83_FR_26820 83 FR 26709 - Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2

83 FR 26709 - Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range26709-26713
FR Document2018-12327

The U.S. Nuclear Regulatory Commission (NRC) received, and is considering approval of, an application from Tennessee Valley Authority (TVA or the licensee) for amendments to Facility Operating License Nos. NPF-90 and NPF-96, which authorizes the operation of Watts Bar Nuclear Plant (WBN), Unit Nos. 1 and 2, respectively. The amendments would allow the loading of tritium producing burnable absorber rods (TPBARs) in WBN, Unit 2 and would make associated technical specification changes for WBN, Unit Nos. 1 and 2. Because this 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 111 (Friday, June 8, 2018)
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26709-26713]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12327]


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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-390 and 50-391; NRC-2018-0107]


Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 
2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to request a hearing 
and to petition for leave to intervene; order imposing procedures.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received, and is 
considering approval of, an application from Tennessee Valley Authority 
(TVA or the licensee) for amendments to Facility Operating License Nos. 
NPF-90 and NPF-96, which authorizes the operation of Watts Bar Nuclear 
Plant (WBN), Unit Nos. 1 and 2, respectively. The amendments would 
allow the loading of tritium producing burnable absorber rods (TPBARs) 
in WBN, Unit 2 and would make associated technical specification 
changes for WBN, Unit Nos. 1 and 2. Because this amendment request 
contains sensitive unclassified non-safeguards information (SUNSI), an 
order imposes procedures to obtain access to SUNSI for contention 
preparation.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by August 7, 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 June 18, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0107 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-2018-0107. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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 pdr.resource@nrc.gov. 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.

FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3100, email: John.Lamb@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of amendments to Facility Operating 
License Nos. NPF-90 and NPF-96, issued to TVA, for operation of the 
WBN, Unit Nos. 1 and 2, located in Rhea County, Tennessee.
    The proposed amendments would revise the WBN, Unit 2 Technical 
Specification (TS) 4.2.1, ``Fuel Assemblies,'' to add a limit for the 
number of TPBARs that can be loaded in the WBN, Unit 2, core; the 
proposed limit would be 1,792 TPBARs. The proposed amendments would 
also revise TS 3.7.15, ``Spent Fuel Assembly Storage''; TS 3.9.9, 
``Spent Fuel Boron Concentration''; and TS 4.3, ``Fuel Storage,'' and 
add TS 3.7.18, ``Fuel Storage Pool Boron Concentration''; and

[[Page 26710]]

TS 5.7.2.21, ``Spent Fuel Storage Rack Neutron Absorber Monitoring 
Program,'' for WBN, Unit Nos. 1 and 2.
    The proposed change to TS 3.7.15 is to revise the fuel storage 
limitations on fuel assemblies by eliminating the burnup-related 
criteria. The proposed change to TS 3.9.9 is to modify the minimum fuel 
storage pool boron concentration during refueling operations when fuel 
is stored in the pool. The proposed change to TS 4.3 is to replace the 
storage limitations on fuel assembly burnup and storage with a single 
requirement to maintain a specified boron concentration in the spent 
fuel pool. The proposed change would add TS 3.7.18 to revise the 
minimum storage pool boron concentration when fuel is stored in the 
pool. The proposed change would add a new program as TS 5.7.2.21 to 
monitor the condition of the neutron absorber material used in the 
spent fuel pool storage racks to ensure it will continue to perform its 
assumed design functions.
    These proposed changes will support a planned increase in the TPBAR 
inventory in the WBN, Unit 2 reactor core to support national security 
needs.
    Before any issuance of the proposed license amendments, the NRC 
will need to make the findings required by the Atomic Energy Act of 
1954, as amended (the Act), and NRC's regulations.
    The amendments will not be issued prior to a hearing unless the 
staff makes a determination that the amendments involve no significant 
hazards considerations. If a request for a hearing is received, the 
NRC's staff may issue the amendments after it completes its technical 
review and prior to the completion of any required hearing if it 
publishes a further notice for public comment of its proposed finding 
of no significant hazards consideration in accordance with 10 CFR 50.91 
and 50.92.

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's 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 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

[[Page 26711]]

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.

III. 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 hearing.docket@nrc.gov, 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 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 MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated December 20, 2017 (ADAMS 
Accession No. ML17354B282), as supplemented on February 15 and April 9, 
2018 (ADAMS Accession Nos. ML18047A181 and ML18100A953, respectively). 
This amendment request contains SUNSI.
    Attorney for licensee: General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Drive, 6A West Tower, Knoxville, Tennessee 37902.
    NRC Acting Branch Chief: Brian Tindell.

[[Page 26712]]

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

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

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

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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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 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\
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    \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 4th of June, 2018.


[[Page 26713]]


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

Attachment 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information in This Proceeding

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

[FR Doc. 2018-12327 Filed 6-7-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices                                            26709

                                              SUP would not significantly affect the                  renewal of SUP would not significantly                 ADDRESSES:   Please refer to Docket ID
                                              quality of the human environment.                       affect the quality of the human                        NRC–2018–0107 when contacting the
                                              Approval of the proposed action would                   environment. Based on the EA, the NRC                  NRC about the availability of
                                              not result in increased radiological risk               staff determined that approval of the                  information for this action. You may
                                              to public health or the environment.                    proposed action would not result in a                  obtain publicly-available information
                                                                                                      significantly increased radiological risk              related to this action by any of the
                                              Environmental Impacts of the
                                                                                                      to public health or the environment.                   following methods:
                                              Alternatives to the Proposed Action
                                                                                                      The NRC staff has determined that                         • Federal Rulemaking website: Go to
                                                 As an alternative to the proposed                    pursuant to 10 CFR 51.31, preparation                  http://www.regulations.gov and search
                                              action, the staff considered denial of the              of an EIS is not required for the                      for Docket ID NRC–2018–0107. Address
                                              proposed action (i.e., the ‘‘no-action’’                proposed action and, pursuant to 10                    questions about NRC dockets to Jennifer
                                              alternative). The no-action alternative                 CFR 51.32, a FONSI is appropriate.                     Borges; telephone: 301–287–9127;
                                              would mean that the NRC would not                                                                              email: Jennifer.Borges@nrc.gov. For
                                                                                                        Dated at Rockville, Maryland, on June 5,
                                              approve license SUA–1350, and KUC                       2018.                                                  technical questions, contact the
                                              would commence decommissioning                                                                                 individual listed in the FOR FURTHER
                                                                                                        For the Nuclear Regulatory Commission.
                                              activities.                                                                                                    INFORMATION CONTACT section of this
                                                                                                      Craig G. Erlanger,
                                              Agencies and Persons Consulted                                                                                 document.
                                                                                                      Director, Division of Fuel Cycle Safety,
                                                                                                      Safeguards, and Environmental Review,
                                                                                                                                                                • NRC’s Agencywide Documents
                                                In accordance with its stated policy,                                                                        Access and Management System
                                              on March 26, 2018, the NRC staff                        Office of Nuclear Material Safety and
                                                                                                      Safeguards.                                            (ADAMS): You may obtain publicly-
                                              consulted with the U.S. Fish and                                                                               available documents online in the
                                              Wildlife Service (FWS), the Wyoming                     [FR Doc. 2018–12350 Filed 6–7–18; 8:45 am]
                                                                                                                                                             ADAMS Public Documents collection at
                                              State Historic Preservation Officer                     BILLING CODE 7590–01–P
                                                                                                                                                             http://www.nrc.gov/reading-rm/
                                              (SHPO), and the Wyoming Department                                                                             adams.html. To begin the search, select
                                              of Environmental Quality (WDEQ)                                                                                ‘‘ADAMS Public Documents’’ and then
                                              regarding the proposed action. The FWS                  NUCLEAR REGULATORY
                                                                                                      COMMISSION                                             select ‘‘Begin Web-based ADAMS
                                              stated that no federally listed or                                                                             Search.’’ For problems with ADAMS,
                                              proposed endangered or threatened                       [Docket Nos. 50–390 and 50–391; NRC–                   please contact the NRC’s Public
                                              species occur within the area affected by               2018–0107]                                             Document Room (PDR) reference staff at
                                              the proposed action. The SHPO notified                                                                         1–800–397–4209, 301–415–4737, or by
                                              NRC that it had no comments related to                  Tennessee Valley Authority; Watts Bar
                                                                                                      Nuclear Plant, Units 1 and 2                           email to pdr.resource@nrc.gov. The
                                              the historic and cultural resources on                                                                         ADAMS accession number for each
                                              the proposed license renewal. The                       AGENCY:  Nuclear Regulatory                            document referenced (if it is available in
                                              WDEQ stated that it had no comments                     Commission.                                            ADAMS) is provided the first time that
                                              on the draft EA.                                                                                               it is mentioned in this document.
                                                                                                      ACTION: License amendment application;
                                              Additional Information                                  opportunity to request a hearing and to                   • NRC’s PDR: You may examine and
                                                                                                      petition for leave to intervene; order                 purchase copies of public documents at
                                                 The NRC staff conducted an
                                                                                                      imposing procedures.                                   the NRC’s PDR, Room O1–F21, One
                                              environmental review in accordance
                                                                                                                                                             White Flint North, 11555 Rockville
                                              with 10 CFR part 51, which implements                   SUMMARY:   The U.S. Nuclear Regulatory                 Pike, Rockville, Maryland 20852.
                                              the requirements of the National                        Commission (NRC) received, and is
                                              Environmental Policy Act of 1969, as                                                                           FOR FURTHER INFORMATION CONTACT: John
                                                                                                      considering approval of, an application                G. Lamb, Office of Nuclear Reactor
                                              amended (NEPA). The results of the                      from Tennessee Valley Authority (TVA
                                              NRC’s environmental review can be                                                                              Regulation, U.S. Nuclear Regulatory
                                                                                                      or the licensee) for amendments to                     Commission, Washington, DC 20555–
                                              found in the final EA (ADAMS                            Facility Operating License Nos. NPF–90
                                              Accession No. ML18135A206). Based on                                                                           0001; telephone: 301–415–3100, email:
                                                                                                      and NPF–96, which authorizes the                       John.Lamb@nrc.gov.
                                              the results of this environmental                       operation of Watts Bar Nuclear Plant
                                              assessment, the NRC has determined not                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                      (WBN), Unit Nos. 1 and 2, respectively.
                                              to prepare an EIS for license renewal of                The amendments would allow the                         I. Introduction
                                              the SUP and is instead issuing a FONSI.                 loading of tritium producing burnable
                                                 After weighing the impacts of the                                                                              The NRC is considering issuance of
                                                                                                      absorber rods (TPBARs) in WBN, Unit 2                  amendments to Facility Operating
                                              license renewal and comparing to the                    and would make associated technical
                                              no-action alternative, the NRC staff, in                                                                       License Nos. NPF–90 and NPF–96,
                                                                                                      specification changes for WBN, Unit                    issued to TVA, for operation of the
                                              accordance with 10 CFR 51.91(d), sets                   Nos. 1 and 2. Because this amendment
                                              forth its NEPA recommendation                                                                                  WBN, Unit Nos. 1 and 2, located in
                                                                                                      request contains sensitive unclassified                Rhea County, Tennessee.
                                              regarding the proposed action (granting                 non-safeguards information (SUNSI), an
                                              the request for renewal of license SUA–                                                                           The proposed amendments would
                                                                                                      order imposes procedures to obtain                     revise the WBN, Unit 2 Technical
                                              1350). Unless safety issues mandate                     access to SUNSI for contention
                                              otherwise, the NRC staff’s                                                                                     Specification (TS) 4.2.1, ‘‘Fuel
                                                                                                      preparation.                                           Assemblies,’’ to add a limit for the
                                              recommendation related to the
                                              environmental aspects of the proposed                   DATES:  A request for a hearing or                     number of TPBARs that can be loaded
                                              action is that an NRC license renewal be                petition for leave to intervene must be                in the WBN, Unit 2, core; the proposed
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                                              issued.                                                 filed by August 7, 2018. Any potential                 limit would be 1,792 TPBARs. The
                                                                                                      party as defined in § 2.4 of title 10 of the           proposed amendments would also
                                              III. Finding of No Significant Impact                   Code of Federal Regulations (10 CFR),                  revise TS 3.7.15, ‘‘Spent Fuel Assembly
                                                 Based on its review of the proposed                  who believes access to SUNSI is                        Storage’’; TS 3.9.9, ‘‘Spent Fuel Boron
                                              action, and in accordance with the                      necessary to respond to this notice must               Concentration’’; and TS 4.3, ‘‘Fuel
                                              requirements in 10 CFR part 51, the                     request document access by June 18,                    Storage,’’ and add TS 3.7.18, ‘‘Fuel
                                              NRC staff has determined that license                   2018.                                                  Storage Pool Boron Concentration’’; and


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                                              26710                            Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices

                                              TS 5.7.2.21, ‘‘Spent Fuel Storage Rack                  Public Document Room, located at One                   deadline will not be entertained absent
                                              Neutron Absorber Monitoring Program,’’                  White Flint North, Room O1–F21, 11555                  a determination by the presiding officer
                                              for WBN, Unit Nos. 1 and 2.                             Rockville Pike (First Floor), Rockville,               that the filing demonstrates good cause
                                                 The proposed change to TS 3.7.15 is                  Maryland 20852. If a petition is filed,                by satisfying the three factors in 10 CFR
                                              to revise the fuel storage limitations on               the Commission or a presiding officer                  2.309(c)(1)(i) through (iii). The petition
                                              fuel assemblies by eliminating the                      will rule on the petition and, if                      must be filed in accordance with the
                                              burnup-related criteria. The proposed                   appropriate, a notice of a hearing will be             filing instructions in the ‘‘Electronic
                                              change to TS 3.9.9 is to modify the                     issued.                                                Submissions (E-Filing)’’ section of this
                                              minimum fuel storage pool boron                            As required by 10 CFR 2.309(d) the                  document.
                                              concentration during refueling                          petition should specifically explain the                  If a hearing is requested, and the
                                              operations when fuel is stored in the                   reasons why intervention should be                     Commission has not made a final
                                              pool. The proposed change to TS 4.3 is                  permitted with particular reference to                 determination on the issue of no
                                              to replace the storage limitations on fuel              the following general requirements for                 significant hazards consideration, the
                                              assembly burnup and storage with a                      standing: (1) The name, address, and                   Commission will make a final
                                              single requirement to maintain a                        telephone number of the petitioner; (2)                determination on the issue of no
                                              specified boron concentration in the                    the nature of the petitioner’s right under             significant hazards consideration. The
                                              spent fuel pool. The proposed change                    the Act to be made a party to the                      final determination will serve to
                                              would add TS 3.7.18 to revise the                       proceeding; (3) the nature and extent of               establish when the hearing is held. If the
                                              minimum storage pool boron                              the petitioner’s property, financial, or               final determination is that the
                                              concentration when fuel is stored in the                other interest in the proceeding; and (4)              amendment request involves no
                                              pool. The proposed change would add                     the possible effect of any decision or                 significant hazards consideration, the
                                              a new program as TS 5.7.2.21 to monitor                 order which may be entered in the                      Commission may issue the amendment
                                              the condition of the neutron absorber                   proceeding on the petitioner’s interest.               and make it immediately effective,
                                              material used in the spent fuel pool                       In accordance with 10 CFR 2.309(f),                 notwithstanding the request for a
                                              storage racks to ensure it will continue                the petition must also set forth the                   hearing. Any hearing would take place
                                              to perform its assumed design functions.                specific contentions which the                         after issuance of the amendment. If the
                                                 These proposed changes will support                  petitioner seeks to have litigated in the              final determination is that the
                                              a planned increase in the TPBAR                         proceeding. Each contention must                       amendment request involves a
                                              inventory in the WBN, Unit 2 reactor                    consist of a specific statement of the                 significant hazards consideration, then
                                              core to support national security needs.                issue of law or fact to be raised or                   any hearing held would take place
                                                 Before any issuance of the proposed                  controverted. In addition, the petitioner              before the issuance of the amendment
                                              license amendments, the NRC will need                   must provide a brief explanation of the                unless the Commission finds an
                                              to make the findings required by the                    bases for the contention and a concise                 imminent danger to the health or safety
                                              Atomic Energy Act of 1954, as amended                   statement of the alleged facts or expert               of the public, in which case it will issue
                                              (the Act), and NRC’s regulations.                       opinion which support the contention                   an appropriate order or rule under 10
                                                 The amendments will not be issued                    and on which the petitioner intends to                 CFR part 2.
                                              prior to a hearing unless the staff makes               rely in proving the contention at the                     A State, local governmental body,
                                              a determination that the amendments                     hearing. The petitioner must also                      Federally-recognized Indian Tribe, or
                                              involve no significant hazards                          provide references to the specific                     agency thereof, may submit a petition to
                                              considerations. If a request for a hearing              sources and documents on which the                     the Commission to participate as a party
                                              is received, the NRC’s staff may issue                  petitioner intends to rely to support its              under 10 CFR 2.309(h)(1). The petition
                                              the amendments after it completes its                   position on the issue. The petition must               should state the nature and extent of the
                                              technical review and prior to the                       include sufficient information to show                 petitioner’s interest in the proceeding.
                                              completion of any required hearing if it                that a genuine dispute exists with the                 The petition should be submitted to the
                                              publishes a further notice for public                   applicant or licensee on a material issue              Commission no later than 60 days from
                                              comment of its proposed finding of no                   of law or fact. Contentions must be                    the date of publication of this notice.
                                              significant hazards consideration in                    limited to matters within the scope of                 The petition must be filed in accordance
                                              accordance with 10 CFR 50.91 and                        the proceeding. The contention must be                 with the filing instructions in the
                                              50.92.                                                  one which, if proven, would entitle the                ‘‘Electronic Submissions (E-Filing)’’
                                                                                                      petitioner to relief. A petitioner who                 section of this document, and should
                                              II. Opportunity To Request a Hearing
                                                                                                      fails to satisfy the requirements at 10                meet the requirements for petitions set
                                              and Petition for Leave To Intervene
                                                                                                      CFR 2.309(f) with respect to at least one              forth in this section, except that under
                                                 Within 60 days after the date of                     contention will not be permitted to                    10 CFR 2.309(h)(2) a State, local
                                              publication of this notice, any persons                 participate as a party.                                governmental body, or Federally-
                                              (petitioner) whose interest may be                         Those permitted to intervene become                 recognized Indian Tribe, or agency
                                              affected by this action may file a request              parties to the proceeding, subject to any              thereof does not need to address the
                                              for a hearing and petition for leave to                 limitations in the order granting leave to             standing requirements in 10 CFR
                                              intervene (petition) with respect to the                intervene. Parties have the opportunity                2.309(d) if the facility is located within
                                              action. Petitions shall be filed in                     to participate fully in the conduct of the             its boundaries. Alternatively, a State,
                                              accordance with the Commission’s                        hearing with respect to resolution of                  local governmental body, Federally-
                                              ‘‘Agency Rules of Practice and                          that party’s admitted contentions,                     recognized Indian Tribe, or agency
                                              Procedure’’ in 10 CFR part 2. Interested                including the opportunity to present                   thereof may participate as a non-party
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                                              persons should consult a current copy                   evidence, consistent with the NRC’s                    under 10 CFR 2.315(c).
                                              of 10 CFR 2.309. The NRC’s regulations                  regulations, policies, and procedures.                    If a hearing is granted, any person
                                              are accessible electronically from the                     Petitions must be filed no later than               who is not a party to the proceeding and
                                              NRC Library on the NRC’s website at                     60 days from the date of publication of                is not affiliated with or represented by
                                              http://www.nrc.gov/reading-rm/doc-                      this notice. Petitions and motions for                 a party may, at the discretion of the
                                              collections/cfr/. Alternatively, a copy of              leave to file new or amended                           presiding officer, be permitted to make
                                              the regulations is available at the NRC’s               contentions that are filed after the                   a limited appearance pursuant to the


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                                                                               Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices                                             26711

                                              provisions of 10 CFR 2.315(a). A person                    Information about applying for a                    (2) courier, express mail, or expedited
                                              making a limited appearance may make                    digital ID certificate is available on the             delivery service to the Office of the
                                              an oral or written statement of his or her              NRC’s public website at http://                        Secretary, 11555 Rockville Pike,
                                              position on the issues but may not                      www.nrc.gov/site-help/e-submittals/                    Rockville, Maryland 20852, Attention:
                                              otherwise participate in the proceeding.                getting-started.html. Once a participant               Rulemaking and Adjudications Staff.
                                              A limited appearance may be made at                     has obtained a digital ID certificate and              Participants filing adjudicatory
                                              any session of the hearing or at any                    a docket has been created, the                         documents in this manner are
                                              prehearing conference, subject to the                   participant can then submit                            responsible for serving the document on
                                              limits and conditions as may be                         adjudicatory documents. Submissions                    all other participants. Filing is
                                              imposed by the presiding officer. Details               must be in Portable Document Format                    considered complete by first-class mail
                                              regarding the opportunity to make a                     (PDF). Additional guidance on PDF                      as of the time of deposit in the mail, or
                                              limited appearance will be provided by                  submissions is available on the NRC’s                  by courier, express mail, or expedited
                                              the presiding officer if such sessions are              public website at http://www.nrc.gov/                  delivery service upon depositing the
                                              scheduled.                                              site-help/electronic-sub-ref-mat.html. A               document with the provider of the
                                                                                                      filing is considered complete at the time              service. A presiding officer, having
                                              III. Electronic Submissions (E-Filing)                  the document is submitted through the                  granted an exemption request from
                                                 All documents filed in NRC                           NRC’s E-Filing system. To be timely, an                using E-Filing, may require a participant
                                              adjudicatory proceedings, including a                   electronic filing must be submitted to                 or party to use E-Filing if the presiding
                                              request for hearing and petition for                    the E-Filing system no later than 11:59                officer subsequently determines that the
                                              leave to intervene (petition), any motion               p.m. Eastern Time on the due date.                     reason for granting the exemption from
                                              or other document filed in the                          Upon receipt of a transmission, the E-                 use of E-Filing no longer exists.
                                              proceeding prior to the submission of a                 Filing system time-stamps the document                    Documents submitted in adjudicatory
                                              request for hearing or petition to                      and sends the submitter an email notice                proceedings will appear in the NRC’s
                                              intervene, and documents filed by                       confirming receipt of the document. The                electronic hearing docket which is
                                              interested governmental entities that                   E-Filing system also distributes an email              available to the public at https://
                                              request to participate under 10 CFR                     notice that provides access to the                     adams.nrc.gov/ehd, unless excluded
                                              2.315(c), must be filed in accordance                   document to the NRC’s Office of the                    pursuant to an order of the Commission
                                              with the NRC’s E-Filing rule (72 FR                     General Counsel and any others who                     or the presiding officer. If you do not
                                              49139; August 28, 2007, as amended at                   have advised the Office of the Secretary               have an NRC-issued digital ID certificate
                                              77 FR 46562; August 3, 2012). The E-                    that they wish to participate in the                   as described above, click cancel when
                                              Filing process requires participants to                 proceeding, so that the filer need not                 the link requests certificates and you
                                              submit and serve all adjudicatory                       serve the document on those                            will be automatically directed to the
                                              documents over the internet, or in some                 participants separately. Therefore,                    NRC’s electronic hearing dockets where
                                              cases to mail copies on electronic                      applicants and other participants (or                  you will be able to access any publicly
                                              storage media. Detailed guidance on                     their counsel or representative) must                  available documents in a particular
                                              making electronic submissions may be                    apply for and receive a digital ID                     hearing docket. Participants are
                                              found in the Guidance for Electronic                    certificate before adjudicatory                        requested not to include personal
                                              Submissions to the NRC and on the NRC                   documents are filed so that they can                   privacy information, such as social
                                              website at http://www.nrc.gov/site-help/                obtain access to the documents via the                 security numbers, home addresses, or
                                              e-submittals.html. Participants may not                 E-Filing system.                                       personal phone numbers in their filings,
                                                                                                         A person filing electronically using
                                              submit paper copies of their filings                                                                           unless an NRC regulation or other law
                                                                                                      the NRC’s adjudicatory E-Filing system
                                              unless they seek an exemption in                                                                               requires submission of such
                                                                                                      may seek assistance by contacting the
                                              accordance with the procedures                                                                                 information. For example, in some
                                                                                                      NRC’s Electronic Filing Help Desk
                                              described below.                                        through the ‘‘Contact Us’’ link located                instances, individuals provide home
                                                 To comply with the procedural                        on the NRC’s public website at http://                 addresses in order to demonstrate
                                              requirements of E-Filing, at least 10                   www.nrc.gov/site-help/e-                               proximity to a facility or site. With
                                              days prior to the filing deadline, the                  submittals.html, by email to                           respect to copyrighted works, except for
                                              participant should contact the Office of                MSHD.Resource@nrc.gov, or by a toll-                   limited excerpts that serve the purpose
                                              the Secretary by email at                               free call at 1–866–672–7640. The NRC                   of the adjudicatory filings and would
                                              hearing.docket@nrc.gov, or by telephone                 Electronic Filing Help Desk is available               constitute a Fair Use application,
                                              at 301–415–1677, to (1) request a digital               between 9 a.m. and 6 p.m., Eastern                     participants are requested not to include
                                              identification (ID) certificate, which                  Time, Monday through Friday,                           copyrighted materials in their
                                              allows the participant (or its counsel or               excluding government holidays.                         submission.
                                              representative) to digitally sign                          Participants who believe that they                     For further details with respect to this
                                              submissions and access the E-Filing                     have a good cause for not submitting                   action, see the application for license
                                              system for any proceeding in which it                   documents electronically must file an                  amendment dated December 20, 2017
                                              is participating; and (2) advise the                    exemption request, in accordance with                  (ADAMS Accession No. ML17354B282),
                                              Secretary that the participant will be                  10 CFR 2.302(g), with their initial paper              as supplemented on February 15 and
                                              submitting a petition or other                          filing stating why there is good cause for             April 9, 2018 (ADAMS Accession Nos.
                                              adjudicatory document (even in                          not filing electronically and requesting               ML18047A181 and ML18100A953,
                                              instances in which the participant, or its              authorization to continue to submit                    respectively). This amendment request
amozie on DSK3GDR082PROD with NOTICES1




                                              counsel or representative, already holds                documents in paper format. Such filings                contains SUNSI.
                                              an NRC-issued digital ID certificate).                  must be submitted by: (1) First class                     Attorney for licensee: General
                                              Based upon this information, the                        mail addressed to the Office of the                    Counsel, Tennessee Valley Authority,
                                              Secretary will establish an electronic                  Secretary of the Commission, U.S.                      400 West Summit Hill Drive, 6A West
                                              docket for the hearing in this proceeding               Nuclear Regulatory Commission,                         Tower, Knoxville, Tennessee 37902.
                                              if the Secretary has not already                        Washington, DC 20555–0001, Attention:                     NRC Acting Branch Chief: Brian
                                              established an electronic docket.                       Rulemaking and Adjudications Staff; or                 Tindell.


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                                              26712                            Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices

                                              Order Imposing Procedures for Access                    proceeding. In particular, the request                  has been appointed, the Chief
                                              to Sensitive Unclassified Non-                          must explain why publicly available                     Administrative Judge, or if he or she is
                                              Safeguards Information for Contention                   versions of the information requested                   unavailable, another administrative
                                              Preparation                                             would not be sufficient to provide the                  judge, or an Administrative Law Judge
                                                 A. This Order contains instructions                  basis and specificity for a proffered                   with jurisdiction pursuant to 10 CFR
                                              regarding how potential parties to this                 contention.                                             2.318(a); or (c) if another officer has
                                                                                                         D. Based on an evaluation of the                     been designated to rule on information
                                              proceeding may request access to
                                                                                                      information submitted under paragraph                   access issues, with that officer.
                                              documents containing Sensitive
                                                                                                      C.(3) the NRC staff will determine
                                              Unclassified Non-Safeguards                                                                                        (3) Further appeals of decisions under
                                                                                                      within 10 days of receipt of the request
                                              Information (SUNSI).                                                                                            this paragraph must be made pursuant
                                                                                                      whether:
                                                 B. Within 10 days after publication of                  (1) There is a reasonable basis to                   to 10 CFR 2.311.
                                              this notice of hearing and opportunity to               believe the petitioner is likely to                        H. Review of Grants of Access. A
                                              petition for leave to intervene, any                    establish standing to participate in this               party other than the requester may
                                              potential party who believes access to                  NRC proceeding; and                                     challenge an NRC staff determination
                                              SUNSI is necessary to respond to this                      (2) The requestor has established a                  granting access to SUNSI whose release
                                              notice may request access to SUNSI. A                   legitimate need for access to SUNSI.                    would harm that party’s interest
                                              ‘‘potential party’’ is any person who                      E. If the NRC staff determines that the              independent of the proceeding. Such a
                                              intends to participate as a party by                    requestor satisfies both D.(1) and D.(2)                challenge must be filed within 5 days of
                                              demonstrating standing and filing an                    above, the NRC staff will notify the                    the notification by the NRC staff of its
                                              admissible contention under 10 CFR                      requestor in writing that access to                     grant of access and must be filed with:
                                              2.309. Requests for access to SUNSI                     SUNSI has been granted. The written                     (a) The presiding officer designated in
                                              submitted later than 10 days after                      notification will contain instructions on               this proceeding; (b) if no presiding
                                              publication of this notice will not be                  how the requestor may obtain copies of                  officer has been appointed, the Chief
                                              considered absent a showing of good                     the requested documents, and any other                  Administrative Judge, or if he or she is
                                              cause for the late filing, addressing why               conditions that may apply to access to
                                              the request could not have been filed                                                                           unavailable, another administrative
                                                                                                      those documents. These conditions may                   judge, or an Administrative Law Judge
                                              earlier.                                                include, but are not limited to, the
                                                 C. The requester shall submit a letter                                                                       with jurisdiction pursuant to 10 CFR
                                                                                                      signing of a Non-Disclosure Agreement                   2.318(a); or (c) if another officer has
                                              requesting permission to access SUNSI                   or Affidavit, or Protective Order 2 setting
                                              to the Office of the Secretary, U.S.                                                                            been designated to rule on information
                                                                                                      forth terms and conditions to prevent                   access issues, with that officer.
                                              Nuclear Regulatory Commission,                          the unauthorized or inadvertent
                                              Washington, DC 20555–0001, Attention:                   disclosure of SUNSI by each individual                     If challenges to the NRC staff
                                              Rulemakings and Adjudications Staff,                    who will be granted access to SUNSI.                    determinations are filed, these
                                              and provide a copy to the Associate                        F. Filing of Contentions. Any                        procedures give way to the normal
                                              General Counsel for Hearings,                           contentions in these proceedings that                   process for litigating disputes
                                              Enforcement and Administration, Office                  are based upon the information received                 concerning access to information. The
                                              of the General Counsel, U.S. Nuclear                    as a result of the request made for                     availability of interlocutory review by
                                              Regulatory Commission, Washington,                      SUNSI must be filed by the requestor no                 the Commission of orders ruling on
                                              DC 20555–0001. The expedited delivery                   later than 25 days after receipt of (or                 such NRC staff determinations (whether
                                              or courier mail address for both offices                access to) that information. However, if                granting or denying access) is governed
                                              is: U.S. Nuclear Regulatory Commission,                 more than 25 days remain between the                    by 10 CFR 2.311.3
                                              11555 Rockville Pike, Rockville,                        petitioner’s receipt of (or access to) the                 I. The Commission expects that the
                                              Maryland 20852. The email address for                   information and the deadline for filing                 NRC staff and presiding officers (and
                                              the Office of the Secretary and the                     all other contentions (as established in                any other reviewing officers) will
                                              Office of the General Counsel are                       the notice of hearing or opportunity for                consider and resolve requests for access
                                              Hearing.Docket@nrc.gov and                              hearing), the petitioner may file its                   to SUNSI, and motions for protective
                                              OGCmailcenter@nrc.gov, respectively.1                   SUNSI contentions by that later                         orders, in a timely fashion in order to
                                              The request must include the following                  deadline.                                               minimize any unnecessary delays in
                                              information:                                               G. Review of Denials of Access.                      identifying those petitioners who have
                                                 (1) A description of the licensing                      (1) If the request for access to SUNSI               standing and who have propounded
                                              action with a citation to this Federal                  is denied by the NRC staff after a                      contentions meeting the specificity and
                                              Register notice;                                        determination on standing and requisite
                                                                                                                                                              basis requirements in 10 CFR part 2.
                                                 (2) The name and address of the                      need, the NRC staff shall immediately
                                                                                                                                                              The attachment to this Order
                                              potential party and a description of the                notify the requestor in writing, briefly
                                                                                                                                                              summarizes the general target schedule
                                              potential party’s particularized interest               stating the reason or reasons for the
                                                                                                                                                              for processing and resolving requests
                                              that could be harmed by the action                      denial.
                                                                                                         (2) The requester may challenge the                  under these procedures.
                                              identified in C.(1); and
                                                 (3) The identity of the individual or                NRC staff’s adverse determination by                       It is so ordered.
                                              entity requesting access to SUNSI and                   filing a challenge within 5 days of                       Dated at Rockville, Maryland, this 4th of
                                              the requester’s basis for the need for the              receipt of that determination with: (a)                 June, 2018.
                                              information in order to meaningfully                    The presiding officer designated in this
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                                              participate in this adjudicatory                        proceeding; (b) if no presiding officer                   3 Requesters should note that the filing

                                                                                                                                                              requirements of the NRC’s E-Filing Rule (72 FR
                                                 1 While a request for hearing or petition to           2 Any motion for Protective Order or draft Non-       49139; August 28, 2007, as amended at 77 FR
                                              intervene in this proceeding must comply with the       Disclosure Affidavit or Agreement for SUNSI must        46562; August 3, 2012) apply to appeals of NRC
                                              filing requirements of the NRC’s ‘‘E-Filing Rule,’’     be filed with the presiding officer or the Chief        staff determinations (because they must be served
                                              the initial request to access SUNSI under these         Administrative Judge if the presiding officer has not   on a presiding officer or the Commission, as
                                              procedures should be submitted as described in this     yet been designated, within 30 days of the deadline     applicable), but not to the initial SUNSI request
                                              paragraph.                                              for the receipt of the written access request.          submitted to the NRC staff under these procedures.



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                                                                                     Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices                                             26713

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



                                              [FR Doc. 2018–12327 Filed 6–7–18; 8:45 am]          Submit comments
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                                              BILLING CODE 7590–01–P                 electronically via the Commission’s                                           the competitive product list, or the
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                                                                                     comments electronically should contact                                        dominant or the competitive product
                                              POSTAL REGULATORY COMMISSION           the person identified in the FOR FURTHER                                      list.
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                                              [Docket Nos. CP2015–80; CP2017–259;    telephone for advice on filing                                                number(s) associated with each Postal
                                              MC2018–158 and CP2018–228; MC2018–159 alternatives.                                                                  Service request, the title of each Postal
                                              and CP2018–229; MC2018–160 and CP2018–
                                              230; MC2018–161 and CP2018–231]        FOR FURTHER INFORMATION CONTACT:                                              Service request, the request’s acceptance
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                                              New Postal Products                    202–789–6820.                                                                 Postal Service for each request. For each
                                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   request, the Commission appoints an
                                              AGENCY: Postal Regulatory Commission.                                                                                officer of the Commission to represent
                                              ACTION: Notice.                        Table of Contents                                                             the interests of the general public in the
                                                                                                            I. Introduction                                        proceeding, pursuant to 39 U.S.C. 505
                                              SUMMARY:   The Commission is noticing a                       II. Docketed Proceeding(s)                             (Public Representative). Section II also
                                              recent Postal Service filing for the                                                                                 establishes comment deadline(s)
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                                              Commission’s consideration concerning                         I. Introduction                                        pertaining to each request.
                                              negotiated service agreements. This                              The Commission gives notice that the                   The public portions of the Postal
                                              notice informs the public of the filing,                      Postal Service has filed request(s) for the            Service’s request(s) can be accessed via
                                              invites public comment, and takes other                       Commission to consider matters related                 the Commission’s website (http://
                                              administrative steps.                                         to negotiated service agreement(s). The                www.prc.gov). Non-public portions of
                                              DATES: Comments are due: June 12,                             requests(s) may propose the addition or                the Postal Service’s request(s), if any,
                                              2018.                                                         removal of a negotiated service                        can be accessed through compliance


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Document Created: 2018-06-08 01:23:04
Document Modified: 2018-06-08 01:23:04
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 application; opportunity to request a hearing and to petition for leave to intervene; order imposing procedures.
DatesA request for a hearing or petition for leave to intervene must be filed by August 7, 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 June 18, 2018.
ContactJohn G. Lamb, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3100, email: [email protected]
FR Citation83 FR 26709 

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