83 FR 32691 - Exelon Generation Company, LLC; James A. FitzPatrick Nuclear Power Plant
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 135 (July 13, 2018)
Federal Register Volume 83, Issue 135 (July 13, 2018)
| Page Range | 32691-32696 | |
| FR Document | 2018-15009 |
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)] [Notices] [Pages 32691-32696] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15009] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-333; NRC-2018-0143] Exelon Generation Company, LLC; James A. FitzPatrick Nuclear Power Plant AGENCY: Nuclear Regulatory Commission. [[Page 32692]] ACTION: License amendment application; opportunity to comment, request a hearing, and to petition for leave to intervene; order imposing procedures. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Renewed Facility Operating License No. DPR- 59, issued to Exelon Generation Company, LLC, for operation of the James A. FitzPatrick Nuclear Power Plant (JAFNPP). The proposed amendment would revise Technical Specification (TS), TS 2.1.1, ``Reactor Core SLs [Safety Limits].'' For this amendment request, the NRC proposes to determine that it involves no significant hazards consideration. Because this amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation. DATES: Submit comments by August 13, 2018. Requests for a hearing or petition for leave to intervene must be filed by September 11, 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 July 23, 2018. ADDRESSES: You may submit comments by any of the following methods:Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0143. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287- 9127; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: May Ma, Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Tanya E. Hood, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1387, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2018-0143 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-2018-0143. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The application for amendment, dated May 17, 2018, is available in ADAMS under Accession No. ML18137A418. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2018-0143 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Introduction The NRC is considering issuance of an amendment to Renewed Facility Operating License No. DPR-59, issued to Exelon Generation Company, LLC, for operation of JAFNPP, located in Oswego, New York. The proposed amendment would revise TS 2.1.1, ``Reactor Core SLs [Safety Limits]'' to change Cycle 24 Safety Limit Minimum Critical Power Ratio (SLMCPR) numeric values resulting from SLMCPR analyses performed. Before any issuance of the proposed license amendment, 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 NRC has made a proposed determination that the license amendment request involves no significant hazards consideration. Under the NRC's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The derivation of the cycle specific Safety Limit Minimum Critical Power Ratios (SLMCPRs) for incorporation into the Technical Specifications (TS), and their use to determine cycle specific thermal limits, has been performed using the methodology discussed in NEDE-24011-P-A, ``General Electric Standard Application for Reactor Fuel,'' Revision 26. The basis of the SLMCPR calculation is to ensure that during normal operation and during abnormal operational transients, at least 99.9% of all fuel rods in the core do not experience transition boiling if the limit is not violated. The new SLMCPRs preserve the existing margin to transition boiling. The MCPR safety limit is reevaluated for each reload using NRC- approved methodologies. The analyses for JAFNPP, Cycle 24, have concluded that a tworecirculation loop MCPR safety limit of >=1.07, based on the application of Global Nuclear Fuel's NRC-approved MCPR safety limit methodology, will ensure that this acceptance criterion is met. For single recirculation loop operation, a MCPR safety limit of >= 1.09 also ensures that this acceptance criterion is met. The MCPR operating limits are presented and controlled in accordance with the JAFNPP Core Operating Limits Report (COLR). The requested TS changes do not involve any plant modifications or operational changes that could affect system reliability or [[Page 32693]] performance or that could affect the probability of operator error. The requested changes do not affect any postulated accident precursors, do not affect any accident mitigating systems, and do not introduce any new accident initiation mechanisms. Therefore, the proposed TS changes do not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The SLMCPR is a TS numerical value, calculated to ensure that during normal operation and during abnormal operational transients, at least 99.9% of all fuel rods in the core do not experience transition boiling if the limit is not violated. The new SLMCPRs are calculated using NRC-approved methodology discussed in NEDE-24011-P- A, ``General Electric Standard Application for Reactor Fuel,'' Revision 26. The proposed changes do not involve any new modes of operation, any changes to setpoints, or any plant modifications. The proposed revised MCPR safety limits have been shown to be acceptable for Cycle 24 operation. The core operating limits will continue to be developed using NRC-approved methods. The proposed MCPR safety limits or methods for establishing the core operating limits do not result in the creation of any new precursors to an accident. Therefore, this change does not create the possibility of a new or different kind of accident from any previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. There is no significant reduction in the margin of safety previously approved by the NRC as a result of the proposed change to the SLMCPRs. The new SLMCPRs are calculated using methodology discussed in NEDE-24011-P-A, ``General Electric Standard Application for Reactor Fuel,'' Revision 26. The SLMCPRs ensure that during normal operation and during abnormal operational transients, at least 99.9% of all fuel rods in the core do not experience transition boiling if the limit is not violated, thereby preserving the fuel cladding integrity. Therefore, the proposed TS changes do not involve a significant reduction in the margin of safety previously approved by the NRC. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves a no significant hazards consideration. The NRC is seeking public comments on this proposed determination that the license amendment request involves no significant hazards consideration. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60- day notice period if the Commission concludes the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final no significant hazards consideration determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. III. 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 [[Page 32694]] Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2. A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission no later than 60 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the ``Electronic Submissions (E-Filing)'' section of this document, and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or Federally-recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c). If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled. IV. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC- issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC's adjudicatory E- Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the ``Contact Us'' link located on the NRC's public website at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672- 7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. [[Page 32695]] 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 May 17, 2018. Attorney for licensee: Donald P. Ferraro, Assistant General Counsel, Exelon Generation Company, LLC, 200 Exelon Way, Suite 305, Kennett Square, PA 19348. NRC Branch Chief: James G. Danna. 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 [email protected] and [email protected], respectively.\1\ The request must include the following information: --------------------------------------------------------------------------- \1\ While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's ``E-Filing Rule,'' the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. --------------------------------------------------------------------------- (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order \2\ setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. --------------------------------------------------------------------------- \2\ Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. --------------------------------------------------------------------------- F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and requisite need, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. (3) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311. H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of access and must be filed with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another Administrative Judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has [[Page 32696]] been designated to rule on information access issues, with that officer. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.\3\ --------------------------------------------------------------------------- \3\ Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. --------------------------------------------------------------------------- I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated at Rockville, Maryland, this 10th of July 2018. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding ------------------------------------------------------------------------ Day Event/activity ------------------------------------------------------------------------ 0........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10....................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60....................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20....................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25....................... If NRC staff finds no ``need'' or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ``need'' for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30....................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40....................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non- Disclosure Affidavit. Deadline for applicant/ licensee to file Non-Disclosure Agreement for SUNSI. A........................ If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3.................... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28................... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline. A + 53................... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60................... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60.................. Decision on contention admission. ------------------------------------------------------------------------ [FR Doc. 2018-15009 Filed 7-12-18; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32691
I. Obtaining Information and submissions available to the public or backfit or as being inconsistent with
Submitting Comments entering the comment into ADAMS. issue finality provisions. If, in the
future, the NRC staff seeks to impose a
A. Obtaining Information II. Further Information
position in the SRP on holders of
Please refer to Docket ID NRC–2018– The NRC seeks public comment on already issued licenses in a manner that
0145 when contacting the NRC about the proposed draft section revision of does not provide issue finality as
the availability of information for this SRP Section BTP 5–3. The changes described in the applicable issue finality
action. You may obtain publicly- include incorporation of text describing provision, then the staff must make the
available information related to this NRC review of potential non- showing as set forth in the Backfit Rule
action by any of the following methods: conservatisms in BTP 5–3, Revision 2, or address the criteria for avoiding issue
• Federal Rulemaking Website: Go to Subsection B1.1; a reference to a finality as described in the applicable
http://www.regulations.gov and search memorandum describing the results of issue finality provision.
for Docket ID NRC–2018–0145. the NRC review of the potential non- 3. Backfitting and issue finality do
• NRC’s Agencywide Documents conservatisms; and numerous textual not—with limited exceptions not
Access and Management System updates to incorporate pressure- applicable here—protect current or
(ADAMS): You may obtain publicly- temperature limit reports, 10 CFR future applicants.
available documents online in the 50.61a, 10 CFR part 52, ‘‘Licenses, Applicants and potential applicants
ADAMS Public Documents collection at Certifications, and Approvals for are not, with certain exceptions,
http://www.nrc.gov/reading-rm/ Nuclear Power Plants,’’ clearer citations, protected by either the Backfit Rule or
adams.html. To begin the search, select and nozzle language. any issue finality provisions under 10
‘‘ADAMS Public Documents’’ and then Following NRC staff evaluation of CFR part 52. This is because neither the
select ‘‘Begin Web-based ADAMS public comments, the NRC intends to Backfit Rule nor the issue finality
Search.’’ For problems with ADAMS, finalize SRP Section BTP 5–3 in provisions under 10 CFR part 52—with
please contact the NRC’s Public ADAMS and post it on the NRC’s public certain exclusions discussed below—
Document Room (PDR) reference staff at website at http://www.nrc.gov/reading- were intended to apply to every NRC
1–800–397–4209, 301–415–4737, or by rm/doc-collections/nuregs/staff/sr0800/. action that substantially changes the
email to pdr.resource@nrc.gov. The draft The SRP is guidance for the NRC staff. expectations of current and future
revision and current revision to The SRP is not a substitute for the NRC applicants.
NUREG–0800, Section BTP 5–3, regulations, and compliance with the The exceptions to the general
‘‘Fracture Toughness Requirements’’ is SRP is not required. principle are applicable whenever an
available in ADAMS under Accession III. Backfitting and Issue Finality applicant references a 10 CFR part 52
No. ML18071A066 and ML070850035. license (e.g., an early site permit) and/
Issuance of this draft SRP section, if
The redline-strikeout version comparing or NRC regulatory approval (e.g., a
finalized, would not constitute
the draft revision 3 and the current design certification rule) with specified
backfitting as defined in 10 CFR 50.109,
version of revision 2 is available in issue finality provisions. The NRC staff
(the Backfit Rule) or otherwise be
ADAMS under Accession No. does not, at this time, intend to impose
inconsistent with the issue finality
ML18130A401. the positions represented in the draft
provisions in 10 CFR part 52. The NRC’s
• NRC’s PDR: You may examine and position is based upon the following
SRP in a manner that is inconsistent
purchase copies of public documents at with any issue finality provisions. If, in
considerations.
the NRC’s PDR, Room O1–F21, One 1. The draft SRP positions, if the future, the staff seeks to impose a
White Flint North, 11555 Rockville finalized, would not constitute position in the draft SRP in a manner
Pike, Rockville, Maryland 20852. backfitting, inasmuch as the SRP is which does not provide issue finality as
internal guidance to NRC staff directed described in the applicable issue finality
B. Submitting Comments provisions, then the staff must address
at the NRC staff with respect to their
Please include Docket ID NRC–2018– regulatory responsibilities. the criteria for avoiding issue finality as
0145 in your comment submission. The SRP provides internal guidance described in the applicable issue finality
The NRC cautions you not to include to the NRC staff on how to review an provision.
identifying or contact information that application for NRC regulatory approval Dated at Rockville, Maryland, this 10th day
you do not want to be publicly in the form of licensing. Changes in of July, 2018.
disclosed in your comment submission. internal staff guidance are not matters For the Nuclear Regulatory Commission.
The NRC will post all comment for which either nuclear power plant Jennivine K. Rankin,
submissions at http:// applicants or licensees are protected Acting Chief, Licensing Branch 3, Division
www.regulations.gov as well as enter the under either the Backfit Rule or the of Licensing, Siting, and Environmental
comment submissions into ADAMS. issue finality provisions of 10 CFR part Analysis, Office of New Reactors.
The NRC does not routinely edit 52. [FR Doc. 2018–15035 Filed 7–12–18; 8:45 am]
comment submissions to remove 2. The NRC staff has no intention to BILLING CODE 7590–01–P
identifying or contact information. impose the SRP positions on current
If you are requesting or aggregating licensees or already-issued regulatory
comments from other persons for approvals either now or in the future. NUCLEAR REGULATORY
submission to the NRC, then you should The NRC staff does not intend to COMMISSION
inform those persons not to include impose or apply the positions described
sradovich on DSK3GMQ082PROD with NOTICES
identifying or contact information that in the draft SRP to existing (already [Docket No. 50–333; NRC–2018–0143]
they do not want to be publicly issued) licenses and regulatory Exelon Generation Company, LLC;
disclosed in their comment submission. approvals. Hence, the issuance of a final James A. FitzPatrick Nuclear Power
Your request should state that the NRC SRP, even if considered guidance within Plant
does not routinely edit comment the purview of the issue finality
submissions to remove such information provisions in 10 CFR part 52, would not AGENCY:Nuclear Regulatory
before making the comment need to be evaluated as if it were a Commission.
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![32692 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
ACTION: License amendment application; I. Obtaining Information and operation of JAFNPP, located in
opportunity to comment, request a Submitting Comments Oswego, New York.
hearing, and to petition for leave to The proposed amendment would
A. Obtaining Information revise TS 2.1.1, ‘‘Reactor Core SLs
intervene; order imposing procedures.
Please refer to Docket ID NRC–2018– [Safety Limits]’’ to change Cycle 24
SUMMARY: The U.S. Nuclear Regulatory 0143 when contacting the NRC about Safety Limit Minimum Critical Power
the availability of information for this Ratio (SLMCPR) numeric values
Commission (NRC) is considering
action. You may obtain publicly- resulting from SLMCPR analyses
issuance of an amendment to Renewed
available information related to this performed.
Facility Operating License No. DPR–59,
action by any of the following methods: Before any issuance of the proposed
issued to Exelon Generation Company, • Federal Rulemaking Website: Go to license amendment, the NRC will need
LLC, for operation of the James A. http://www.regulations.gov and search to make the findings required by the
FitzPatrick Nuclear Power Plant for Docket ID NRC–2018–0143. Atomic Energy Act of 1954, as amended
(JAFNPP). The proposed amendment • NRC’s Agencywide Documents (the Act), and NRC’s regulations.
would revise Technical Specification Access and Management System The NRC has made a proposed
(TS), TS 2.1.1, ‘‘Reactor Core SLs [Safety (ADAMS): You may obtain publicly- determination that the license
Limits].’’ For this amendment request, available documents online in the amendment request involves no
the NRC proposes to determine that it ADAMS Public Documents collection at significant hazards consideration. Under
involves no significant hazards http://www.nrc.gov/reading-rm/ the NRC’s regulations in 10 CFR 50.92,
consideration. Because this amendment adams.html. To begin the search, select this means that operation of the facility
request contains sensitive unclassified ‘‘ADAMS Public Documents’’ and then in accordance with the proposed
non-safeguards information (SUNSI), an select ‘‘Begin Web-based ADAMS amendment would not (1) involve a
order imposes procedures to obtain Search.’’ For problems with ADAMS, significant increase in the probability or
access to SUNSI for contention please contact the NRC’s Public consequences of an accident previously
preparation. Document Room (PDR) reference staff at evaluated; or (2) create the possibility of
1–800–397–4209, 301–415–4737, or by a new or different kind of accident from
DATES: Submit comments by August 13, email to pdr.resource@nrc.gov. The any accident previously evaluated; or
2018. Requests for a hearing or petition application for amendment, dated May (3) involve a significant reduction in a
for leave to intervene must be filed by 17, 2018, is available in ADAMS under margin of safety. As required by 10 CFR
September 11, 2018. Any potential party Accession No. ML18137A418. 50.91(a), the licensee has provided its
as defined in § 2.4 of title 10 of the Code • NRC’s PDR: You may examine and analysis of the issue of no significant
of Federal Regulations (10 CFR), who purchase copies of public documents at hazards consideration, which is
believes access to SUNSI is necessary to the NRC’s PDR, Room O1–F21, One presented below:
respond to this notice must request White Flint North, 11555 Rockville 1. Does the proposed amendment involve
document access by July 23, 2018. Pike, Rockville, Maryland 20852. a significant increase in the probability or
B. Submitting Comments consequences of an accident previously
ADDRESSES: You may submit comments evaluated?
by any of the following methods: Please include Docket ID NRC–2018– Response: No.
• Federal Rulemaking Website: Go to 0143 in your comment submission. The derivation of the cycle specific Safety
http://www.regulations.gov and search The NRC cautions you not to include Limit Minimum Critical Power Ratios
identifying or contact information that (SLMCPRs) for incorporation into the
for Docket ID NRC–2018–0143. Address Technical Specifications (TS), and their use
you do not want to be publicly
questions about NRC dockets to Jennifer to determine cycle specific thermal limits,
disclosed in your comment submission.
Borges; telephone: 301–287–9127; has been performed using the methodology
The NRC will post all comment
email: Jennifer.Borges@nrc.gov. For discussed in NEDE–24011–P–A, ‘‘General
submissions at http:// Electric Standard Application for Reactor
technical questions, contact the www.regulations.gov as well as enter the
individual listed in the FOR FURTHER Fuel,’’ Revision 26.
comment submissions into ADAMS. The basis of the SLMCPR calculation is to
INFORMATION CONTACT section of this The NRC does not routinely edit ensure that during normal operation and
document. comment submissions to remove during abnormal operational transients, at
• Mail comments to: May Ma, Office identifying or contact information. least 99.9% of all fuel rods in the core do not
of Administration, Mail Stop: TWFN–7– If you are requesting or aggregating experience transition boiling if the limit is
A60M, U.S. Nuclear Regulatory comments from other persons for not violated. The new SLMCPRs preserve the
submission to the NRC, then you should existing margin to transition boiling.
Commission, Washington, DC 20555– The MCPR safety limit is reevaluated for
0001. inform those persons not to include each reload using NRC-approved
identifying or contact information that methodologies. The analyses for JAFNPP,
For additional direction on obtaining
they do not want to be publicly Cycle 24, have concluded that a
information and submitting comments,
disclosed in their comment submission. tworecirculation loop MCPR safety limit of
see ‘‘Obtaining Information and Your request should state that the NRC ≥1.07, based on the application of Global
Submitting Comments’’ in the does not routinely edit comment Nuclear Fuel’s NRC-approved MCPR safety
SUPPLEMENTARY INFORMATION section of limit methodology, will ensure that this
submissions to remove such information
this document. before making the comment acceptance criterion is met. For single
recirculation loop operation, a MCPR safety
sradovich on DSK3GMQ082PROD with NOTICES
FOR FURTHER INFORMATION CONTACT: submissions available to the public or
limit of ≥ 1.09 also ensures that this
Tanya E. Hood, Office of Nuclear entering the comment into ADAMS. acceptance criterion is met. The MCPR
Reactor Regulation, U.S. Nuclear II. Introduction operating limits are presented and controlled
Regulatory Commission, Washington DC in accordance with the JAFNPP Core
The NRC is considering issuance of an Operating Limits Report (COLR).
20555–0001; telephone: 301–415–1387,
amendment to Renewed Facility The requested TS changes do not involve
email: Tanya.Hood@nrc.gov.
Operating License No. DPR–59, issued any plant modifications or operational
SUPPLEMENTARY INFORMATION: to Exelon Generation Company, LLC, for changes that could affect system reliability or
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![32696 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
been designated to rule on information granting or denying access) is governed basis requirements in 10 CFR part 2.
access issues, with that officer. by 10 CFR 2.311.3 The attachment to this Order
I. The Commission expects that the summarizes the general target schedule
If challenges to the NRC staff
NRC staff and presiding officers (and for processing and resolving requests
determinations are filed, these
any other reviewing officers) will under these procedures.
procedures give way to the normal consider and resolve requests for access
process for litigating disputes It is so ordered.
to SUNSI, and motions for protective
concerning access to information. The orders, in a timely fashion in order to Dated at Rockville, Maryland, this 10th of
availability of interlocutory review by minimize any unnecessary delays in July 2018.
the Commission of orders ruling on identifying those petitioners who have For the Nuclear Regulatory Commission.
such NRC staff determinations (whether standing and who have propounded Annette L. Vietti-Cook,
contentions meeting the specificity and 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. 2018–15009 Filed 7–12–18; 8:45 am] SUMMARY: The U.S. Nuclear Regulatory SUP and any safety issues resolved. The
BILLING CODE 7590–01–P Commission (NRC) is issuing a renewed renewed license expires on November 9,
license to Kennecott Uranium Company 2024.
(KUC) for its Sweetwater Uranium DATES: The license referenced in this
NUCLEAR REGULATORY Project (SUP), located in Sweetwater document is available on July 6, 2018.
COMMISSION County, Wyoming, for Materials License ADDRESSES: Please refer to Docket ID
SUA–1350. The license authorizes KUC NRC–2018–0141 when contacting the
[Docket No. 40–8584; NRC–2018–0141] to possess uranium source and NRC about the availability of
byproduct material at the SUP. In information regarding this document.
Kennecott Uranium Company; addition, the license authorizes KUC to You may obtain publicly-available
Sweetwater Uranium Project operate its facilities as proposed in its information related to this document
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY: Nuclear Regulatory license renewal application, as using any of the following methods:
Commission. amended, and as prescribed in the • Federal Rulemaking Website: Go to
license, after a pre-operational http://www.regulations.gov and search
ACTION: License renewal; issuance.
inspection has been completed at the for Docket ID NRC–2018–0141. Address
3 Requesters should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI request
requirements of the NRC’s E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures.
49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as
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Document Created: 2018-07-13 01:04:27
Document Modified: 2018-07-13 01:04:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | License amendment application; opportunity to comment, request a hearing, and to petition for leave to intervene; order imposing procedures. | |
| Dates | Submit comments by August 13, 2018. Requests for a hearing or petition for leave to intervene must be filed by September 11, 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 July 23, 2018. | |
| Contact | Tanya E. Hood, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1387, email: [email protected] | |
| FR Citation | 83 FR 32691 |
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