83 FR 4285 - Florida Power & Light Company; Turkey Point Nuclear Generating Unit No. 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 20 (January 30, 2018)

Page Range		4285-4288
FR Document		2018-01636

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Renewed Facility Operating License No. DPR- 31, issued to Florida Power & Light Company, for operation of the Turkey Point Nuclear Generating Unit No. 3. The proposed amendment would revise the Turkey Point Technical Specifications (TS) to allow a one-time extension of the allowable outage time for the Unit 3 Containment Spray System from 72 hours to 14 days. The one-time extension of the allowable outage time is necessary to perform a planned modification of the 3A Containment Spray pump while at-power and would be valid during the remainder of the Unit 3 operating cycle, which ends in the fourth quarter of 2018.

Federal Register, Volume 83 Issue 20 (Tuesday, January 30, 2018)

[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4285-4288]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-01636]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-250; NRC-2018-0015]

Florida Power & Light Company; Turkey Point Nuclear Generating
Unit No. 3

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Renewed Facility Operating License No. DPR-
31, issued to Florida Power & Light Company, for operation of the
Turkey Point Nuclear Generating Unit No. 3. The proposed amendment
would revise the Turkey Point Technical Specifications (TS) to allow a
one-time extension of the allowable outage time for the Unit 3
Containment Spray System from 72 hours to 14 days. The one-time
extension of the allowable outage time is necessary to perform a
planned modification of the 3A Containment Spray pump while at-power
and would be valid during the remainder of the Unit 3 operating cycle,
which ends in the fourth quarter of 2018.

DATES: Submit comments by March 1, 2018. Requests for a hearing or
petition for leave to intervene must be filed by April 2, 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-2018-0015. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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: OWFN-2-A13, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michael Wentzel, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-6459, email: michael.wentzel@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2018-0015 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-2018-0015.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
License Amendment Request 256, One-Time Extension of 3A Containment
Spray Pump Completion Time is available in ADAMS under Accession No.
ML17353A492.
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-2018-0015 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:/
/

[[Page 4286]]

www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.

I. Introduction

The NRC is considering issuance of an amendment to Renewed Facility
Operating License No. DPR-31, issued to Florida Power & Light Company,
for operation of the Turkey Point Nuclear Generating Unit No. 3,
located in Miami-Dade County, Florida.
The proposed amendment would revise the Turkey Point TS to allow a
one-time extension of the allowable outage time for the Unit 3
Containment Spray System from 72 hours to 14 days. The one-time
extension of the allowable outage time is necessary to perform a
planned modification of the 3A Containment Spray pump while at-power
and would be valid during the remainder of the Unit 3 operating cycle,
which ends in the fourth quarter of 2018.
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in Sec. 50.92 of title 10 of the Code of Federal
Regulations (10 CFR), this means that operation of the facility in
accordance with the proposed amendment would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:

1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed license amendment modifies the Turkey Point TS by
extending the 3A Containment Spray Pump completion time from 72
hours to 14 days on a one-time basis. The proposed one-time
extension extends the unavailability of the 3A Containment Spray
Pump but otherwise does not alter the manner in which the
Containment Spray System is operated or maintained. Planned
maintenance is neither a precursor to an accident nor an accident
initiator. The additional time the 3A Containment Spray Pump will be
removed from service will not affect the ability of the Containment
Spray System to operate as designed since the system has no time-
dependent failure modes.
Therefore, facility operation in accordance with the proposed
changes would not involve a significant increase in the probability
or consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed license amendment modifies the Turkey Point TS by
extending the 3A Containment Spray Pump completion time from 72
hours to 14 days on a one-time basis. The proposed change does not
introduce new equipment, create new failure modes for existing
equipment, or create new limiting single failures. The proposed
amendment does not involve a physical alteration of any SSC
[structure, system, or component], or a change in the way any SSC is
operated or maintained. The proposed change does not involve
operation of any SSCs in a manner or configuration different from
that previously recognized or evaluated.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed license amendment modifies the Turkey Point TS by
extending the 3A Containment Spray Pump completion time from 72
hours to 14 days on a one-time basis. Extending the Completion Time
does not involve change[s to] any limit on accident consequences
specified in the Turkey Point license or applicable regulations,
does not modify how accidents are mitigated and does not involve a
change in a methodology. No limiting safety limits or limiting
safety settings are affected by the proposed change.
Therefore, operation of the facility in accordance with the
proposed change will not involve a significant reduction in the
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
license amendment request involves a no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period if circumstances change during the 30-day comment period such
that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. If the Commission takes action
prior to the expiration of either the comment period or the notice
period, it will publish in the Federal Register a notice of issuance.
If the Commission makes a final no significant hazards consideration
determination, any hearing will take place after issuance. The
Commission expects that the need to take this action will occur very
infrequently.

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

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

[[Page 4287]]

telephone number of the petitioner; (2) the nature of the petitioner's
right under the Act to be made a party to the proceeding; (3) the
nature and extent of the petitioner's property, financial, or other
interest in the proceeding; and (4) the possible effect of any decision
or order which may be entered in the proceeding on the petitioner's
interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective, notwithstanding the request for a hearing. Any
hearing would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of the amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 60 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local governmental body,
or federally recognized Indian Tribe, or agency thereof does not need
to address the standing requirements in 10 CFR 2.309(d) if the facility
is located within its boundaries. Alternatively, a State, local
governmental body, Federally-recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.

III. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562, August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit
paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time

[[Page 4288]]

the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at http://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated December 18, 2017.
Attorney for licensee: William S. Blair, Managing Attorney--
Nuclear, Florida Power & Light Company, 700 Universe Blvd., MS LAW/JB,
Juno Beach, FL 33408-0420.
NRC Branch Chief: Undine Shoop.

Dated at Rockville, Maryland, this 23rd day of January 2018.

For the Nuclear Regulatory Commission.
Michael J. Wentzel,
Project Manager, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulations.
[FR Doc. 2018-01636 Filed 1-29-18; 8:45 am]
BILLING CODE 7590-01-P

4286 Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices

www.regulations.gov as well as enter the consequences of an accident previously The NRC is seeking public comments
comment submissions into ADAMS. evaluated? on this proposed determination that the
The NRC does not routinely edit Response: No. license amendment request involves no
The proposed license amendment modifies
comment submissions to remove significant hazards consideration. Any
the Turkey Point TS by extending the 3A
identifying or contact information. Containment Spray Pump completion time comments received within 30 days after
If you are requesting or aggregating from 72 hours to 14 days on a one-time basis. the date of publication of this notice
comments from other persons for The proposed one-time extension extends the will be considered in making any final
submission to the NRC, then you should unavailability of the 3A Containment Spray determination.
inform those persons not to include Pump but otherwise does not alter the Normally, the Commission will not
identifying or contact information that manner in which the Containment Spray issue the amendment until the
they do not want to be publicly System is operated or maintained. Planned expiration of 60 days after the date of
maintenance is neither a precursor to an publication of this notice. The
disclosed in their comment submission. accident nor an accident initiator. The
Your request should state that the NRC Commission may issue the license
additional time the 3A Containment Spray
does not routinely edit comment Pump will be removed from service will not
amendment before expiration of the 60-
submissions to remove such information affect the ability of the Containment Spray day notice period if the Commission
before making the comment System to operate as designed since the concludes the amendment involves no
submissions available to the public or system has no time-dependent failure modes. significant hazards consideration. In
entering the comment into ADAMS. Therefore, facility operation in accordance addition, the Commission may issue the
with the proposed changes would not amendment prior to the expiration of
I. Introduction involve a significant increase in the the 30-day comment period if
probability or consequences of an accident circumstances change during the 30-day
The NRC is considering issuance of an previously evaluated.
amendment to Renewed Facility comment period such that failure to act
2. Does the proposed change create the
Operating License No. DPR–31, issued possibility of a new or different kind of
in a timely way would result, for
to Florida Power & Light Company, for accident from any accident previously example, in derating or shutdown of the
operation of the Turkey Point Nuclear evaluated? facility. If the Commission takes action
Generating Unit No. 3, located in Response: No. prior to the expiration of either the
Miami-Dade County, Florida. The proposed license amendment modifies comment period or the notice period, it
The proposed amendment would the Turkey Point TS by extending the 3A will publish in the Federal Register a
Containment Spray Pump completion time notice of issuance. If the Commission
revise the Turkey Point TS to allow a from 72 hours to 14 days on a one-time basis.
one-time extension of the allowable makes a final no significant hazards
The proposed change does not introduce new consideration determination, any
outage time for the Unit 3 Containment equipment, create new failure modes for
Spray System from 72 hours to 14 days. existing equipment, or create new limiting
hearing will take place after issuance.
The one-time extension of the allowable single failures. The proposed amendment The Commission expects that the need
outage time is necessary to perform a does not involve a physical alteration of any to take this action will occur very
planned modification of the 3A SSC [structure, system, or component], or a infrequently.
Containment Spray pump while at- change in the way any SSC is operated or
maintained. The proposed change does not
II. Opportunity To Request a Hearing
power and would be valid during the involve operation of any SSCs in a manner and Petition for Leave To Intervene
remainder of the Unit 3 operating cycle, or configuration different from that Within 60 days after the date of
which ends in the fourth quarter of previously recognized or evaluated. publication of this notice, any persons
2018. Therefore, the proposed change does not (petitioner) whose interest may be
Before any issuance of the proposed create the possibility of a new or different affected by this action may file a request
license amendment, the NRC will need kind of accident from any previously
evaluated.
for a hearing and petition for leave to
to make the findings required by the intervene (petition) with respect to the
Atomic Energy Act of 1954, as amended 3. Does the proposed change involve a
significant reduction in a margin of safety? action. Petitions shall be filed in
(the Act), and NRC’s regulations. accordance with the Commission’s
Response: No.
The NRC has made a proposed The proposed license amendment modifies ‘‘Agency Rules of Practice and
determination that the license the Turkey Point TS by extending the 3A Procedure’’ in 10 CFR part 2. Interested
amendment request involves no Containment Spray Pump completion time persons should consult a current copy
significant hazards consideration. Under from 72 hours to 14 days on a one-time basis. of 10 CFR 2.309. The NRC’s regulations
the NRC’s regulations in § 50.92 of title Extending the Completion Time does not are accessible electronically from the
10 of the Code of Federal Regulations involve change[s to] any limit on accident
NRC Library on the NRC’s website at
(10 CFR), this means that operation of consequences specified in the Turkey Point
license or applicable regulations, does not http://www.nrc.gov/reading-rm/doc-
the facility in accordance with the collections/cfr/. Alternatively, a copy of
modify how accidents are mitigated and does
proposed amendment would not (1) the regulations is available at the NRC’s
not involve a change in a methodology. No
involve a significant increase in the limiting safety limits or limiting safety Public Document Room, located at One
probability or consequences of an settings are affected by the proposed change. White Flint North, Room O1–F21, 11555
accident previously evaluated; or (2) Therefore, operation of the facility in Rockville Pike (first floor), Rockville,
create the possibility of a new or accordance with the proposed change will Maryland 20852. If a petition is filed,
different kind of accident from any not involve a significant reduction in the the Commission or a presiding officer
accident previously evaluated; or (3) margin of safety.
will rule on the petition and, if
involve a significant reduction in a The NRC staff has reviewed the appropriate, a notice of a hearing will be
daltland on DSKBBV9HB2PROD with NOTICES

margin of safety. As required by 10 CFR licensee’s analysis and, based on this issued.
50.91(a), the licensee has provided its review, it appears that the three As required by 10 CFR 2.309(d), the
analysis of the issue of no significant standards of 10 CFR 50.92(c) are petition should specifically explain the
hazards consideration, which is satisfied. Therefore, the NRC staff reasons why intervention should be
presented below: proposes to determine that the license permitted with particular reference to
1. Does the proposed change involve a amendment request involves a no the following general requirements for
significant increase in the probability or significant hazards consideration. standing: (1) The name, address, and

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Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices 4287

telephone number of the petitioner; (2) determination on the issue of no III. Electronic Submissions (E-Filing)
the nature of the petitioner’s right under significant hazards consideration. The All documents filed in NRC
the Act to be made a party to the final determination will serve to adjudicatory proceedings, including a
proceeding; (3) the nature and extent of establish when the hearing is held. If the request for hearing and petition for
the petitioner’s property, financial, or final determination is that the leave to intervene (petition), any motion
other interest in the proceeding; and (4) amendment request involves no or other document filed in the
the possible effect of any decision or significant hazards consideration, the proceeding prior to the submission of a
order which may be entered in the Commission may issue the amendment request for hearing or petition to
proceeding on the petitioner’s interest. and make it immediately effective, intervene, and documents filed by
In accordance with 10 CFR 2.309(f), notwithstanding the request for a interested governmental entities that
the petition must also set forth the hearing. Any hearing would take place request to participate under 10 CFR
specific contentions which the after issuance of the amendment. If the 2.315(c), must be filed in accordance
petitioner seeks to have litigated in the final determination is that the with the NRC’s E-Filing rule (72 FR
proceeding. Each contention must amendment request involves a
49139; August 28, 2007, as amended at
consist of a specific statement of the significant hazards consideration, then
77 FR 46562, August 3, 2012). The
issue of law or fact to be raised or any hearing held would take place
controverted. In addition, the petitioner E-Filing process requires participants to
before the issuance of the amendment
must provide a brief explanation of the submit and serve all adjudicatory
unless the Commission finds an
bases for the contention and a concise documents over the internet, or in some
imminent danger to the health or safety
statement of the alleged facts or expert cases to mail copies on electronic
of the public, in which case it will issue
opinion which support the contention storage media. Detailed guidance on
an appropriate order or rule under 10
and on which the petitioner intends to making electronic submissions may be
CFR part 2.
rely in proving the contention at the A State, local governmental body, found in the Guidance for Electronic
hearing. The petitioner must also Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC
provide references to the specific agency thereof, may submit a petition to website at http://www.nrc.gov/site-help/
sources and documents on which the the Commission to participate as a party e-submittals.html. Participants may not
petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition submit paper copies of their filings
position on the issue. The petition must should state the nature and extent of the unless they seek an exemption in
include sufficient information to show petitioner’s interest in the proceeding. accordance with the procedures
that a genuine dispute exists with the The petition should be submitted to the described below.
applicant or licensee on a material issue Commission no later than 60 days from To comply with the procedural
of law or fact. Contentions must be the date of publication of this notice. requirements of E-Filing, at least 10
limited to matters within the scope of The petition must be filed in accordance days prior to the filing deadline, the
the proceeding. The contention must be with the filing instructions in the participant should contact the Office of
one which, if proven, would entitle the ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at
petitioner to relief. A petitioner who section of this document, and should hearing.docket@nrc.gov, or by telephone
fails to satisfy the requirements at 10 meet the requirements for petitions set at 301–415–1677, to (1) request a digital
CFR 2.309(f) with respect to at least one forth in this section, except that under identification (ID) certificate, which
contention will not be permitted to 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or
participate as a party. governmental body, or federally representative) to digitally sign
Those permitted to intervene become recognized Indian Tribe, or agency submissions and access the E-Filing
parties to the proceeding, subject to any thereof does not need to address the system for any proceeding in which it
limitations in the order granting leave to standing requirements in 10 CFR is participating; and (2) advise the
intervene. Parties have the opportunity 2.309(d) if the facility is located within Secretary that the participant will be
to participate fully in the conduct of the its boundaries. Alternatively, a State, submitting a petition or other
hearing with respect to resolution of local governmental body, Federally- adjudicatory document (even in
that party’s admitted contentions, recognized Indian Tribe, or agency instances in which the participant, or its
including the opportunity to present thereof may participate as a non-party counsel or representative, already holds
evidence, consistent with the NRC’s under 10 CFR 2.315(c). an NRC-issued digital ID certificate).
regulations, policies, and procedures. If a hearing is granted, any person Based upon this information, the
Petitions must be filed no later than who is not a party to the proceeding and Secretary will establish an electronic
60 days from the date of publication of is not affiliated with or represented by docket for the hearing in this proceeding
this notice. Petitions and motions for a party may, at the discretion of the if the Secretary has not already
leave to file new or amended presiding officer, be permitted to make established an electronic docket.
contentions that are filed after the a limited appearance pursuant to the Information about applying for a
deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the
a determination by the presiding officer making a limited appearance may make NRC’s public website at http://
that the filing demonstrates good cause an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/
by satisfying the three factors in 10 CFR position on the issues but may not getting-started.html. Once a participant
2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. has obtained a digital ID certificate and
must be filed in accordance with the A limited appearance may be made at a docket has been created, the
filing instructions in the ‘‘Electronic any session of the hearing or at any participant can then submit
daltland on DSKBBV9HB2PROD with NOTICES

Submissions (E-Filing)’’ section of this prehearing conference, subject to the adjudicatory documents. Submissions
document. limits and conditions as may be must be in Portable Document Format
If a hearing is requested, and the imposed by the presiding officer. Details (PDF). Additional guidance on PDF
Commission has not made a final regarding the opportunity to make a submissions is available on the NRC’s
determination on the issue of no limited appearance will be provided by public website at http://www.nrc.gov/
significant hazards consideration, the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A
Commission will make a final scheduled. filing is considered complete at the time

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Document Created: 2018-10-26 10:12:40
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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene.
Dates		Submit comments by March 1, 2018. Requests for a hearing or petition for leave to intervene must be filed by April 2, 2018.
Contact		Michael Wentzel, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6459, email: [email protected]
FR Citation		83 FR 4285