83_FR_38884 83 FR 38732 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

83 FR 38732 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 152 (August 7, 2018)

Page Range38732-38738
FR Document2018-14915

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of one amendment request. The amendment request is for Millstone Power Station, Unit No. 3. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. Because each amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation.

Federal Register, Volume 83 Issue 152 (Tuesday, August 7, 2018)
[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Pages 38732-38738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14915]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0139]


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

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of one amendment request. The amendment request is 
for Millstone Power Station, Unit No. 3. For each amendment request, 
the NRC proposes to determine that they involve no significant hazards 
consideration. Because each amendment request contains sensitive 
unclassified non-safeguards information (SUNSI), an order imposes 
procedures to obtain access to SUNSI for contention preparation.

DATES: Comments must be filed by September 6, 2018. A request for a 
hearing must be filed by October 9, 2018. Any potential party as 
defined in Sec.  2.4 of title 10 of the Code of Federal Regulations (10 
CFR), who believes access to SUNSI is necessary to respond to this 
notice must request document access by August 17, 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-2018-0139. 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: Paula Blechman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2242; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0139, facility name, unit 
number(s), plant docket number, application date, and subject when 
contacting the NRC about the availability of information for this 
action. You may obtain publicly-available information related to this 
action by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0139.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2018-0139, facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should

[[Page 38733]]

inform those persons not to include identifying or contact information 
that they do not want to be publicly disclosed in their comment 
submission. Your request should state that the NRC does not routinely 
edit comment submissions to remove such information before making the 
comment submissions available to the public or entering the comment 
into ADAMS.

II. Background

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

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

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

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

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

[[Page 38734]]

significant hazards consideration, then any hearing held would take 
place before the issuance of the amendment unless the Commission finds 
an imminent danger to the health or safety of the public, in which case 
it will issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section, 
except that under 10 CFR 2.309(h)(2) a State, local governmental body, 
or Federally-recognized Indian Tribe, or agency thereof does not need 
to address the standing requirements in 10 CFR 2.309(d) if the facility 
is located within its boundaries. Alternatively, a State, local 
governmental body, Federally-recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate

[[Page 38735]]

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.

Dominion Energy Nuclear Connecticut, Inc. (DENC), Docket No. 50-423, 
Millstone Power Station, Unit No. 3 (MPS3), New London County, 
Connecticut

    Date of amendment request: May 3, 2018. A publicly-available 
version is in ADAMS under Accession No. ML18128A049.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the MPS3 Technical Specifications (TSs). DENC 
performed a criticality safety evaluation for fuel assembly storage in 
the MPS3 spent fuel pool (SFP) storage racks and new fuel storage racks 
to support the proposed TS changes using a new methodology. 
Specifically, the proposed amendment would revise the MPS3 TSs 
supporting changes to the operation and administration of the SFP to 
(1) modify storage requirements in TSs 1.40, 1.41, 3/4.9.13 and 3/
4.9.14, including updates to surveillance requirements for storing fuel 
assemblies and TS Figures detailing storage patterns and minimum fuel 
burnup versus fuel enrichment; (2) eliminate the requirement for cell 
blockers in Region 1 fuel storage racks; (3) modify SFP soluble boron 
requirements in 3/4.9.1.2; and (4) modify the description of SFP 
criticality control in TS 5.6.1.1.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed change will not affect plant equipment or 
structure, including the SFP, NFSR [new fuel storage racks], or fuel 
handling equipment, including how the equipment is operated and 
maintained. There are no changes to the equipment for fuel handling 
or how fuel assemblies are handled, including how fuel assemblies 
are inserted into and removed from SFP and NFSR storage locations. 
There is no change to administrative means to verify correct fuel 
assembly storage in the SFP, or the required response to a fuel 
assembly misload or drop event. There are no changes to how RCCAs 
[rod cluster control assemblies] will be handled, including how 
RCCAs are inserted into or removed from a fuel assembly or other 
location such as a SFP storage location. Also, since the proposed 
change does not modify plant equipment or its operation and 
maintenance, including equipment used to maintain SFP soluble boron 
levels, the proposed change will not impact a boron dilution event 
or plant response to it.
    The criticality safety evaluation concluded that the NFSR 
limiting accident is the fully flooded condition with each storage 
location loaded with a maximum reactivity fuel assembly. The NFSR 
maintains [k-effective] keff <= 0.95 for this postulated 
scenario including uncertainties and biases. The NFSR also maintains 
keff <= 0.98 for the optimum moderation scenario 
including uncertainties and biases. Thus, the consequences of a 
previously evaluated NFSR related accident is not significantly 
increased. There is no change to the plant equipment or its 
operation and maintenance due to the proposed change. Thus, the 
probability of a flooding accident that could impact the NFSR is not 
significantly increased.
    Regarding the SFP, the Region 1 storage configuration will 
change. The Region 2 and 3 burnup curves will be updated and reduced 
in number. The process of choosing fuel assembly storage locations 
will not change, except that the Region 1 storage configuration and 
Region 2 and 3 burnup requirements will be updated, and fuel 
assemblies containing RCCAs may be stored in Region 2 without 
consideration of the burnup curve. The physical handling, insertion, 
removal, and storage of fuel assemblies in SFP racks will not 
change. The MPS3 program for choosing fuel assembly storage 
locations, for fuel handling, and for assuring that the fuel 
assemblies are placed into correct locations will remain in place. 
Thus, the probability of a fuel assembly misloading or a fuel 
assembly drop in the SFP will not significantly increase due to the 
proposed change.
    Several postulated accidents for the SFP were reviewed for the 
proposed change which included postulated fuel assembly misload and 
drop scenarios. The criticality safety evaluation for the SFP 
concluded that the limiting accident, which bounds the other 
scenarios, is a multiple misload of fuel assemblies into each Region 
2 fuel storage location. The criticality safety evaluation concluded 
that a SFP soluble boron concentration of 2600 ppm [part per 
million] will maintain keff <= 0.95, including 
uncertainties and biases, for this postulated scenario. The minimum 
TS soluble boron concentration will be increased from 800 ppm to 
2600 ppm. MPS3 has maintained SFP soluble boron concentration 
greater than 2600 ppm for many years, so the proposed change will 
not affect the routine maintaining of the boron concentration.
    There are no changes to plant equipment, including its operation 
and maintenance, as a result of the proposed change, including 
equipment associated with maintaining SFP soluble boron 
concentration or possible flow paths that could contribute to a 
boron dilution event. Thus, no new avenues for a boron dilution 
event will be created. There is no change regarding how the plant 
maintains boron concentration or responds to a boron dilution event. 
The criticality safety evaluation for the postulated boron dilution 
event shows the SFP maintains keff <= 0.95 at 600 ppm 
soluble boron. Thus, there is no significant increase in the 
probability or consequences of a boron dilution accident.
    The MPS3 SFP is currently licensed to store 1860 fuel assemblies 
which include a Region 2 rack that has not been placed in the SFP 
(TS 5.6.3).
    Thus, the SFP seismic/structural loading requirements for the 
proposed change are bounded by the existing TS. The criticality 
safety evaluation shows that keff will be maintained <= 
0.95 during a postulated seismic event. Thus, there is no increase 
in the consequences of a seismic event.
    In each of the above scenarios the proposed change does not 
significantly increase the probability of an accident previously 
evaluated, and maintains required keff margin. Therefore, 
it is concluded that the probability or consequences of a previously 
evaluated accident do not significantly increase.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    There is no change to any plant equipment, including how 
equipment is operated and maintained. There will be no changes to 
equipment used to handle fuel assemblies (or any heavy load) over 
the NFSR or the SFP.
    There is no change regarding how the fuel assemblies are stored, 
inserted into, and removed from fuel storage locations. There is no 
change to how RCCAs will be inserted into or removed from a fuel 
assembly or other location, or otherwise how RCCAs are handled. 
Thus, there are no new accidents created over and above the existing 
postulated accidents of a fuel misload or a fuel assembly drop in 
the SFP or a flooding event in the NFSR area.
    Also, since there is no change to the plant equipment or how 
equipment is operated and

[[Page 38736]]

maintained, the probability of a new type of accident that could 
impact the SFP or NFSR is not significantly increased.
    The criticality safety evaluation for the first time at MPS3 
specifically analyzes a boron dilution event. However, the overall 
accident analyzed is the potential for a SFP criticality, and the 
boron dilution event is another potential initiator of the 
postulated SFP criticality accident. Also, the possibility of a SFP 
boron dilution event has always existed at MPS3 and the proposed 
change does not newly create or change the possibility of such an 
event occurring.
    The criticality safety evaluation for the first time at MPS3 
specifically analyzes a multiple fuel misload event. As with the 
postulated boron dilution event, the possibility of a multiple fuel 
assembly misload has always existed at MPS3 and the proposed change 
does not newly create or change the possibility of such an event 
occurring. Also, this postulated event was analyzed for the MPS2 
spent fuel pool criticality LAR [license amendment request] which 
the NRC approved in June 2016 [Reference 3 of the application dated 
May 3, 2018].
    Since the proposed change will not change fuel/RCCA handling 
equipment or how fuel assemblies and RCCAs are handled and stored, 
nor will it change any other plant equipment, there is no mechanism 
for creating a new or different kind of accident not previously 
evaluated. Therefore, the proposed change does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed change involve a significant reduction in 
the margin of safety?
    Response: No.
    The proposed change does not involve a significant reduction in 
a margin of safety.
    The licensing requirement for the SFP is that keff 
remain <= 0.95 under normal and postulated accident conditions with 
credit for soluble boron. The criticality safety evaluation 
concluded that this requirement is met for the bounding postulated 
accident of a multiple misload of fuel assemblies into each Region 2 
fuel storage location. The analyses apply to all of the fuel 
assemblies currently stored in the MPS3 SFP and to future 
anticipated fuel designs.
    In addition, the criticality safety evaluation concludes that 
the SFP will maintain keff < 1.0 with 0 ppm soluble boron 
in the SFP under normal conditions with the maximum allowed 
reactivity fuel assembly stored in each fuel storage location.
    The criticality safety evaluation also allows the following 
storage configurations. In each case the storage configuration does 
not increase reactivity assuring that keff margin is 
maintained:
     Storing non-fuel components in any spent fuel rack 
storage location where fuel assemblies are allowed
     Storing non-fuel components in the guide tubes of any 
fuel assembly.
    The criticality safety evaluation evaluated non-standard fuel 
stored in the MPS3 to determine where they can be stored in the SFP. 
This information is used to maintain keff margin when 
storing non standard fuel assemblies.
    The licensing requirement for the NFSR is that keff 
remain <= 0.95 for the fully flooded scenario, and <= 0.98 for the 
optimum moderation scenario.
    The criticality safety evaluation concludes that these 
requirements are met assuming each fuel storage location is loaded 
with a maximum reactivity fuel assembly (5.0 wt% U-235 enrichment 
with no burnable poisons).
    Therefore, all the margins of safety are maintained, and the 
proposed change does not involve a significant reduction in a margin 
of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Lillian M. Cuoco, Senior Counsel, Dominion 
Energy, Inc., 120 Tredegar Street, RS-2, Richmond, Virginia 23219.
    NRC Branch Chief: James G. Danna.

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

Dominion Energy Nuclear Connecticut, Inc., Docket No. 50-423, Millstone 
Power Station, Unit No. 3, New London County, Connecticut

    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

[[Page 38737]]

disclosure of SUNSI by each individual who will be granted access to 
SUNSI.
---------------------------------------------------------------------------

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

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an Administrative Law Judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requester may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) The 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if he or 
she is unavailable, another administrative judge, or an Administrative 
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if 
another officer has been designated to rule on information access 
issues, with that officer.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether 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 6th of July 2018.

    For the Nuclear Regulatory Commission.
Russell E. Chazell,
Acting, 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.

[[Page 38738]]

 
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2018-14915 Filed 8-6-18; 8:45 am]
 BILLING CODE 7590-01-P



                                               38732                         Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices

                                               appropriate, limit its review to assessing              NUCLEAR REGULATORY                                    SUPPLEMENTARY INFORMATION     section of
                                               whether the application of the digital                  COMMISSION                                            this document.
                                               I&C modification falls within the                                                                             FOR FURTHER INFORMATION CONTACT:
                                               envelope of the topical report approval.                [NRC–2018–0139]                                       Paula Blechman, Office of Nuclear
                                               This ISG was developed based upon,                                                                            Reactor Regulation, U.S. Nuclear
                                               and is designed to work in concert with,                Applications and Amendments to                        Regulatory Commission, Washington DC
                                               established guidance. As a result, this                 Facility Operating Licenses and                       20555–0001; telephone: 301–415–2242;
                                               ISG references other guidance                           Combined Licenses Involving                           email: Paula.Blechman@nrc.gov.
                                               documents for review criteria.                          Proposed No Significant Hazards                       SUPPLEMENTARY INFORMATION:
                                                                                                       Considerations and Containing
                                                 The NRC staff performs evaluations of                 Sensitive Unclassified Non-Safeguards                 I. Obtaining Information and
                                               proposed digital I&C equipment to                       Information and Order Imposing                        Submitting Comments
                                               ensure equipment will perform required                  Procedures for Access to Sensitive                    A. Obtaining Information
                                               functions. These evaluations use the                    Unclassified Non-Safeguards
                                               guidance in the Standard Review Plan,                   Information                                              Please refer to Docket ID NRC–2018–
                                               Chapter 7, and other associated                                                                               0139, facility name, unit number(s),
                                               guidance. When a license amendment is                   AGENCY:  Nuclear Regulatory                           plant docket number, application date,
                                               required, licensees are obligated to                    Commission.                                           and subject when contacting the NRC
                                               provide a description of the licensing                  ACTION: License amendment request;                    about the availability of information for
                                               basis functions of digital I&C equipment                notice of opportunity to comment,                     this action. You may obtain publicly-
                                               and include a description of the                        request a hearing, and petition for leave             available information related to this
                                                                                                       to intervene; order imposing                          action by any of the following methods:
                                               equipment that implements the
                                                                                                       procedures.                                              • Federal Rulemaking Website: Go to
                                               functions. Additionally, licensees                                                                            http://www.regulations.gov and search
                                               identify those parts of the licensing                   SUMMARY:   The U.S. Nuclear Regulatory                for Docket ID NRC–2018–0139.
                                               basis being updated as a result of the                  Commission (NRC) received and is                         • NRC’s Agencywide Documents
                                               proposed change.                                        considering approval of one amendment                 Access and Management System
                                                 The NRC staff review processes                        request. The amendment request is for                 (ADAMS): You may obtain publicly-
                                               include activities for evaluating                       Millstone Power Station, Unit No. 3. For              available documents online in the
                                               documentation of plans and processes                    each amendment request, the NRC                       ADAMS Public Documents collection at
                                               which are used to support system                        proposes to determine that they involve               http://www.nrc.gov/reading-rm/
                                               development activities and their                        no significant hazards consideration.                 adams.html. To begin the search, select
                                               outcomes.                                               Because each amendment request                        ‘‘ADAMS Public Documents’’ and then
                                                                                                       contains sensitive unclassified non-                  select ‘‘Begin Web-based ADAMS
                                                 The Standard Review Plan, Appendix                                                                          Search.’’ For problems with ADAMS,
                                                                                                       safeguards information (SUNSI), an
                                               7.0–A, and Branch Technical Position                                                                          please contact the NRC’s Public
                                                                                                       order imposes procedures to obtain
                                               7–14, guide the NRC staff in performing                 access to SUNSI for contention                        Document Room (PDR) reference staff at
                                               reviews of digital systems in support of                preparation.                                          1–800–397–4209, 301–415–4737, or by
                                               safety evaluations. For reviews using the                                                                     email to pdr.resource@nrc.gov. The
                                               Alternate Process as defined in the ISG,                DATES:  Comments must be filed by
                                                                                                                                                             ADAMS accession number for each
                                               the ISG provides additional guidance for                September 6, 2018. A request for a
                                                                                                                                                             document referenced (if it is available in
                                               performing early stage reviews of digital               hearing must be filed by October 9,
                                                                                                                                                             ADAMS) is provided the first time that
                                               safety-related systems in support of                    2018. Any potential party as defined in
                                                                                                                                                             it is mentioned in this document.
                                               safety evaluations. The NRC staff may                   § 2.4 of title 10 of the Code of Federal                 • NRC’s PDR: You may examine and
                                                                                                       Regulations (10 CFR), who believes                    purchase copies of public documents at
                                               review the system design and
                                                                                                       access to SUNSI is necessary to respond               the NRC’s PDR, Room O1–F21, One
                                               development process to support a
                                                                                                       to this notice must request document                  White Flint North, 11555 Rockville
                                               determination that the design meets                     access by August 17, 2018.
                                               regulatory requirements and that in                                                                           Pike, Rockville, Maryland 20852.
                                                                                                       ADDRESSES: You may submit comments
                                               safety-related applications in nuclear                                                                        B. Submitting Comments
                                                                                                       by any of the following methods:
                                               power plants, the process is of sufficient
                                                                                                         • Federal Rulemaking Website: Go to                   Please include Docket ID NRC–2018–
                                               high quality to produce systems and
                                                                                                       http://www.regulations.gov and search                 0139, facility name, unit number(s),
                                               software suitable for use.                              for Docket ID NRC–2018–0139. Address                  plant docket number, application date,
                                                 Dated at Rockville, Maryland, this 1st day            questions about NRC dockets to Jennifer               and subject in your comment
                                               of August 2018.                                         Borges; telephone: 301–287–9127;                      submission.
                                                 For the Nuclear Regulatory Commission.                email: Jennifer.Borges@nrc.gov. For                     The NRC cautions you not to include
                                               Eric J. Benner,                                         technical questions, contact the                      identifying or contact information that
                                                                                                       individual listed in the FOR FURTHER                  you do not want to be publicly
                                               Director, Division of Engineering, Office of
                                                                                                       INFORMATION CONTACT section of this                   disclosed in your comment submission.
                                               Nuclear Reactor Regulation.
                                                                                                       document.                                             The NRC will post all comment
                                               [FR Doc. 2018–16810 Filed 8–6–18; 8:45 am]
                                                                                                         • Mail comments to: May Ma, Office                  submissions at http://
                                               BILLING CODE 7590–01–P
                                                                                                       of Administration, Mail Stop: TWFN–7–                 www.regulations.gov as well as enter the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       A60M, U.S. Nuclear Regulatory                         comment submissions into ADAMS.
                                                                                                       Commission, Washington, DC 20555–                     The NRC does not routinely edit
                                                                                                       0001.                                                 comment submissions to remove
                                                                                                         For additional direction on obtaining               identifying or contact information.
                                                                                                       information and submitting comments,                    If you are requesting or aggregating
                                                                                                       see ‘‘Obtaining Information and                       comments from other persons for
                                                                                                       Submitting Comments’’ in the                          submission to the NRC, then you should


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                                                                             Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices                                           38733

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


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                                               38734                         Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices

                                               significant hazards consideration, then                 49139; August 28, 2007, as amended at                 that they wish to participate in the
                                               any hearing held would take place                       77 FR 46562; August 3, 2012). The E-                  proceeding, so that the filer need not
                                               before the issuance of the amendment                    Filing process requires participants to               serve the document on those
                                               unless the Commission finds an                          submit and serve all adjudicatory                     participants separately. Therefore,
                                               imminent danger to the health or safety                 documents over the internet, or in some               applicants and other participants (or
                                               of the public, in which case it will issue              cases to mail copies on electronic                    their counsel or representative) must
                                               an appropriate order or rule under 10                   storage media. Detailed guidance on                   apply for and receive a digital ID
                                               CFR part 2.                                             making electronic submissions may be                  certificate before adjudicatory
                                                  A State, local governmental body,                    found in the Guidance for Electronic                  documents are filed so that they can
                                               Federally-recognized Indian Tribe, or                   Submissions to the NRC and on the NRC                 obtain access to the documents via the
                                               agency thereof, may submit a petition to                website at http://www.nrc.gov/site-help/              E-Filing system.
                                               the Commission to participate as a party                e-submittals.html. Participants may not                  A person filing electronically using
                                               under 10 CFR 2.309(h)(1). The petition                  submit paper copies of their filings                  the NRC’s adjudicatory E-Filing system
                                               should state the nature and extent of the               unless they seek an exemption in                      may seek assistance by contacting the
                                               petitioner’s interest in the proceeding.                accordance with the procedures                        NRC’s Electronic Filing Help Desk
                                               The petition should be submitted to the                 described below.                                      through the ‘‘Contact Us’’ link located
                                               Commission no later than 60 days from                      To comply with the procedural                      on the NRC’s public website at http://
                                               the date of publication of this notice.                 requirements of E-Filing, at least 10                 www.nrc.gov/site-help/e-
                                               The petition must be filed in accordance                days prior to the filing deadline, the                submittals.html, by email to
                                               with the filing instructions in the                     participant should contact the Office of              MSHD.Resource@nrc.gov, or by a toll-
                                               ‘‘Electronic Submissions (E-Filing)’’                   the Secretary by email at                             free call at 1–866–672–7640. The NRC
                                               section of this document, and should                    hearing.docket@nrc.gov, or by telephone               Electronic Filing Help Desk is available
                                               meet the requirements for petitions set                 at 301–415–1677, to (1) request a digital             between 9 a.m. and 6 p.m., Eastern
                                               forth in this section, except that under                identification (ID) certificate, which                Time, Monday through Friday,
                                               10 CFR 2.309(h)(2) a State, local                       allows the participant (or its counsel or             excluding government holidays.
                                               governmental body, or Federally-                        representative) to digitally sign                        Participants who believe that they
                                               recognized Indian Tribe, or agency                      submissions and access the E-Filing                   have a good cause for not submitting
                                               thereof does not need to address the                    system for any proceeding in which it                 documents electronically must file an
                                               standing requirements in 10 CFR                         is participating; and (2) advise the                  exemption request, in accordance with
                                               2.309(d) if the facility is located within              Secretary that the participant will be                10 CFR 2.302(g), with their initial paper
                                               its boundaries. Alternatively, a State,                 submitting a petition or other                        filing stating why there is good cause for
                                               local governmental body, Federally-                     adjudicatory document (even in                        not filing electronically and requesting
                                               recognized Indian Tribe, or agency                      instances in which the participant, or its            authorization to continue to submit
                                               thereof may participate as a non-party                  counsel or representative, already holds              documents in paper format. Such filings
                                               under 10 CFR 2.315(c).                                  an NRC-issued digital ID certificate).                must be submitted by: (1) First class
                                                  If a hearing is granted, any person                  Based upon this information, the                      mail addressed to the Office of the
                                               who is not a party to the proceeding and                Secretary will establish an electronic                Secretary of the Commission, U.S.
                                               is not affiliated with or represented by                docket for the hearing in this proceeding             Nuclear Regulatory Commission,
                                               a party may, at the discretion of the                   if the Secretary has not already                      Washington, DC 20555–0001, Attention:
                                               presiding officer, be permitted to make                 established an electronic docket.                     Rulemaking and Adjudications Staff; or
                                               a limited appearance pursuant to the                       Information about applying for a                   (2) courier, express mail, or expedited
                                               provisions of 10 CFR 2.315(a). A person                 digital ID certificate is available on the            delivery service to the Office of the
                                               making a limited appearance may make                    NRC’s public website at http://                       Secretary, 11555 Rockville Pike,
                                               an oral or written statement of his or her              www.nrc.gov/site-help/e-submittals/                   Rockville, Maryland 20852, Attention:
                                               position on the issues but may not                      getting-started.html. Once a participant              Rulemaking and Adjudications Staff.
                                               otherwise participate in the proceeding.                has obtained a digital ID certificate and             Participants filing adjudicatory
                                               A limited appearance may be made at                     a docket has been created, the                        documents in this manner are
                                               any session of the hearing or at any                    participant can then submit                           responsible for serving the document on
                                               prehearing conference, subject to the                   adjudicatory documents. Submissions                   all other participants. Filing is
                                               limits and conditions as may be                         must be in Portable Document Format                   considered complete by first-class mail
                                               imposed by the presiding officer. Details               (PDF). Additional guidance on PDF                     as of the time of deposit in the mail, or
                                               regarding the opportunity to make a                     submissions is available on the NRC’s                 by courier, express mail, or expedited
                                               limited appearance will be provided by                  public website at http://www.nrc.gov/                 delivery service upon depositing the
                                               the presiding officer if such sessions are              site-help/electronic-sub-ref-mat.html. A              document with the provider of the
                                               scheduled.                                              filing is considered complete at the time             service. A presiding officer, having
                                                                                                       the document is submitted through the                 granted an exemption request from
                                               B. Electronic Submissions (E-Filing)                    NRC’s E-Filing system. To be timely, an               using E-Filing, may require a participant
                                                 All documents filed in NRC                            electronic filing must be submitted to                or party to use E-Filing if the presiding
                                               adjudicatory proceedings, including a                   the E-Filing system no later than 11:59               officer subsequently determines that the
                                               request for hearing and petition for                    p.m. Eastern Time on the due date.                    reason for granting the exemption from
                                               leave to intervene (petition), any motion               Upon receipt of a transmission, the E-                use of E-Filing no longer exists.
                                               or other document filed in the                          Filing system time-stamps the document                   Documents submitted in adjudicatory
daltland on DSKBBV9HB2PROD with NOTICES




                                               proceeding prior to the submission of a                 and sends the submitter an email notice               proceedings will appear in the NRC’s
                                               request for hearing or petition to                      confirming receipt of the document. The               electronic hearing docket which is
                                               intervene, and documents filed by                       E-Filing system also distributes an email             available to the public at https://
                                               interested governmental entities that                   notice that provides access to the                    adams.nrc.gov/ehd, unless excluded
                                               request to participate under 10 CFR                     document to the NRC’s Office of the                   pursuant to an order of the Commission
                                               2.315(c), must be filed in accordance                   General Counsel and any others who                    or the presiding officer. If you do not
                                               with the NRC’s E-Filing rule (72 FR                     have advised the Office of the Secretary              have an NRC-issued digital ID certificate


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                                                                             Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices                                              38735

                                               as described above, click cancel when                      1. Does the proposed change involve a              the limiting accident, which bounds the
                                               the link requests certificates and you                  significant increase in the probability or            other scenarios, is a multiple misload of fuel
                                               will be automatically directed to the                   consequences of an accident previously                assemblies into each Region 2 fuel storage
                                                                                                       evaluated?                                            location. The criticality safety evaluation
                                               NRC’s electronic hearing dockets where                                                                        concluded that a SFP soluble boron
                                                                                                          Response: No.
                                               you will be able to access any publicly                    The proposed change does not involve a             concentration of 2600 ppm [part per million]
                                               available documents in a particular                     significant increase in the probability or            will maintain keff ≤ 0.95, including
                                               hearing docket. Participants are                        consequences of an accident previously                uncertainties and biases, for this postulated
                                               requested not to include personal                       evaluated.                                            scenario. The minimum TS soluble boron
                                               privacy information, such as social                        The proposed change will not affect plant          concentration will be increased from 800
                                               security numbers, home addresses, or                    equipment or structure, including the SFP,            ppm to 2600 ppm. MPS3 has maintained SFP
                                                                                                       NFSR [new fuel storage racks], or fuel                soluble boron concentration greater than
                                               personal phone numbers in their filings,
                                                                                                       handling equipment, including how the                 2600 ppm for many years, so the proposed
                                               unless an NRC regulation or other law                                                                         change will not affect the routine
                                                                                                       equipment is operated and maintained. There
                                               requires submission of such                             are no changes to the equipment for fuel              maintaining of the boron concentration.
                                               information. For example, in some                       handling or how fuel assemblies are handled,             There are no changes to plant equipment,
                                               instances, individuals provide home                     including how fuel assemblies are inserted            including its operation and maintenance, as
                                               addresses in order to demonstrate                       into and removed from SFP and NFSR                    a result of the proposed change, including
                                               proximity to a facility or site. With                   storage locations. There is no change to              equipment associated with maintaining SFP
                                               respect to copyrighted works, except for                administrative means to verify correct fuel           soluble boron concentration or possible flow
                                                                                                       assembly storage in the SFP, or the required          paths that could contribute to a boron
                                               limited excerpts that serve the purpose                                                                       dilution event. Thus, no new avenues for a
                                                                                                       response to a fuel assembly misload or drop
                                               of the adjudicatory filings and would                                                                         boron dilution event will be created. There
                                                                                                       event. There are no changes to how RCCAs
                                               constitute a Fair Use application,                      [rod cluster control assemblies] will be              is no change regarding how the plant
                                               participants are requested not to include               handled, including how RCCAs are inserted             maintains boron concentration or responds to
                                               copyrighted materials in their                          into or removed from a fuel assembly or other         a boron dilution event. The criticality safety
                                               submission.                                             location such as a SFP storage location. Also,        evaluation for the postulated boron dilution
                                                                                                       since the proposed change does not modify             event shows the SFP maintains keff ≤ 0.95 at
                                               Dominion Energy Nuclear Connecticut,                    plant equipment or its operation and                  600 ppm soluble boron. Thus, there is no
                                               Inc. (DENC), Docket No. 50–423,                         maintenance, including equipment used to              significant increase in the probability or
                                               Millstone Power Station, Unit No. 3                     maintain SFP soluble boron levels, the                consequences of a boron dilution accident.
                                               (MPS3), New London County,                                                                                       The MPS3 SFP is currently licensed to
                                                                                                       proposed change will not impact a boron
                                                                                                                                                             store 1860 fuel assemblies which include a
                                               Connecticut                                             dilution event or plant response to it.
                                                                                                                                                             Region 2 rack that has not been placed in the
                                                                                                          The criticality safety evaluation concluded
                                                  Date of amendment request: May 3,                                                                          SFP (TS 5.6.3).
                                                                                                       that the NFSR limiting accident is the fully
                                               2018. A publicly-available version is in                                                                         Thus, the SFP seismic/structural loading
                                                                                                       flooded condition with each storage location
                                               ADAMS under Accession No.                                                                                     requirements for the proposed change are
                                                                                                       loaded with a maximum reactivity fuel                 bounded by the existing TS. The criticality
                                               ML18128A049.                                            assembly. The NFSR maintains [k-effective]            safety evaluation shows that keff will be
                                                  Description of amendment request:                    keff ≤ 0.95 for this postulated scenario              maintained ≤ 0.95 during a postulated
                                               This amendment request contains                         including uncertainties and biases. The               seismic event. Thus, there is no increase in
                                               sensitive unclassified non-safeguards                   NFSR also maintains keff ≤ 0.98 for the               the consequences of a seismic event.
                                                                                                       optimum moderation scenario including                    In each of the above scenarios the proposed
                                               information (SUNSI). The amendment                      uncertainties and biases. Thus, the
                                               would revise the MPS3 Technical                                                                               change does not significantly increase the
                                                                                                       consequences of a previously evaluated                probability of an accident previously
                                               Specifications (TSs). DENC performed a                  NFSR related accident is not significantly            evaluated, and maintains required keff
                                               criticality safety evaluation for fuel                  increased. There is no change to the plant            margin. Therefore, it is concluded that the
                                               assembly storage in the MPS3 spent fuel                 equipment or its operation and maintenance            probability or consequences of a previously
                                               pool (SFP) storage racks and new fuel                   due to the proposed change. Thus, the                 evaluated accident do not significantly
                                               storage racks to support the proposed                   probability of a flooding accident that could         increase.
                                               TS changes using a new methodology.                     impact the NFSR is not significantly                     2. Does the proposed change create the
                                               Specifically, the proposed amendment                    increased.                                            possibility of a new or different kind of
                                                                                                          Regarding the SFP, the Region 1 storage            accident from any accident previously
                                               would revise the MPS3 TSs supporting                    configuration will change. The Region 2 and
                                               changes to the operation and                                                                                  evaluated?
                                                                                                       3 burnup curves will be updated and reduced              Response: No.
                                               administration of the SFP to (1) modify                 in number. The process of choosing fuel                  The proposed change does not create the
                                               storage requirements in TSs 1.40, 1.41,                 assembly storage locations will not change,           possibility of a new or different kind of
                                               3/4.9.13 and 3/4.9.14, including updates                except that the Region 1 storage configuration        accident from any accident previously
                                               to surveillance requirements for storing                and Region 2 and 3 burnup requirements will           evaluated.
                                               fuel assemblies and TS Figures detailing                be updated, and fuel assemblies containing               There is no change to any plant equipment,
                                               storage patterns and minimum fuel                       RCCAs may be stored in Region 2 without               including how equipment is operated and
                                               burnup versus fuel enrichment; (2)                      consideration of the burnup curve. The                maintained. There will be no changes to
                                                                                                       physical handling, insertion, removal, and            equipment used to handle fuel assemblies (or
                                               eliminate the requirement for cell                      storage of fuel assemblies in SFP racks will          any heavy load) over the NFSR or the SFP.
                                               blockers in Region 1 fuel storage racks;                not change. The MPS3 program for choosing                There is no change regarding how the fuel
                                               (3) modify SFP soluble boron                            fuel assembly storage locations, for fuel             assemblies are stored, inserted into, and
                                               requirements in 3/4.9.1.2; and (4)                      handling, and for assuring that the fuel              removed from fuel storage locations. There is
                                               modify the description of SFP criticality               assemblies are placed into correct locations          no change to how RCCAs will be inserted
                                               control in TS 5.6.1.1.                                  will remain in place. Thus, the probability of        into or removed from a fuel assembly or other
daltland on DSKBBV9HB2PROD with NOTICES




                                                  Basis for proposed no significant                    a fuel assembly misloading or a fuel assembly         location, or otherwise how RCCAs are
                                               hazards consideration determination:                    drop in the SFP will not significantly                handled. Thus, there are no new accidents
                                                                                                       increase due to the proposed change.                  created over and above the existing
                                               As required by 10 CFR 50.91(a), the                        Several postulated accidents for the SFP           postulated accidents of a fuel misload or a
                                               licensee has provided its analysis of the               were reviewed for the proposed change                 fuel assembly drop in the SFP or a flooding
                                               issue of no significant hazards                         which included postulated fuel assembly               event in the NFSR area.
                                               consideration, which is presented                       misload and drop scenarios. The criticality              Also, since there is no change to the plant
                                               below:                                                  safety evaluation for the SFP concluded that          equipment or how equipment is operated and



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                                               38736                         Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices

                                               maintained, the probability of a new type of              The licensing requirement for the NFSR is           Regulatory Commission, Washington,
                                               accident that could impact the SFP or NFSR              that keff remain ≤ 0.95 for the fully flooded         DC 20555–0001. The expedited delivery
                                               is not significantly increased.                         scenario, and ≤ 0.98 for the optimum                  or courier mail address for both offices
                                                  The criticality safety evaluation for the first      moderation scenario.                                  is: U.S. Nuclear Regulatory Commission,
                                               time at MPS3 specifically analyzes a boron                The criticality safety evaluation concludes
                                               dilution event. However, the overall accident           that these requirements are met assuming
                                                                                                                                                             11555 Rockville Pike, Rockville,
                                               analyzed is the potential for a SFP criticality,        each fuel storage location is loaded with a           Maryland 20852. The email address for
                                               and the boron dilution event is another                 maximum reactivity fuel assembly (5.0 wt%             the Office of the Secretary and the
                                               potential initiator of the postulated SFP               U–235 enrichment with no burnable                     Office of the General Counsel are
                                               criticality accident. Also, the possibility of a        poisons).                                             Hearing.Docket@nrc.gov and
                                               SFP boron dilution event has always existed               Therefore, all the margins of safety are            OGCmailcenter@nrc.gov, respectively.1
                                               at MPS3 and the proposed change does not                maintained, and the proposed change does              The request must include the following
                                               newly create or change the possibility of such          not involve a significant reduction in a              information:
                                               an event occurring.                                     margin of safety.
                                                  The criticality safety evaluation for the first                                                               (1) A description of the licensing
                                               time at MPS3 specifically analyzes a multiple              The NRC staff has reviewed the                     action with a citation to this Federal
                                               fuel misload event. As with the postulated              licensee’s analysis and, based on this                Register notice;
                                               boron dilution event, the possibility of a              review, it appears that the three                        (2) The name and address of the
                                               multiple fuel assembly misload has always               standards of 10 CFR 50.92(c) are                      potential party and a description of the
                                               existed at MPS3 and the proposed change                 satisfied. Therefore, the NRC staff                   potential party’s particularized interest
                                               does not newly create or change the                     proposes to determine that the                        that could be harmed by the action
                                               possibility of such an event occurring. Also,           amendment request involves no
                                               this postulated event was analyzed for the
                                                                                                                                                             identified in C.(1); and
                                               MPS2 spent fuel pool criticality LAR [license
                                                                                                       significant hazards consideration.                       (3) The identity of the individual or
                                               amendment request] which the NRC                           Attorney for licensee: Lillian M.                  entity requesting access to SUNSI and
                                               approved in June 2016 [Reference 3 of the               Cuoco, Senior Counsel, Dominion                       the requester’s basis for the need for the
                                               application dated May 3, 2018].                         Energy, Inc., 120 Tredegar Street, RS–2,              information in order to meaningfully
                                                  Since the proposed change will not change            Richmond, Virginia 23219.                             participate in this adjudicatory
                                               fuel/RCCA handling equipment or how fuel                   NRC Branch Chief: James G. Danna.                  proceeding. In particular, the request
                                               assemblies and RCCAs are handled and                                                                          must explain why publicly available
                                               stored, nor will it change any other plant              Order Imposing Procedures for Access
                                                                                                       to Sensitive Unclassified Non-                        versions of the information requested
                                               equipment, there is no mechanism for
                                               creating a new or different kind of accident            Safeguards Information for Contention                 would not be sufficient to provide the
                                               not previously evaluated. Therefore, the                Preparation                                           basis and specificity for a proffered
                                               proposed change does not create the                                                                           contention.
                                               possibility of a new or different kind of               Dominion Energy Nuclear Connecticut,                     D. Based on an evaluation of the
                                               accident from any accident previously                   Inc., Docket No. 50–423, Millstone                    information submitted under paragraph
                                               evaluated.                                              Power Station, Unit No. 3, New London                 C.(3) the NRC staff will determine
                                                  3. Does the proposed change involve a                County, Connecticut                                   within 10 days of receipt of the request
                                               significant reduction in the margin of safety?                                                                whether:
                                                  Response: No.
                                                                                                          A. This Order contains instructions
                                                  The proposed change does not involve a               regarding how potential parties to this                  (1) There is a reasonable basis to
                                               significant reduction in a margin of safety.            proceeding may request access to                      believe the petitioner is likely to
                                                  The licensing requirement for the SFP is             documents containing Sensitive                        establish standing to participate in this
                                               that keff remain ≤ 0.95 under normal and                Unclassified Non-Safeguards                           NRC proceeding; and
                                               postulated accident conditions with credit              Information (SUNSI).                                     (2) The requestor has established a
                                               for soluble boron. The criticality safety                  B. Within 10 days after publication of             legitimate need for access to SUNSI.
                                               evaluation concluded that this requirement is           this notice of hearing and opportunity to                E. If the NRC staff determines that the
                                               met for the bounding postulated accident of             petition for leave to intervene, any                  requestor satisfies both D.(1) and D.(2)
                                               a multiple misload of fuel assemblies into                                                                    above, the NRC staff will notify the
                                                                                                       potential party who believes access to
                                               each Region 2 fuel storage location. The
                                               analyses apply to all of the fuel assemblies            SUNSI is necessary to respond to this                 requestor in writing that access to
                                               currently stored in the MPS3 SFP and to                 notice may request access to SUNSI. A                 SUNSI has been granted. The written
                                               future anticipated fuel designs.                        ‘‘potential party’’ is any person who                 notification will contain instructions on
                                                  In addition, the criticality safety evaluation       intends to participate as a party by                  how the requestor may obtain copies of
                                               concludes that the SFP will maintain keff <             demonstrating standing and filing an                  the requested documents, and any other
                                               1.0 with 0 ppm soluble boron in the SFP                 admissible contention under 10 CFR                    conditions that may apply to access to
                                               under normal conditions with the maximum                2.309. Requests for access to SUNSI                   those documents. These conditions may
                                               allowed reactivity fuel assembly stored in              submitted later than 10 days after                    include, but are not limited to, the
                                               each fuel storage location.                                                                                   signing of a Non-Disclosure Agreement
                                                                                                       publication of this notice will not be
                                                  The criticality safety evaluation also allows
                                               the following storage configurations. In each           considered absent a showing of good                   or Affidavit, or Protective Order 2 setting
                                               case the storage configuration does not                 cause for the late filing, addressing why             forth terms and conditions to prevent
                                               increase reactivity assuring that keff margin is        the request could not have been filed                 the unauthorized or inadvertent
                                               maintained:                                             earlier.
                                                  • Storing non-fuel components in any                    C. The requester shall submit a letter                1 While a request for hearing or petition to

                                               spent fuel rack storage location where fuel             requesting permission to access SUNSI                 intervene in this proceeding must comply with the
                                               assemblies are allowed                                  to the Office of the Secretary, U.S.                  filing requirements of the NRC’s ‘‘E-Filing Rule,’’
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                                                  • Storing non-fuel components in the                 Nuclear Regulatory Commission,
                                                                                                                                                             the initial request to access SUNSI under these
                                               guide tubes of any fuel assembly.                                                                             procedures should be submitted as described in this
                                                                                                       Washington, DC 20555–0001, Attention:                 paragraph.
                                                  The criticality safety evaluation evaluated
                                               non-standard fuel stored in the MPS3 to
                                                                                                       Rulemakings and Adjudications Staff,                     2 Any motion for Protective Order or draft Non-

                                                                                                       and provide a copy to the Associate                   Disclosure Affidavit or Agreement for SUNSI must
                                               determine where they can be stored in the                                                                     be filed with the presiding officer or the Chief
                                               SFP. This information is used to maintain keff          General Counsel for Hearings,                         Administrative Judge if the presiding officer has not
                                               margin when storing non standard fuel                   Enforcement and Administration, Office                yet been designated, within 30 days of the deadline
                                               assemblies.                                             of the General Counsel, U.S. Nuclear                  for the receipt of the written access request.



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                                                                                   Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices                                                  38737

                                               disclosure of SUNSI by each individual                        unavailable, another administrative                   availability of interlocutory review by
                                               who will be granted access to SUNSI.                          judge, or an Administrative Law Judge                 the Commission of orders ruling on
                                                  F. Filing of Contentions. Any                              with jurisdiction pursuant to 10 CFR                  such NRC staff determinations (whether
                                               contentions in these proceedings that                         2.318(a); or (c) if another officer has               granting or denying access) is governed
                                               are based upon the information received                       been designated to rule on information                by 10 CFR 2.311.3
                                               as a result of the request made for                           access issues, with that officer.                       I. The Commission expects that the
                                               SUNSI must be filed by the requestor no                          (3) Further appeals of decisions under
                                                                                                                                                                   NRC staff and presiding officers (and
                                               later than 25 days after receipt of (or                       this paragraph must be made pursuant
                                                                                                                                                                   any other reviewing officers) will
                                               access to) that information. However, if                      to 10 CFR 2.311.
                                                                                                                                                                   consider and resolve requests for access
                                               more than 25 days remain between the                             H. Review of Grants of Access. A
                                                                                                                                                                   to SUNSI, and motions for protective
                                               petitioner’s receipt of (or access to) the                    party other than the requester may
                                                                                                                                                                   orders, in a timely fashion in order to
                                               information and the deadline for filing                       challenge an NRC staff determination
                                                                                                                                                                   minimize any unnecessary delays in
                                               all other contentions (as established in                      granting access to SUNSI whose release
                                                                                                                                                                   identifying those petitioners who have
                                               the notice of hearing or opportunity for                      would harm that party’s interest
                                                                                                                                                                   standing and who have propounded
                                               hearing), the petitioner may file its                         independent of the proceeding. Such a
                                                                                                                                                                   contentions meeting the specificity and
                                               SUNSI contentions by that later                               challenge must be filed within 5 days of
                                                                                                                                                                   basis requirements in 10 CFR part 2.
                                               deadline.                                                     the notification by the NRC staff of its
                                                                                                                                                                   The attachment to this Order
                                                  G. Review of Denials of Access.                            grant of access and must be filed with:
                                                  (1) If the request for access to SUNSI                                                                           summarizes the general target schedule
                                                                                                             (a) The presiding officer designated in
                                               is denied by the NRC staff after a                                                                                  for processing and resolving requests
                                                                                                             this proceeding; (b) if no presiding
                                               determination on standing and requisite                                                                             under these procedures.
                                                                                                             officer has been appointed, the Chief
                                               need, the NRC staff shall immediately                         Administrative Judge, or if he or she is                It is so ordered.
                                               notify the requestor in writing, briefly                      unavailable, another administrative                     Dated at Rockville, Maryland, this 6th of
                                               stating the reason or reasons for the                         judge, or an Administrative Law Judge                 July 2018.
                                               denial.                                                       with jurisdiction pursuant to 10 CFR                    For the Nuclear Regulatory Commission.
                                                  (2) The requester may challenge the                        2.318(a); or (c) if another officer has               Russell E. Chazell,
                                               NRC staff’s adverse determination by                          been designated to rule on information                Acting, Secretary of the Commission.
                                               filing a challenge within 5 days of                           access issues, with that officer.
                                               receipt of that determination with: (a)                          If challenges to the NRC staff                     Attachment 1—General Target
                                               The presiding officer designated in this                      determinations are filed, these                       Schedule for Processing and Resolving
                                               proceeding; (b) if no presiding officer                       procedures give way to the normal                     Requests for Access to Sensitive
                                               has been appointed, the Chief                                 process for litigating disputes                       Unclassified Non-Safeguards
                                               Administrative Judge, or if he or she is                      concerning access to information. The                 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
daltland on DSKBBV9HB2PROD with NOTICES




                                                                               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.

                                                 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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                                               38738                          Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices

                                                      Day                                                                             Event/activity

                                               >A + 60 .............   Decision on contention admission.



                                               [FR Doc. 2018–14915 Filed 8–6–18; 8:45 am]               proceeding, pursuant to 39 U.S.C. 505                 POSTAL SERVICE
                                               BILLING CODE 7590–01–P                                   (Public Representative). Section II also
                                                                                                        establishes comment deadline(s)                       Product Change—Priority Mail
                                                                                                        pertaining to each request.                           Negotiated Service Agreement
                                               POSTAL REGULATORY COMMISSION                               The public portions of the Postal                   AGENCY:     Postal ServiceTM.
                                                                                                        Service’s request(s) can be accessed via              ACTION:     Notice.
                                               [Docket Nos. CP2018–280; MC2018–202 and
                                               CP2018–281]                                              the Commission’s website (http://
                                                                                                        www.prc.gov). Non-public portions of                  SUMMARY:    The Postal Service gives
                                               New Postal Products                                      the Postal Service’s request(s), if any,              notice of filing a request with the Postal
                                                                                                        can be accessed through compliance                    Regulatory Commission to add a
                                               AGENCY:    Postal Regulatory Commission.                 with the requirements of 39 CFR                       domestic shipping services contract to
                                               ACTION:    Notice.                                       3007.40.                                              the list of Negotiated Service
                                                                                                                                                              Agreements in the Mail Classification
                                               SUMMARY:   The Commission is noticing a                    The Commission invites comments on                  Schedule’s Competitive Products List.
                                               recent Postal Service filing for the                     whether the Postal Service’s request(s)
                                                                                                                                                              DATES: Date of required notice: August
                                               Commission’s consideration concerning                    in the captioned docket(s) are consistent
                                                                                                                                                              7, 2018.
                                               negotiated service agreements. This                      with the policies of title 39. For
                                                                                                        request(s) that the Postal Service states             FOR FURTHER INFORMATION CONTACT:
                                               notice informs the public of the filing,                                                                       Elizabeth Reed, 202–268–3179.
                                               invites public comment, and takes other                  concern market dominant product(s),
                                                                                                        applicable statutory and regulatory                   SUPPLEMENTARY INFORMATION: The
                                               administrative steps.
                                                                                                        requirements include 39 U.S.C. 3622, 39               United States Postal Service® hereby
                                               DATES: Comments are due: August 9,                                                                             gives notice that, pursuant to 39 U.S.C.
                                                                                                        U.S.C. 3642, 39 CFR part 3010, and 39
                                               2018.                                                                                                          3642 and 3632(b)(3), on August 1, 2018,
                                                                                                        CFR part 3020, subpart B. For request(s)
                                               ADDRESSES:   Submit comments                             that the Postal Service states concern                it filed with the Postal Regulatory
                                               electronically via the Commission’s                      competitive product(s), applicable                    Commission a USPS Request to Add
                                               Filing Online system at http://                          statutory and regulatory requirements                 Priority Mail Contract 458 to
                                               www.prc.gov. Those who cannot submit                     include 39 U.S.C. 3632, 39 U.S.C. 3633,               Competitive Product List. Documents
                                               comments electronically should contact                   39 U.S.C. 3642, 39 CFR part 3015, and                 are available at www.prc.gov, Docket
                                               the person identified in the FOR FURTHER                 39 CFR part 3020, subpart B. Comment                  Nos. MC2018–202, CP2018–281.
                                               INFORMATION CONTACT section by                           deadline(s) for each request appear in                Elizabeth Reed,
                                               telephone for advice on filing                           section II.                                           Attorney, Corporate and Postal Business Law.
                                               alternatives.
                                                                                                        II. Docketed Proceeding(s)                            [FR Doc. 2018–16811 Filed 8–6–18; 8:45 am]
                                               FOR FURTHER INFORMATION CONTACT:                                                                               BILLING CODE 7710–12–P
                                               David A. Trissell, General Counsel, at                     1. Docket No(s).: CP2018–280; Filing
                                               202–789–6820.                                            Title: Notice of United States Postal
                                               SUPPLEMENTARY INFORMATION:                               Service of Filing a Functionally                      SECURITIES AND EXCHANGE
                                                                                                        Equivalent Global Expedited Package                   COMMISSION
                                               Table of Contents
                                                                                                        Services 7 Negotiated Service
                                                                                                                                                              [Release No. 34–83761; File No. SR–OCC–
                                               I. Introduction                                          Agreement and Application for Non-
                                               II. Docketed Proceeding(s)                                                                                     2017–809]
                                                                                                        Public Treatment of Materials Filed
                                               I. Introduction                                          Under Seal; Filing Acceptance Date:                   Self-Regulatory Organizations; The
                                                                                                        August 1, 2018; Filing Authority: 39 CFR              Options Clearing Corporation; Notice
                                                  The Commission gives notice that the                  3015.5; Public Representative:                        of Filing of Amendments No. 1 and 2
                                               Postal Service filed request(s) for the                  Christopher C. Mohr; Comments Due:                    To Advance Notice Concerning
                                               Commission to consider matters related                   August 9, 2018.                                       Enhanced and New Tools for Recovery
                                               to negotiated service agreement(s). The
                                                                                                          2. Docket No(s).: MC2018–202 and                    Scenarios
                                               request(s) may propose the addition or
                                               removal of a negotiated service                          CP2018–281; Filing Title: USPS Request
                                                                                                                                                              August 1, 2018.
                                               agreement from the market dominant or                    to Add Priority Mail Contract 458 to
                                                                                                                                                                 Pursuant to Section 806(e)(1) of Title
                                               the competitive product list, or the                     Competitive Product List and Notice of
                                                                                                                                                              VIII of the Dodd-Frank Wall Street
                                               modification of an existing product                      Filing Materials Under Seal; Filing
                                                                                                                                                              Reform and Consumer Protection Act,
                                               currently appearing on the market                        Acceptance Date: August 1, 2018; Filing
                                                                                                                                                              entitled Payment, Clearing and
                                               dominant or the competitive product                      Authority: 39 U.S.C. 3642, 39 CFR
                                                                                                                                                              Settlement Supervision Act of 2010
                                               list.                                                    3020.30 et seq., and 39 CFR 3015.5;
                                                                                                                                                              (‘‘Clearing Supervision Act’’) 1 and Rule
                                                  Section II identifies the docket                      Public Representative: Christopher C.
                                                                                                                                                              19b–4(n)(1)(i) of the Securities Exchange
                                               number(s) associated with each Postal                    Mohr; Comments Due: August 9, 2018.
                                                                                                                                                              Act of 1934 (‘‘Act’’),2 The Options
daltland on DSKBBV9HB2PROD with NOTICES




                                               Service request, the title of each Postal                  This notice will be published in the                Clearing Corporation (‘‘OCC’’) filed with
                                               Service request, the request’s acceptance                Federal Register.                                     the Securities and Exchange
                                               date, and the authority cited by the                                                                           Commission (‘‘Commission’’) an
                                                                                                        Stacy L. Ruble,
                                               Postal Service for each request. For each                                                                      advance notice concerning updates to
                                               request, the Commission appoints an                      Secretary.
                                               officer of the Commission to represent                   [FR Doc. 2018–16873 Filed 8–6–18; 8:45 am]              1 12   U.S.C. 5465(e)(1).
                                               the interests of the general public in the               BILLING CODE 7710–FW–P                                  2 17   CFR 240.19b–4(n)(1)(i).



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Document Created: 2018-11-06 10:38:45
Document Modified: 2018-11-06 10:38:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
DatesComments must be filed by September 6, 2018. A request for a hearing must be filed by October 9, 2018. Any potential party as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by August 17, 2018.
ContactPaula Blechman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-2242; email: [email protected]
FR Citation83 FR 38732 

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