83 FR 44916 - 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 171 (September 4, 2018)

Page Range		44916-44922
FR Document		2018-18067
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for Waterford Steam Electric Station, Unit 3, and Calvert Cliffs Nuclear Power Plant, Units 1 and 2. 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 171 (Tuesday, September 4, 2018)
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44916-44922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18067]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0169]


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 two amendment requests. The amendment requests 
are for Waterford Steam Electric Station, Unit 3, and Calvert Cliffs 
Nuclear Power Plant, Units 1 and 2. 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 October 4, 2018. A request for a 
hearing must be filed by November 5, 2018. Any potential party as 
defined in section 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 September 14, 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-2018-0169. 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: Janet C. Burkhardt, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1384, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0169, 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-2018-0169.
     NRC's Agencywide Documents Access and Management System

[[Page 44917]]

(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 ``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-2018-0169, facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Pursuant to Section 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 notices of amendments 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 requests involve 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

[[Page 44918]]

limitations in the order granting leave to intervene. Parties have the 
opportunity to participate fully in the conduct of the hearing with 
respect to resolution of that party's admitted contentions, including 
the opportunity to present evidence, consistent with the NRC's 
regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective, notwithstanding the request for a hearing. Any 
hearing would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of the amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section, 
except that under 10 CFR 2.309(h)(2) a State, local governmental body, 
or Federally-recognized Indian Tribe, or agency thereof does not need 
to address the standing requirements in 10 CFR 2.309(d) if the facility 
is located within its boundaries. Alternatively, a State, local 
governmental body, Federally-recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary 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

[[Page 44919]]

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.

Entergy Operations, Inc., Docket No. 50-382, Waterford Steam Electric 
Station, Unit 3, St. Charles Parish, Louisiana

    Date of amendment request: April 12, 2018, as supplemented by 
letter dated June 13, 2018. Publicly-available versions are in ADAMS 
under Accession Nos. ML18106A074 and ML18169A275, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would approve the use of the TRANFLOW code for determining 
pressure drops across the steam generator secondary side internal 
components.
    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 from the use of manual calculations to the 
use of the computer code, TRANFLOW, to calculate steam generator 
(SG) secondary side internal loads during a postulated SLB [steam 
line break] has no effect on previously evaluated accident 
probabilities or consequences.
    As stated in subsection 5.4.2 of the Waterford 3 [Updated Final 
Safety Analysis Report (UFSAR)], the SGs, including the tubes, are 
designed for the reactor coolant system transients listed in 
subsection 3.9.1.1 so that allowable stress limits are not exceeded 
for a specific number of cycles. In addition, the SG assemblies are 
designed to withstand the blowdown forces resulting from the 
severance of the steam nozzle. The SG component is not adversely 
affected by the use of TRANFLOW to calculate SLB internal pressure 
loads instead of manual calculations as the manual calculation 
method of evaluation is not described in the UFSAR. The proposed use 
of TRANFLOW does not adversely affect the ability to demonstrate 
that the design requirements of the reactor coolant pressure 
boundary are met during a postulated SLB event and all plant 
conditions. TRANFLOW uses a variety of well-known mathematical 
methods and empirical correlations in order to provide accurate 
solutions to thermal-hydraulic design problems using standard SG 
parameters and assumptions. TRANFLOW has been extensively validated 
and qualified by a variety of sources and methods. The use of the 
computer code, TRANFLOW, results in the calculation of internal 
loads during a postulated SLB event that are comparable to NRC 
approved codes, CEFLASH-4A, 4B and RELAP5. It has been shown that 
the results produced using TRANFLOW are acceptable when making 
engineering justifications for the design of the SG components.
    Based on the above, the proposed changes do 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 use of TRANFLOW to calculate SG secondary side 
internal loads during a postulated SLB event does not introduce any 
new equipment, create new failure modes for existing equipment, or 
create any new limiting single failures. Operation of the SGs with 
secondary side components that have been analyzed for the effects of 
SLB internal loads using TRANFLOW have been shown to maintain SG 
primary or secondary side pressure boundary integrity during all 
plant conditions.
    Therefore, based on the above, 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.
    To demonstrate suitability for its intended purpose, TRANFLOW 
was developed and maintained under the Westinghouse Quality 
Assurance (QA) Program, which is in compliance with the design 
control measures, including verification, stated under 10 CFR part 
50, Appendix B. Verification of TRANFLOW has included comparison to 
test data, field data, manual calculations, and independent computer 
code prediction. Westinghouse has performed a comparison of TRANFLOW 
results with those of the NRC approved codes CEFLASH-4A. CEFLASH-4B 
and RELAP5 for analyzing SG SLB internal loads which shows that the 
results are technically equivalent. The [Nuclear Energy Institute] 
NEI 97-06, Rev. 3 (Reference 6 [of the letter dated April 12, 2018]) 
Steam Generator Structural Integrity Performance Criteria have been 
shown to be met during a postulated SLB with the use of the computer 
code, TRANFLOW, in the design of the replacement SGs (Reference 1 
[of the letter dated April 12, 2018]). Meeting the NEI 97-06, Rev. 3 
Structural Integrity Performance Criteria ensures that the SG tubes 
are capable of performing their safety related functions. SG tubes 
are relied on to maintain primary system pressure and temperature 
during all plant conditions. Additional loading conditions 
associated with the design basis accidents have been evaluated and 
it has been determined that the use of TRANFLOW would not contribute 
to SG tube burst or collapse. ASME Code Section III analysis stress 
limits continue to be met for the secondary side subcomponents 
(e.g., tube support plates, steam dryer support beams and wall 
brackets, etc.) during all plant conditions with the use of TRANFLOW 
and adverse interactions with SG tubing will not occur. Therefore, 
the proposed change does not involve a significant reduction in any 
margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this

[[Page 44920]]

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: Ms. Anna Vinson Jones, Senior Counsel, 
Entergy Services, Inc., 101 Constitution Avenue NW, Suite 200 East, 
Washington, DC 20001.
    NRC Branch Chief: Robert J. Pascarelli.

Exelon Generation Company, LLC, Docket Nos. 50-317 and 50-318, Calvert 
Cliffs Nuclear Power Plant, Units 1 and (Calvert Cliffs), Calvert 
County, Maryland

    Date of amendment request: February 25, 2016, as supplemented by 
letters dated April 3, 2017, and January 11, January 18, and June 21, 
2018. Publicly-available versions are in ADAMS under Accession Nos. 
ML16060A223, ML17094A591, ML18011A665, ML18018B340, and ML18172A145.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise the Calvert Cliffs Technical Specifications 
(TSs) related to completion times for required actions to provide the 
option to calculate longer, risk-informed completion times. The 
proposed amendments will also add a new program, the Risk Informed 
Completion Time Program, to TS Section 5.0, ``Administrative 
Controls.'' The methodology for using the Risk Informed Completion Time 
Program is described in Nuclear Energy Institute (NEI) topical report 
NEI 06-09, ``Risk-Informed Technical Specifications Initiative 4b, 
Risk-Managed Technical Specifications (RMTS) Guidelines,'' Revision 0-A 
(ADAMS Accession No. ML12286A322), which was approved by the NRC on May 
17, 2007. The license amendment request (LAR) was originally noticed in 
the Federal Register on May 24, 2016 (81 FR 32806). The licensee 
originally proposed to adopt, with plant-specific variations, Technical 
Specification Task Force (TSTF) Traveler TSTF-505, Revision 1, 
``Provide Risk-Informed Extended Completion Times--RITSTF [Risk 
Informed TSTF] Initiative 4b'' (ADAMS Accession No. ML111650552). By 
letter dated November 15, 2016 (ADAMS Accession No. ML16281A021), the 
NRC suspended its approval of TSTF-505, Revision 1, because of concerns 
identified during the review of plant-specific LARs for adoption of 
TSTF-505, Revision 1. In the letter, the NRC staff stated that it would 
continue reviewing applications already received and site-specific 
proposals to address the staff's concerns. Although the scope of the 
amendment request has not changed, the basis for the amendments will no 
longer rely on TSTF-505. This notice is being reissued in its entirety 
to include the description of the amendment request and proposed no 
significant hazards consideration determination.
    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. Do the proposed changes involve a significant increase in the 
probability or consequences of any accident previously evaluated?
    Response: No.
    The proposed changes permit the extension of Completion Times 
provided the associated risk is assessed and managed in accordance 
with the NRC approved Risk-Informed Completion Time Program. The 
proposed changes do not involve a significant increase in the 
probability of an accident previously evaluated because the changes 
involve no change to the plant or its modes of operation. The 
proposed changes do not increase the consequences of an accident 
because the design-basis mitigation function of the affected systems 
is not changed and the consequences of an accident during the 
extended Completion Time are no different from those during the 
existing Completion Time.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Do the proposed changes create the possibility of a new or 
different kind of accident from any previously evaluated?
    Response: No.
    The proposed changes do not change the design, configuration, or 
method of operation of the plant. The proposed changes do not 
involve a physical alteration of the plant (no new or different kind 
of equipment will be installed).
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Do the proposed changes involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes permit the extension of Completion Times 
provided that risk is assessed and managed in accordance with the 
NRC approved Risk-Informed Completion Time Program. The proposed 
changes implement a risk-informed configuration management program 
to assure that adequate margins of safety are maintained. 
Application of these new specifications and the configuration 
management program considers cumulative effects of multiple systems 
or components being out of service and does so more effectively than 
the current TS.
    Therefore, the proposed changes do 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: Tamra Domeyer, Associate General Counsel, 
Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 
60555.
    NRC Branch Chief: James G. Danna.

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

Entergy Operations, Inc., Docket No. 50-382, Waterford Steam Electric 
Station, Unit 3, St. Charles Parish, Louisiana

Exelon Generation Company, LLC, Docket Nos. 50-317 and 50-318, Calvert 
Cliffs Nuclear Power Plant, Units 1 and 2, Calvert County, Maryland

    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,

[[Page 44921]]

Maryland 20852. The email address for the Office of the Secretary and 
the Office of the General Counsel are [email protected] and 
[email protected], respectively.\1\ The request must 
include the following information:
---------------------------------------------------------------------------

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

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

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

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an Administrative Law Judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requester may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) the 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if he or 
she is unavailable, another administrative judge, or an Administrative 
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if 
another officer has 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 16th of August 2018.

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

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
           Day                             Event/activity
------------------------------------------------------------------------
0........................  Publication of Federal Register notice of
                            hearing and opportunity to petition for
                            leave to intervene, including order with
                            instructions for access requests.
10.......................  Deadline for submitting requests for access
                            to Sensitive Unclassified Non-Safeguards
                            Information (SUNSI) with information:
                            Supporting the standing of a potential party
                            identified by name and address; describing
                            the need for the information in order for
                            the potential party to participate
                            meaningfully in an adjudicatory proceeding.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; and (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 petitioner/requestor reply).

[[Page 44922]]

 
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requester of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            petitioner/requester to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of opportunity to request a hearing
                            and petition for leave to intervene), the
                            petitioner may file its SUNSI contentions by
                            that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2018-18067 Filed 8-31-18; 8:45 am]
 BILLING CODE 7590-01-P
44918 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

limitations in the order granting leave to standing requirements in 10 CFR is participating; and (2) advise the
intervene. Parties have the opportunity 2.309(d) if the facility is located within Secretary that the participant will be
to participate fully in the conduct of the its boundaries. Alternatively, a State, submitting a petition or other
hearing with respect to resolution of local governmental body, Federally- adjudicatory document (even in
that party’s admitted contentions, recognized Indian Tribe, or agency instances in which the participant, or its
including the opportunity to present thereof may participate as a non-party counsel or representative, already holds
evidence, consistent with the NRC’s under 10 CFR 2.315(c). an NRC-issued digital ID certificate).
regulations, policies, and procedures. If a hearing is granted, any person Based upon this information, the
Petitions must be filed no later than who is not a party to the proceeding and Secretary will establish an electronic
60 days from the date of publication of is not affiliated with or represented by docket for the hearing in this proceeding
this notice. Petitions and motions for a party may, at the discretion of the if the Secretary has not already
leave to file new or amended presiding officer, be permitted to make established an electronic docket.
contentions that are filed after the a limited appearance pursuant to the Information about applying for a
deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the
a determination by the presiding officer making a limited appearance may make NRC’s public website at http://
that the filing demonstrates good cause an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/
by satisfying the three factors in 10 CFR position on the issues but may not getting-started.html. Once a participant
2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. has obtained a digital ID certificate and
must be filed in accordance with the A limited appearance may be made at a docket has been created, the
filing instructions in the ‘‘Electronic any session of the hearing or at any participant can then submit
Submissions (E-Filing)’’ section of this prehearing conference, subject to the adjudicatory documents. Submissions
document. limits and conditions as may be must be in Portable Document Format
If a hearing is requested, and the imposed by the presiding officer. Details (PDF). Additional guidance on PDF
Commission has not made a final regarding the opportunity to make a submissions is available on the NRC’s
determination on the issue of no limited appearance will be provided by public website at http://www.nrc.gov/
significant hazards consideration, the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A
Commission will make a final scheduled. filing is considered complete at the time
determination on the issue of no the document is submitted through the
significant hazards consideration. The B. Electronic Submissions (E-Filing)
NRC’s E-Filing system. To be timely, an
final determination will serve to All documents filed in NRC electronic filing must be submitted to
establish when the hearing is held. If the adjudicatory proceedings, including a the E-Filing system no later than 11:59
final determination is that the request for hearing and petition for p.m. Eastern Time on the due date.
amendment request involves no leave to intervene (petition), any motion Upon receipt of a transmission, the E-
significant hazards consideration, the or other document filed in the Filing system time-stamps the document
Commission may issue the amendment proceeding prior to the submission of a and sends the submitter an email notice
and make it immediately effective, request for hearing or petition to confirming receipt of the document. The
notwithstanding the request for a intervene, and documents filed by E-Filing system also distributes an email
hearing. Any hearing would take place interested governmental entities that notice that provides access to the
after issuance of the amendment. If the request to participate under 10 CFR document to the NRC’s Office of the
final determination is that the 2.315(c), must be filed in accordance General Counsel and any others who
amendment request involves a with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary
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
sradovich on DSK3GMQ082PROD with NOTICES

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

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44920 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

review, it appears that the three reviewing applications already received being out of service and does so more
standards of 10 CFR 50.92(c) are and site-specific proposals to address effectively than the current TS.
satisfied. Therefore, the NRC staff the staff’s concerns. Although the scope Therefore, the proposed changes do not
proposes to determine that the involve a significant reduction in a margin of
of the amendment request has not
safety.
amendment request involves no changed, the basis for the amendments
significant hazards consideration. will no longer rely on TSTF–505. This The NRC staff has reviewed the
Attorney for licensee: Ms. Anna notice is being reissued in its entirety to licensee’s analysis and, based on this
Vinson Jones, Senior Counsel, Entergy include the description of the review, it appears that the three
Services, Inc., 101 Constitution Avenue amendment request and proposed no standards of 10 CFR 50.92(c) are
NW, Suite 200 East, Washington, DC significant hazards consideration satisfied. Therefore, the NRC staff
20001. determination. proposes to determine that the
NRC Branch Chief: Robert J. amendment request involves no
Pascarelli. Basis for proposed no significant
significant hazards consideration.
hazards consideration determination: Attorney for licensee: Tamra Domeyer,
Exelon Generation Company, LLC, As required by 10 CFR 50.91(a), the Associate General Counsel, Exelon
Docket Nos. 50–317 and 50–318, Calvert licensee has provided its analysis of the Generation Company, LLC, 4300
Cliffs Nuclear Power Plant, Units 1 and issue of no significant hazards Winfield Road, Warrenville, IL 60555.
(Calvert Cliffs), Calvert County, consideration, which is presented NRC Branch Chief: James G. Danna.
Maryland below:
Date of amendment request: February Order Imposing Procedures for Access
1. Do the proposed changes involve a
25, 2016, as supplemented by letters significant increase in the probability or to Sensitive Unclassified Non-
dated April 3, 2017, and January 11, consequences of any accident previously Safeguards Information for Contention
January 18, and June 21, 2018. Publicly- evaluated? Preparation
available versions are in ADAMS under Response: No.
Entergy Operations, Inc., Docket No. 50–
Accession Nos. ML16060A223, The proposed changes permit the
extension of Completion Times provided the 382, Waterford Steam Electric Station,
ML17094A591, ML18011A665, Unit 3, St. Charles Parish, Louisiana
associated risk is assessed and managed in
ML18018B340, and ML18172A145. accordance with the NRC approved Risk-
Description of amendment request: Exelon Generation Company, LLC,
Informed Completion Time Program. The Docket Nos. 50–317 and 50–318, Calvert
This amendment request contains proposed changes do not involve a
sensitive unclassified non-safeguards Cliffs Nuclear Power Plant, Units 1 and
significant increase in the probability of an
information (SUNSI). The amendments accident previously evaluated because the 2, Calvert County, Maryland
would revise the Calvert Cliffs changes involve no change to the plant or its A. This Order contains instructions
Technical Specifications (TSs) related to modes of operation. The proposed changes regarding how potential parties to this
completion times for required actions to do not increase the consequences of an proceeding may request access to
provide the option to calculate longer, accident because the design-basis mitigation documents containing Sensitive
risk-informed completion times. The function of the affected systems is not
changed and the consequences of an accident
Unclassified Non-Safeguards
proposed amendments will also add a during the extended Completion Time are no Information (SUNSI).
new program, the Risk Informed different from those during the existing B. Within 10 days after publication of
Completion Time Program, to TS Completion Time. this notice of hearing and opportunity to
Section 5.0, ‘‘Administrative Controls.’’ Therefore, the proposed changes do not petition for leave to intervene, any
The methodology for using the Risk involve a significant increase in the potential party who believes access to
Informed Completion Time Program is probability or consequences of an accident SUNSI is necessary to respond to this
described in Nuclear Energy Institute previously evaluated. notice may request access to SUNSI. A
(NEI) topical report NEI 06–09, ‘‘Risk- 2. Do the proposed changes create the ‘‘potential party’’ is any person who
Informed Technical Specifications possibility of a new or different kind of intends to participate as a party by
Initiative 4b, Risk-Managed Technical accident from any previously evaluated?
Response: No.
demonstrating standing and filing an
Specifications (RMTS) Guidelines,’’ The proposed changes do not change the admissible contention under 10 CFR
Revision 0–A (ADAMS Accession No. design, configuration, or method of operation 2.309. Requests for access to SUNSI
ML12286A322), which was approved by of the plant. The proposed changes do not submitted later than 10 days after
the NRC on May 17, 2007. The license involve a physical alteration of the plant (no publication of this notice will not be
amendment request (LAR) was new or different kind of equipment will be considered absent a showing of good
originally noticed in the Federal installed). cause for the late filing, addressing why
Register on May 24, 2016 (81 FR 32806). Therefore, the proposed changes do not the request could not have been filed
The licensee originally proposed to create the possibility of a new or different earlier.
adopt, with plant-specific variations, kind of accident from any accident C. The requester shall submit a letter
previously evaluated.
Technical Specification Task Force 3. Do the proposed changes involve a
requesting permission to access SUNSI
(TSTF) Traveler TSTF–505, Revision 1, significant reduction in a margin of safety? to the Office of the Secretary, U.S.
‘‘Provide Risk-Informed Extended Response: No. Nuclear Regulatory Commission,
Completion Times—RITSTF [Risk The proposed changes permit the Washington, DC 20555–0001, Attention:
Informed TSTF] Initiative 4b’’ (ADAMS extension of Completion Times provided that Rulemakings and Adjudications Staff,
Accession No. ML111650552). By letter risk is assessed and managed in accordance and provide a copy to the Associate
dated November 15, 2016 (ADAMS with the NRC approved Risk-Informed General Counsel for Hearings,
sradovich on DSK3GMQ082PROD with NOTICES

Accession No. ML16281A021), the NRC Completion Time Program. The proposed Enforcement and Administration, Office
suspended its approval of TSTF–505, changes implement a risk-informed of the General Counsel, U.S. Nuclear
configuration management program to assure
Revision 1, because of concerns that adequate margins of safety are
Regulatory Commission, Washington,
identified during the review of plant- maintained. Application of these new DC 20555–0001. The expedited delivery
specific LARs for adoption of TSTF– specifications and the configuration or courier mail address for both offices
505, Revision 1. In the letter, the NRC management program considers cumulative is: U.S. Nuclear Regulatory Commission,
staff stated that it would continue effects of multiple systems or components 11555 Rockville Pike, Rockville,

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Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 44921

Maryland 20852. The email address for or Affidavit, or Protective Order 2 setting would harm that party’s interest
the Office of the Secretary and the forth terms and conditions to prevent independent of the proceeding. Such a
Office of the General Counsel are the unauthorized or inadvertent challenge must be filed within 5 days of
Hearing.Docket@nrc.gov and disclosure of SUNSI by each individual the notification by the NRC staff of its
RidsOgcMailCenter.Resource@nrc.gov, who will be granted access to SUNSI. grant of access and must be filed with:
respectively.1 The request must include F. Filing of Contentions. Any (a) the presiding officer designated in
the following information: contentions in these proceedings that this proceeding; (b) if no presiding
(1) A description of the licensing are based upon the information received officer has been appointed, the Chief
action with a citation to this Federal as a result of the request made for Administrative Judge, or if he or she is
Register notice; SUNSI must be filed by the requestor no unavailable, another administrative
(2) The name and address of the later than 25 days after receipt of (or judge, or an Administrative Law Judge
potential party and a description of the access to) that information. However, if with jurisdiction pursuant to 10 CFR
potential party’s particularized interest more than 25 days remain between the 2.318(a); or (c) if another officer has
that could be harmed by the action petitioner’s receipt of (or access to) the been designated to rule on information
identified in C.(1); and information and the deadline for filing access issues, with that officer.
(3) The identity of the individual or all other contentions (as established in
entity requesting access to SUNSI and the notice of hearing or opportunity for If challenges to the NRC staff
the requester’s basis for the need for the hearing), the petitioner may file its determinations are filed, these
information in order to meaningfully SUNSI contentions by that later procedures give way to the normal
participate in this adjudicatory deadline. process for litigating disputes
proceeding. In particular, the request G. Review of Denials of Access. concerning access to information. The
must explain why publicly available (1) If the request for access to SUNSI availability of interlocutory review by
versions of the information requested is denied by the NRC staff after a the Commission of orders ruling on
would not be sufficient to provide the determination on standing and requisite such NRC staff determinations (whether
basis and specificity for a proffered need, the NRC staff shall immediately granting or denying access) is governed
contention. notify the requestor in writing, briefly by 10 CFR 2.311.3
D. Based on an evaluation of the stating the reason or reasons for the I. The Commission expects that the
information submitted under paragraph denial. NRC staff and presiding officers (and
C.(3) the NRC staff will determine (2) The requester may challenge the
any other reviewing officers) will
within 10 days of receipt of the request NRC staff’s adverse determination by
consider and resolve requests for access
whether: filing a challenge within 5 days of
(1) There is a reasonable basis to to SUNSI, and motions for protective
receipt of that determination with: (a)
believe the petitioner is likely to orders, in a timely fashion in order to
The presiding officer designated in this
establish standing to participate in this minimize any unnecessary delays in
proceeding; (b) if no presiding officer
NRC proceeding; and has been appointed, the Chief identifying those petitioners who have
(2) The requestor has established a Administrative Judge, or if he or she is standing and who have propounded
legitimate need for access to SUNSI. unavailable, another administrative contentions meeting the specificity and
E. If the NRC staff determines that the judge, or an Administrative Law Judge basis requirements in 10 CFR part 2.
requestor satisfies both D.(1) and D.(2) with jurisdiction pursuant to 10 CFR The attachment to this Order
above, the NRC staff will notify the 2.318(a); or (c) if another officer has summarizes the general target schedule
requestor in writing that access to been designated to rule on information for processing and resolving requests
SUNSI has been granted. The written access issues, with that officer. under these procedures.
notification will contain instructions on (3) Further appeals of decisions under It is so ordered.
how the requestor may obtain copies of this paragraph must be made pursuant Dated at Rockville, Maryland, this 16th of
the requested documents, and any other to 10 CFR 2.311. August 2018.
conditions that may apply to access to H. Review of Grants of Access. A
those documents. These conditions may party other than the requester may For the Nuclear Regulatory Commission.
include, but are not limited to, the challenge an NRC staff determination Annette L. Vietti-Cook,
signing of a Non-Disclosure Agreement granting access to SUNSI whose release Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/activity

0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-
structions for access requests.
10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
sradovich on DSK3GMQ082PROD with NOTICES

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

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Document Created: 2018-09-01 02:59:12
Document Modified: 2018-09-01 02:59:12
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 request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
Dates		Comments must be filed by October 4, 2018. A request for a hearing must be filed by November 5, 2018. Any potential party as defined in section 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 September 14, 2018.
Contact		Janet C. Burkhardt, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1384, email: [email protected]
FR Citation		83 FR 44916