which such                                             The RRB utilizes Form G–19L,
                                                employer and earns more than a                                              deductions apply. The LPE generally                                          Annual Earnings Questionnaire, to
                                                prescribed amount. Under the 1988                                           refers to an annuitant’s last employment                                     obtain LPE earnings information from


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Document Created: 2018-05-08 01:31:26
Document Modified: 2018-05-08 01:31:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
DatesComments must be filed by June 7, 2018. A request for a hearing must be filed by July 9, 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 May 18, 2018.
ContactKay Goldstein, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1506, email: [email protected]
FR Citation83 FR 20866 

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