83_FR_47384 83 FR 47203 - Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit No. 1

83 FR 47203 - Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit No. 1

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 181 (September 18, 2018)

Page Range47203-47207
FR Document2018-20211

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. NPF-87, issued to Vistra Operations Company LLC (the licensee), for operation of the Comanche Peak Nuclear Power Plant (CPNPP), Unit No. 1. The proposed exigent amendment would revise CPNPP Technical Specification (TS) 3.8.4, ``DC [Direct Current] Sources--Operating,'' to allow the licensee additional time to replace two affected battery cells in the safety-related batteries for CPNPP, Unit No. 1. Specifically, the proposed one-time change would add a Required Action to TS 3.8.4, Condition B, to extend the completion time from 2 hours to 18 hours to repair each affected battery cell.

Federal Register, Volume 83 Issue 181 (Tuesday, September 18, 2018)
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47203-47207]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20211]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-445; NRC-2018-0205]


Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, 
Unit No. 1

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 Facility Operating License No. NPF-87, 
issued to Vistra Operations Company LLC (the licensee), for operation 
of the Comanche Peak Nuclear Power Plant (CPNPP), Unit No. 1. The 
proposed exigent amendment would revise CPNPP Technical Specification 
(TS) 3.8.4, ``DC [Direct Current] Sources--Operating,'' to allow the 
licensee additional time to replace two affected battery cells in the 
safety-related batteries for CPNPP, Unit No. 1. Specifically, the 
proposed one-time change would add a Required Action to TS 3.8.4, 
Condition B, to extend the completion time from 2 hours to 18 hours to 
repair each affected battery cell.

DATES: Submit comments by October 2, 2018. Requests for a hearing or 
petition for leave to intervene must be filed by November 19, 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-2018-0205. Address 
questions about Docket IDs in regulations.gov 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.

[[Page 47204]]


FOR FURTHER INFORMATION CONTACT: Margaret O'Banion, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1233, email: Margaret.O'[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0205 or Docket No. 50-445 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-2018-0205.
     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 ``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 license amendment request dated 
September 5, 2018, is available in ADAMS under Accession No. 
ML18250A186.
     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-2018-0205 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. NPF-87 issued to Vistra Operations Company LLC 
(the licensee), for operation of the CPNPP, Unit No. 1, located in 
Somervell County, Texas.
    The proposed exigent amendment would revise CPNPP TS 3.8.4, ``DC 
Sources--Operating,'' to allow the licensee additional time to replace 
two affected battery cells in the Train B safety-related batteries for 
CPNPP, Unit No. 1. Specifically, the proposed one-time change would add 
a new Required Action to TS 3.8.4, Condition B, to extend the 
completion time from 2 hours to 18 hours to repair each affected 
battery cell. On November 8, 2017, the licensee experienced cell jar 
cracking on cell 41 in battery BT1ED4. On July 2, 2018, the licensee 
experienced cell jar cracking on cell 27 in battery BT1ED2. Both 
affected battery cells have been jumpered out to restore operability of 
Unit No. 1, Train B batteries BT1ED4 and BT1ED2. The licensee stated 
that by replacing the affected battery cells, the licensee would regain 
margin on its safety-related batteries.
    In accordance with the requirements of paragraph 50.91(a)(6) of 
title 10 of the Code of Federal Regulations (10 CFR), the licensee 
requested approval of the amendment under exigent circumstances. The 
licensee stated that exigent approval was needed to avoid a potential 
shutdown in the event of an unanticipated second battery cell failure 
on either of the CPNPP, Unit No. 1, Train B batteries. In addition, the 
licensee stated that it had made a good faith effort to submit the 
license amendment request in a timely manner following the failure of 
one of the affected battery cells in July 2018. The licensee requested 
an issuance date of October 3, 2018, to support replacement of the two 
Unit No. 1, Train B battery cells during CPNPP, Unit 1, Cycle 20. Based 
on its evaluation of the licensee's request, the NRC staff finds that 
exigent circumstances exist. Therefore, in accordance with 10 CFR 
50.91(a)(6)(i)(A), the NRC staff is providing a 14-day notice period 
for public comment.
    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.
    Pursuant to 10 CFR 50.91(a)(6), for amendments to be granted under 
exigent circumstances, the NRC has made a proposed determination that 
the license amendment request involves no significant hazards 
consideration. Under the NRC's regulations in 10 CFR 50.92, this means 
that operation of the facility in accordance with the proposed 
amendment would not (1) involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety. As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Do the proposed changes involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes add provisions to increase the COMPLETION 
TIME (CT) from two hours to eighteen hours, on a one-time basis for 
Comanche Peak Nuclear Power Plant Class 1E Batteries BT1ED2 and 
BT1ED4. This one-time increase will only be used once per battery 
during Unit 1 Cycle 20 (not at the same time). An additional 
REQUIRED ACTION, new Note, and associated COMPLETION TIME is 
specified when batteries BT1ED2 and BT1ED4, associated with the 
plant Class 1 E Direct Current (DC) electrical power subsystem, are 
declared inoperable to replace a jumpered cell. The proposed changes 
do not physically alter any plant structures, systems, or 
components, and are not accident initiators: therefore, there is no 
effect on the probability of accidents previously evaluated. As part 
of the single failure design feature, loss of any one DC electrical 
power subsystem does not prevent the minimum safety function from 
being performed. Also, the proposed changes do not affect the type 
or amounts of radionuclides release following an accident, or affect 
the initiation and duration of their release. Therefore, the 
consequences of accidents previously evaluated, which rely on the 
safety related Class 1E battery to mitigate, are not significantly 
increased.
    Therefore, the proposed change does 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 accident previously evaluated?
    Response: No.
    The proposed changes do not involve a change in design, 
configuration, or method of operation of the plant. The proposed 
changes will not alter the manner in which equipment is operated, 
nor will the functional demands on credited equipment be changed. 
The proposed changes do not impact the interaction of any systems 
whose failure or malfunction can initiate an accident. There are no 
identified redundant components affected by these changes and thus 
there are no new common cause failures

[[Page 47205]]

or any existing common cause failures that are affected by extending 
the CT. The proposed changes do not create any new failure modes.
    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 changes are based upon a deterministic evaluation. 
This evaluation is supplemented by risk information.
    The deterministic evaluation concluded with one inoperable 
battery associated with the Class 1E DC electrical power subsystem, 
the redundant OPERABLE Class 1E DC electrical power subsystems will 
be able to perform the safety function as described in the accident 
analysis.
    Supplemental risk information supporting this license amendment 
request concluded that the additional REQUIRED ACTION, new Note, and 
associated COMPLETION TIME have a negligible impact on overall plant 
risk and is consistent with the NRC Safety Goal Policy statement and 
the thresholds in Regulatory Guide (RG) 1.174, ``An Approach for 
Using Probabilistic Risk Assessment in Risk-Informed Decisions on 
Plant-Specific Changes to the Licensing Basis,'' and RG 1.177, ``An 
Approach for Plant-Specific, Risk-Informed Decisionmaking: Technical 
Specifications.''
    The deterministic evaluation and the supplemental risk 
information provide assurance that the plant Class 1E DC electrical 
power subsystem will be able to perform its design function with a 
longer COMPLETION TIME for inoperable batteries BT1ED2 and BT1ED4 
during Unit 1 Cycle 20, and risk is not significantly impacted by 
the change.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
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 14 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 the 14-day notice period. However, if circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in shutdown of the facility, the 
Commission may issue the license amendment before the expiration of the 
14-day notice period, provided that its final determination is that the 
amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. If 
the Commission takes this action, it will publish in the Federal 
Register a notice of issuance. The Commission expects that the need to 
take this action will occur very infrequently.

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the 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

[[Page 47206]]

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

IV. Electronic Submissions (E-Filing)

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

[[Page 47207]]

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 September 5, 2018.
    Attorney for Licensee: Timothy P. Matthews, Esq., Morgan, Lewis and 
Bockius, 1111 Pennsylvania Avenue NW, Washington, DC 20004.
    NRC Acting Branch Chief: Thomas J. Wengert.

    Dated at Rockville, Maryland, this 13th day of September 2018.

    For the Nuclear Regulatory Commission.
Margaret W. O'Banion,
Project Manager, Plant Licensing Branch IV, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-20211 Filed 9-17-18; 8:45 am]
BILLING CODE 7590-01-P



                                                                          Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices                                                       47203

                                               CFR 51.22(c)(25)(i)–(v) are also satisfied.              requested exemption neither changes                      radiological accidents such as a gross
                                               In its review of the exemption request,                  the effluents nor produces additional                    leak from the closure welds, because the
                                               the NRC staff determined, as discussed                   avenues of effluent release; (iii) granting              exemption neither reduces the ability of
                                               above, that, under 10 CFR 51.22(c)(25):                  the exemption would not result in a                      the closure welds to confine radioactive
                                               (i) Granting the exemption does not                      significant increase in either                           material nor creates new accident
                                               involve a significant hazards                            occupational radiation exposure or                       precursors at the MNGP ISFSI.
                                               considerations because granting the                      public radiation exposure, because the                   Accordingly, this exemption meets the
                                               exemption neither reduces a margin of                    requested exemption neither introduces                   criteria for a categorical exclusion in 10
                                               safety, creates a new or different kind of               new radiological hazards nor increases                   CFR 51.22(c)(25)(vi)(C).
                                               accident from any accident previously                    existing radiological hazards; (iv)
                                               evaluated, nor significantly increases                   granting the exemption would not result                  IV. Availability of Documents
                                               either the probability or consequences                   in a significant construction impact,
                                               of an accident previously evaluated; (ii)                because there are no construction                          The documents identified in the
                                               granting the exemption would not                         activities associated with the requested                 following table are available to
                                               produce a significant change in either                   exemption; and; (v) granting the                         interested persons through one or more
                                               the types or amounts of any effluents                    exemption would not increase either the                  of the following methods, as indicated.
                                               that may be released offsite because the                 potential or consequences from

                                                                                                                                                                                                          ADAMS
                                                                                                                   Document                                                                            accession No.

                                               Federal Register Notice Issuing Exemption from Nonconforming Dye Penetrant Examinations of Dry Shielded Canister                                        ML16159A227
                                                  (DSC) 16, June 8, 2016.
                                               Exemption Request for Nonconforming Dye Penetrant Examinations of Dry Shielded Canisters (DSCs) 11 through 15, October                                  ML17296A205
                                                  18, 2017.
                                               First Request for Additional Information for Review of Exemption Request for Five Nonconforming Dry Shielded Canisters 11                               ML18065A545
                                                  through 15 (CAC No. 001028, Docket No. 72–58, EPID L–2017–LLE–0029), March 6, 2018.
                                               Monticello Nuclear Generating Plant—Response to Request for Additional Information Regarding Exemption Request for Non-                                 ML18100A173
                                                  conforming Dye Penetrant Examinations of Dry Shielded Canisters (DSCs) 11 through 15, April 5, 2018.
                                               Supplement to Exemption Request for Nonconforming Dye Penetrant Examinations of Dry Shielded Canisters (DSCs) 11                                        ML18151A870
                                                  through 15 (CAC No. 001028, EPID L–2017–LLE–0029).
                                               NUREG–1774, ‘‘A Survey of Crane Operating Experience at U.S. Nuclear Power Plants from 1968 through 2002’’ .....................                        ML032060160
                                               Risk-Informed Decisionmaking for Nuclear Material and Waste Applications, Revision 1 ................................................................   ML080720238
                                               NUREG–1536, Revision 1 ‘‘Standard Review Plan for Spent Fuel Dry Storage Systems at a General License Facility’’ ...............                        ML101040620
                                               NUREG–1864, ‘‘A Pilot Probabilistic Risk Assessment of a Dry Cask Storage System at a Nuclear Power Plant’’ ........................                    ML071340012
                                               Attachment A, Technical Specifications, Transnuclear, Inc., Standardized NUHOMS® Horizontal Modular Storage System Cer-                                 ML17338A114
                                                  tificate of Compliance No. 1004, Renewed Amendment No. 10, Revision 1.



                                               V. Conclusion                                            NUCLEAR REGULATORY                                       Action to TS 3.8.4, Condition B, to
                                                                                                        COMMISSION                                               extend the completion time from 2
                                                  Based on the foregoing                                                                                         hours to 18 hours to repair each affected
                                               considerations, the NRC staff has                        [Docket No. 50–445; NRC–2018–0205]                       battery cell.
                                               determined that, pursuant to 10 CFR                                                                               DATES: Submit comments by October 2,
                                               72.7, the exemption is authorized by                     Vistra Operations Company LLC;
                                                                                                                                                                 2018. Requests for a hearing or petition
                                               law, will not endanger life or property                  Comanche Peak Nuclear Power Plant,
                                                                                                                                                                 for leave to intervene must be filed by
                                               or the common defense and security,                      Unit No. 1
                                                                                                                                                                 November 19, 2018.
                                               and is otherwise in the public interest.                 AGENCY:  Nuclear Regulatory                              ADDRESSES: You may submit comments
                                               Therefore, the NRC grants the applicant                  Commission.                                              by any of the following methods:
                                               an exemption from the requirements of                    ACTION: License amendment application;                      • Federal Rulemaking Website: Go to
                                               10 CFR 72.212(a)(2), 72.212(b)(3),                       opportunity to comment, request a                        http://www.regulations.gov and search
                                               72.212(b)(5)(i), 72.212(b)(11), and                      hearing, and petition for leave to                       for Docket ID NRC–2018–0205. Address
                                               72.214 only with regard to meeting TS                    intervene.                                               questions about Docket IDs in
                                               1.2.5 of Attachment A of CoC No. 1004                                                                             regulations.gov to Jennifer Borges;
                                               for DSCs 11–15.                                          SUMMARY:   The U.S. Nuclear Regulatory                   telephone: 301–287–9127; email:
                                                  This exemption is effective upon                      Commission (NRC) is considering                          Jennifer.Borges@nrc.gov. For technical
                                                                                                        issuance of an amendment to Facility                     questions, contact the individual listed
                                               issuance.
                                                                                                        Operating License No. NPF–87, issued                     in the FOR FURTHER INFORMATION
                                                  Dated at Rockville, Maryland, this 13th day           to Vistra Operations Company LLC (the                    CONTACT section of this document.
                                               September 2018.                                          licensee), for operation of the Comanche                   • Mail comments to: May Ma, Office
                                                  For the Nuclear Regulatory Commission.                Peak Nuclear Power Plant (CPNPP),                        of Administration, Mail Stop: TWFN–7–
                                               John McKirgan,                                           Unit No. 1. The proposed exigent                         A60M, U.S. Nuclear Regulatory
                                               Branch Chief, Spent Fuel Licensing Branch,               amendment would revise CPNPP                             Commission, Washington, DC 20555–
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                                               Division of Spent Fuel Management, Office                Technical Specification (TS) 3.8.4, ‘‘DC                 0001.
                                               of Nuclear Material Safety and Safeguards.               [Direct Current] Sources—Operating,’’ to                   For additional direction on obtaining
                                               [FR Doc. 2018–20283 Filed 9–17–18; 8:45 am]
                                                                                                        allow the licensee additional time to                    information and submitting comments,
                                                                                                        replace two affected battery cells in the                see ‘‘Obtaining Information and
                                               BILLING CODE 7590–01–P
                                                                                                        safety-related batteries for CPNPP, Unit                 Submitting Comments’’ in the
                                                                                                        No. 1. Specifically, the proposed one-                   SUPPLEMENTARY INFORMATION section of
                                                                                                        time change would add a Required                         this document.


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                                               47204                     Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices

                                               FOR FURTHER INFORMATION CONTACT:                        before making the comment                             made a proposed determination that the
                                               Margaret O’Banion, Office of Nuclear                    submissions available to the public or                license amendment request involves no
                                               Reactor Regulation, U.S. Nuclear                        entering the comment into ADAMS.                      significant hazards consideration. Under
                                               Regulatory Commission, Washington,                                                                            the NRC’s regulations in 10 CFR 50.92,
                                                                                                       II. Introduction
                                               DC 20555–0001; telephone: 301–415–                                                                            this means that operation of the facility
                                               1233, email: Margaret.O’Banion@                            The NRC is considering issuance of an              in accordance with the proposed
                                               nrc.gov.                                                amendment to Facility Operating                       amendment would not (1) involve a
                                                                                                       License No. NPF–87 issued to Vistra                   significant increase in the probability or
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       Operations Company LLC (the licensee),                consequences of an accident previously
                                               I. Obtaining Information and                            for operation of the CPNPP, Unit No. 1,               evaluated; or (2) create the possibility of
                                               Submitting Comments                                     located in Somervell County, Texas.                   a new or different kind of accident from
                                                                                                          The proposed exigent amendment                     any accident previously evaluated; or
                                               A. Obtaining Information                                would revise CPNPP TS 3.8.4, ‘‘DC                     (3) involve a significant reduction in a
                                                  Please refer to Docket ID NRC–2018–                  Sources—Operating,’’ to allow the                     margin of safety. As required by 10 CFR
                                               0205 or Docket No. 50–445 when                          licensee additional time to replace two               50.91(a), the licensee has provided its
                                               contacting the NRC about the                            affected battery cells in the Train B                 analysis of the issue of no significant
                                               availability of information for this                    safety-related batteries for CPNPP, Unit              hazards consideration, which is
                                               action. You may obtain publicly-                        No. 1. Specifically, the proposed one-                presented below:
                                               available information related to this                   time change would add a new Required
                                               action by any of the following methods:                 Action to TS 3.8.4, Condition B, to                      1. Do the proposed changes involve a
                                                                                                                                                             significant increase in the probability or
                                                  • Federal Rulemaking Website: Go to                  extend the completion time from 2
                                                                                                                                                             consequences of an accident previously
                                               http://www.regulations.gov and search                   hours to 18 hours to repair each affected             evaluated?
                                               for Docket ID NRC–2018–0205.                            battery cell. On November 8, 2017, the                   Response: No.
                                                  • NRC’s Agencywide Documents                         licensee experienced cell jar cracking on                The proposed changes add provisions to
                                               Access and Management System                            cell 41 in battery BT1ED4. On July 2,                 increase the COMPLETION TIME (CT) from
                                               (ADAMS): You may obtain publicly-                       2018, the licensee experienced cell jar               two hours to eighteen hours, on a one-time
                                               available documents online in the                       cracking on cell 27 in battery BT1ED2.                basis for Comanche Peak Nuclear Power
                                               ADAMS Public Documents collection at                    Both affected battery cells have been                 Plant Class 1E Batteries BT1ED2 and
                                               http://www.nrc.gov/reading-rm/                          jumpered out to restore operability of                BT1ED4. This one-time increase will only be
                                                                                                                                                             used once per battery during Unit 1 Cycle 20
                                               adams.html. To begin the search, select                 Unit No. 1, Train B batteries BT1ED4
                                                                                                                                                             (not at the same time). An additional
                                               ‘‘Begin Web-based ADAMS Search.’’ For                   and BT1ED2. The licensee stated that by               REQUIRED ACTION, new Note, and
                                               problems with ADAMS, please contact                     replacing the affected battery cells, the             associated COMPLETION TIME is specified
                                               the NRC’s Public Document Room (PDR)                    licensee would regain margin on its                   when batteries BT1ED2 and BT1ED4,
                                               reference staff at 1–800–397–4209, 301–                 safety-related batteries.                             associated with the plant Class 1 E Direct
                                               415–4737, or by email to pdr.resource@                     In accordance with the requirements                Current (DC) electrical power subsystem, are
                                               nrc.gov. The license amendment request                  of paragraph 50.91(a)(6) of title 10 of the           declared inoperable to replace a jumpered
                                               dated September 5, 2018, is available in                Code of Federal Regulations (10 CFR),                 cell. The proposed changes do not physically
                                                                                                       the licensee requested approval of the                alter any plant structures, systems, or
                                               ADAMS under Accession No.                                                                                     components, and are not accident initiators:
                                               ML18250A186.                                            amendment under exigent
                                                                                                                                                             therefore, there is no effect on the probability
                                                  • NRC’s PDR: You may examine and                     circumstances. The licensee stated that               of accidents previously evaluated. As part of
                                               purchase copies of public documents at                  exigent approval was needed to avoid a                the single failure design feature, loss of any
                                               the NRC’s PDR, Room O1–F21, One                         potential shutdown in the event of an                 one DC electrical power subsystem does not
                                               White Flint North, 11555 Rockville                      unanticipated second battery cell failure             prevent the minimum safety function from
                                               Pike, Rockville, Maryland 20852.                        on either of the CPNPP, Unit No. 1,                   being performed. Also, the proposed changes
                                                                                                       Train B batteries. In addition, the                   do not affect the type or amounts of
                                               B. Submitting Comments                                  licensee stated that it had made a good               radionuclides release following an accident,
                                                 Please include Docket ID NRC–2018–                                                                          or affect the initiation and duration of their
                                                                                                       faith effort to submit the license
                                                                                                                                                             release. Therefore, the consequences of
                                               0205 in your comment submission.                        amendment request in a timely manner                  accidents previously evaluated, which rely
                                                 The NRC cautions you not to include                   following the failure of one of the                   on the safety related Class 1E battery to
                                               identifying or contact information that                 affected battery cells in July 2018. The              mitigate, are not significantly increased.
                                               you do not want to be publicly                          licensee requested an issuance date of                   Therefore, the proposed change does not
                                               disclosed in your comment submission.                   October 3, 2018, to support replacement               involve a significant increase in the
                                               The NRC will post all comment                           of the two Unit No. 1, Train B battery                probability or consequences of an accident
                                               submissions at http://                                  cells during CPNPP, Unit 1, Cycle 20.                 previously evaluated.
                                               www.regulations.gov as well as enter the                                                                         2. Do the proposed changes create the
                                                                                                       Based on its evaluation of the licensee’s
                                                                                                                                                             possibility of a new or different kind of
                                               comment submissions into ADAMS.                         request, the NRC staff finds that exigent             accident from any accident previously
                                               The NRC does not routinely edit                         circumstances exist. Therefore, in                    evaluated?
                                               comment submissions to remove                           accordance with 10 CFR                                   Response: No.
                                               identifying or contact information.                     50.91(a)(6)(i)(A), the NRC staff is                      The proposed changes do not involve a
                                                 If you are requesting or aggregating                  providing a 14-day notice period for                  change in design, configuration, or method of
                                               comments from other persons for                         public comment.                                       operation of the plant. The proposed changes
                                               submission to the NRC, then you should                     Before any issuance of the proposed                will not alter the manner in which
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                                               inform those persons not to include                     license amendment, the NRC will need                  equipment is operated, nor will the
                                               identifying or contact information that                                                                       functional demands on credited equipment
                                                                                                       to make the findings required by the
                                                                                                                                                             be changed. The proposed changes do not
                                               they do not want to be publicly                         Atomic Energy Act of 1954, as amended                 impact the interaction of any systems whose
                                               disclosed in their comment submission.                  (the Act), and NRC’s regulations.                     failure or malfunction can initiate an
                                               Your request should state that the NRC                     Pursuant to 10 CFR 50.91(a)(6), for                accident. There are no identified redundant
                                               does not routinely edit comment                         amendments to be granted under                        components affected by these changes and
                                               submissions to remove such information                  exigent circumstances, the NRC has                    thus there are no new common cause failures



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                                                                         Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices                                           47205

                                               or any existing common cause failures that              provided that its final determination is              sources and documents on which the
                                               are affected by extending the CT. The                   that the amendment involves no                        petitioner intends to rely to support its
                                               proposed changes do not create any new                  significant hazards consideration. The                position on the issue. The petition must
                                               failure modes.                                          final determination will consider all                 include sufficient information to show
                                                  Therefore, the proposed change does not
                                               create the possibility of a new or different            public and State comments received. If                that a genuine dispute exists with the
                                               kind of accident from any previously                    the Commission takes this action, it will             applicant or licensee on a material issue
                                               evaluated.                                              publish in the Federal Register a notice              of law or fact. Contentions must be
                                                  3. Does the proposed change involve a                of issuance. The Commission expects                   limited to matters within the scope of
                                               significant reduction in a margin of safety?            that the need to take this action will                the proceeding. The contention must be
                                                  Response: No.                                        occur very infrequently.                              one which, if proven, would entitle the
                                                  The proposed changes are based upon a                                                                      petitioner to relief. A petitioner who
                                               deterministic evaluation. This evaluation is            III. Opportunity To Request a Hearing
                                                                                                                                                             fails to satisfy the requirements at 10
                                               supplemented by risk information.                       and Petition for Leave To Intervene
                                                                                                                                                             CFR 2.309(f) with respect to at least one
                                                  The deterministic evaluation concluded                  Within 60 days after the date of
                                               with one inoperable battery associated with                                                                   contention will not be permitted to
                                               the Class 1E DC electrical power subsystem,
                                                                                                       publication of this notice, any persons               participate as a party.
                                               the redundant OPERABLE Class 1E DC                      (petitioner) whose interest may be                       Those permitted to intervene become
                                               electrical power subsystems will be able to             affected by this action may file a request            parties to the proceeding, subject to any
                                               perform the safety function as described in             for a hearing and petition for leave to               limitations in the order granting leave to
                                               the accident analysis.                                  intervene (petition) with respect to the              intervene. Parties have the opportunity
                                                  Supplemental risk information supporting             action. Petitions shall be filed in                   to participate fully in the conduct of the
                                               this license amendment request concluded                accordance with the Commission’s                      hearing with respect to resolution of
                                               that the additional REQUIRED ACTION, new                ‘‘Agency Rules of Practice and                        that party’s admitted contentions,
                                               Note, and associated COMPLETION TIME                    Procedure’’ in 10 CFR part 2. Interested
                                               have a negligible impact on overall plant risk
                                                                                                                                                             including the opportunity to present
                                               and is consistent with the NRC Safety Goal
                                                                                                       persons should consult a current copy                 evidence, consistent with the NRC’s
                                               Policy statement and the thresholds in                  of 10 CFR 2.309. The NRC’s regulations                regulations, policies, and procedures.
                                               Regulatory Guide (RG) 1.174, ‘‘An Approach              are accessible electronically from the                   Petitions must be filed no later than
                                               for Using Probabilistic Risk Assessment in              NRC Library on the NRC’s website at                   60 days from the date of publication of
                                               Risk-Informed Decisions on Plant-Specific               http://www.nrc.gov/reading-rm/doc-                    this notice. Petitions and motions for
                                               Changes to the Licensing Basis,’’ and RG                collections/cfr/. Alternatively, a copy of            leave to file new or amended
                                               1.177, ‘‘An Approach for Plant-Specific, Risk-          the regulations is available at the NRC’s             contentions that are filed after the
                                               Informed Decisionmaking: Technical                      Public Document Room, located at One                  deadline will not be entertained absent
                                               Specifications.’’                                       White Flint North, Room O1–F21, 11555                 a determination by the presiding officer
                                                  The deterministic evaluation and the                 Rockville Pike (first floor), Rockville,              that the filing demonstrates good cause
                                               supplemental risk information provide
                                               assurance that the plant Class 1E DC
                                                                                                       Maryland 20852. If a petition is filed,               by satisfying the three factors in 10 CFR
                                               electrical power subsystem will be able to              the Commission or a presiding officer                 2.309(c)(1)(i) through (iii). The petition
                                               perform its design function with a longer               will rule on the petition and, if                     must be filed in accordance with the
                                               COMPLETION TIME for inoperable batteries                appropriate, a notice of a hearing will be            filing instructions in the ‘‘Electronic
                                               BT1ED2 and BT1ED4 during Unit 1 Cycle 20,               issued.                                               Submissions (E-Filing)’’ section of this
                                               and risk is not significantly impacted by the              As required by 10 CFR 2.309(d) the                 document.
                                               change.                                                 petition should specifically explain the                 If a hearing is requested, and the
                                                  Therefore, the proposed change does not              reasons why intervention should be                    Commission has not made a final
                                               involve a significant reduction in a margin of          permitted with particular reference to                determination on the issue of no
                                               safety.                                                 the following general requirements for                significant hazards consideration, the
                                                  The NRC staff has reviewed the                       standing: (1) The name, address, and                  Commission will make a final
                                               licensee’s analysis and, based on this                  telephone number of the petitioner; (2)               determination on the issue of no
                                               review, it appears that the three                       the nature of the petitioner’s right under            significant hazards consideration. The
                                               standards of 10 CFR 50.92(c) are                        the Act to be made a party to the                     final determination will serve to
                                               satisfied. Therefore, the NRC staff                     proceeding; (3) the nature and extent of              establish when the hearing is held. If the
                                               proposes to determine that the license                  the petitioner’s property, financial, or              final determination is that the
                                               amendment request involves a no                         other interest in the proceeding; and (4)             amendment request involves no
                                               significant hazards consideration.                      the possible effect of any decision or                significant hazards consideration, the
                                                  The NRC is seeking public comments                   order which may be entered in the                     Commission may issue the amendment
                                               on this proposed determination that the                 proceeding on the petitioner’s interest.              and make it immediately effective,
                                               license amendment request involves no                      In accordance with 10 CFR 2.309(f),                notwithstanding the request for a
                                               significant hazards consideration. Any                  the petition must also set forth the                  hearing. Any hearing would take place
                                               comments received within 14 days after                  specific contentions which the                        after issuance of the amendment. If the
                                               the date of publication of this notice                  petitioner seeks to have litigated in the             final determination is that the
                                               will be considered in making any final                  proceeding. Each contention must                      amendment request involves a
                                               determination.                                          consist of a specific statement of the                significant hazards consideration, then
                                                  Normally, the Commission will not                    issue of law or fact to be raised or                  any hearing held would take place
                                               issue the amendment until the                           controverted. In addition, the petitioner             before the issuance of the amendment
                                               expiration of the 14-day notice period.                 must provide a brief explanation of the               unless the Commission finds an
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                                               However, if circumstances change                        bases for the contention and a concise                imminent danger to the health or safety
                                               during the notice period, such that                     statement of the alleged facts or expert              of the public, in which case it will issue
                                               failure to act in a timely way would                    opinion which support the contention                  an appropriate order or rule under 10
                                               result, for example, in shutdown of the                 and on which the petitioner intends to                CFR part 2.
                                               facility, the Commission may issue the                  rely in proving the contention at the                    A State, local governmental body,
                                               license amendment before the                            hearing. The petitioner must also                     Federally-recognized Indian Tribe, or
                                               expiration of the 14-day notice period,                 provide references to the specific                    agency thereof, may submit a petition to


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                                               47206                     Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices

                                               the Commission to participate as a party                e-submittals.html. Participants may not                  A person filing electronically using
                                               under 10 CFR 2.309(h)(1). The petition                  submit paper copies of their filings                  the NRC’s adjudicatory E-Filing system
                                               should state the nature and extent of the               unless they seek an exemption in                      may seek assistance by contacting the
                                               petitioner’s interest in the proceeding.                accordance with the procedures                        NRC’s Electronic Filing Help Desk
                                               The petition should be submitted to the                 described below.                                      through the ‘‘Contact Us’’ link located
                                               Commission no later than 60 days from                      To comply with the procedural                      on the NRC’s public website at http://
                                               the date of publication of this notice.                 requirements of E-Filing, at least 10                 www.nrc.gov/site-help/e-
                                               The petition must be filed in accordance                days prior to the filing deadline, the                submittals.html, by email to
                                               with the filing instructions in the                     participant should contact the Office of              MSHD.Resource@nrc.gov, or by a toll-
                                               ‘‘Electronic Submissions (E-Filing)’’                   the Secretary by email at                             free call at 1–866–672–7640. The NRC
                                               section of this document, and should                    hearing.docket@nrc.gov, or by telephone               Electronic Filing Help Desk is available
                                               meet the requirements for petitions set                 at 301–415–1677, to (1) request a digital             between 9 a.m. and 6 p.m., Eastern
                                               forth in this section, except that under                identification (ID) certificate, which                Time, Monday through Friday,
                                               10 CFR 2.309(h)(2) a State, local                       allows the participant (or its counsel or             excluding government holidays.
                                               governmental body, or Federally-                        representative) to digitally sign                        Participants who believe that they
                                               recognized Indian Tribe, or agency                      submissions and access the E-Filing                   have a good cause for not submitting
                                               thereof does not need to address the                    system for any proceeding in which it                 documents electronically must file an
                                               standing requirements in 10 CFR                         is participating; and (2) advise the                  exemption request, in accordance with
                                               2.309(d) if the facility is located within              Secretary that the participant will be                10 CFR 2.302(g), with their initial paper
                                               its boundaries. Alternatively, a State,                 submitting a petition or other                        filing stating why there is good cause for
                                               local governmental body, Federally-                     adjudicatory document (even in                        not filing electronically and requesting
                                               recognized Indian Tribe, or agency                      instances in which the participant, or its            authorization to continue to submit
                                               thereof may participate as a non-party                  counsel or representative, already holds              documents in paper format. Such filings
                                               under 10 CFR 2.315(c).                                  an NRC-issued digital ID certificate).                must be submitted by: (1) First class
                                                  If a hearing is granted, any person                  Based upon this information, the                      mail addressed to the Office of the
                                               who is not a party to the proceeding and                Secretary will establish an electronic                Secretary of the Commission, U.S.
                                               is not affiliated with or represented by                docket for the hearing in this proceeding             Nuclear Regulatory Commission,
                                               a party may, at the discretion of the                   if the Secretary has not already                      Washington, DC 20555–0001, Attention:
                                               presiding officer, be permitted to make                 established an electronic docket.                     Rulemaking and Adjudications Staff; or
                                               a limited appearance pursuant to the                       Information about applying for a                   (2) courier, express mail, or expedited
                                               provisions of 10 CFR 2.315(a). A person                 digital ID certificate is available on the            delivery service to the Office of the
                                               making a limited appearance may make                    NRC’s public website at http://                       Secretary, 11555 Rockville Pike,
                                               an oral or written statement of his or her              www.nrc.gov/site-help/e-submittals/                   Rockville, Maryland 20852, Attention:
                                               position on the issues but may not                      getting-started.html. Once a participant              Rulemaking and Adjudications Staff.
                                               otherwise participate in the proceeding.                has obtained a digital ID certificate and             Participants filing adjudicatory
                                               A limited appearance may be made at                     a docket has been created, the                        documents in this manner are
                                               any session of the hearing or at any                    participant can then submit                           responsible for serving the document on
                                               prehearing conference, subject to the                   adjudicatory documents. Submissions                   all other participants. Filing is
                                               limits and conditions as may be                         must be in Portable Document Format                   considered complete by first-class mail
                                               imposed by the presiding officer. Details               (PDF). Additional guidance on PDF                     as of the time of deposit in the mail, or
                                               regarding the opportunity to make a                     submissions is available on the NRC’s                 by courier, express mail, or expedited
                                               limited appearance will be provided by                  public website at http://www.nrc.gov/                 delivery service upon depositing the
                                               the presiding officer if such sessions are              site-help/electronic-sub-ref-mat.html. A              document with the provider of the
                                               scheduled.                                              filing is considered complete at the time             service. A presiding officer, having
                                                                                                       the document is submitted through the                 granted an exemption request from
                                               IV. Electronic Submissions (E-Filing)                   NRC’s E-Filing system. To be timely, an               using E-Filing, may require a participant
                                                 All documents filed in NRC                            electronic filing must be submitted to                or party to use E-Filing if the presiding
                                               adjudicatory proceedings, including a                   the E-Filing system no later than 11:59               officer subsequently determines that the
                                               request for hearing and petition for                    p.m. Eastern Time on the due date.                    reason for granting the exemption from
                                               leave to intervene (petition), any motion               Upon receipt of a transmission, the E-                use of E-Filing no longer exists.
                                               or other document filed in the                          Filing system time-stamps the document                   Documents submitted in adjudicatory
                                               proceeding prior to the submission of a                 and sends the submitter an email notice               proceedings will appear in the NRC’s
                                               request for hearing or petition to                      confirming receipt of the document. The               electronic hearing docket which is
                                               intervene, and documents filed by                       E-Filing system also distributes an email             available to the public at https://
                                               interested governmental entities that                   notice that provides access to the                    adams.nrc.gov/ehd, unless excluded
                                               request to participate under 10 CFR                     document to the NRC’s Office of the                   pursuant to an order of the Commission
                                               2.315(c), must be filed in accordance                   General Counsel and any others who                    or the presiding officer. If you do not
                                               with the NRC’s E-Filing rule (72 FR                     have advised the Office of the Secretary              have an NRC-issued digital ID certificate
                                               49139; August 28, 2007, as amended at                   that they wish to participate in the                  as described above, click cancel when
                                               77 FR 46562; August 3, 2012). The E-                    proceeding, so that the filer need not                the link requests certificates and you
                                               Filing process requires participants to                 serve the document on those                           will be automatically directed to the
                                               submit and serve all adjudicatory                       participants separately. Therefore,                   NRC’s electronic hearing dockets where
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                                               documents over the internet, or in some                 applicants and other participants (or                 you will be able to access any publicly
                                               cases to mail copies on electronic                      their counsel or representative) must                 available documents in a particular
                                               storage media. Detailed guidance on                     apply for and receive a digital ID                    hearing docket. Participants are
                                               making electronic submissions may be                    certificate before adjudicatory                       requested not to include personal
                                               found in the Guidance for Electronic                    documents are filed so that they can                  privacy information, such as social
                                               Submissions to the NRC and on the NRC                   obtain access to the documents via the                security numbers, home addresses, or
                                               website at http://www.nrc.gov/site-help/                E-Filing system.                                      personal phone numbers in their filings,


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                                                                         Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices                                          47207

                                               unless an NRC regulation or other law                   prescribed under Section 14(a) in                     SECURITIES AND EXCHANGE
                                               requires submission of such                             connection with a meeting of security                 COMMISSION
                                               information. For example, in some                       holders (including action by consent) to
                                               instances, individuals provide home                     distribute to any holders that were not               [Release No. 34–84089; File No. SR–MIAX–
                                               addresses in order to demonstrate                       solicited an information statement                    2018–24]
                                               proximity to a facility or site. With                   substantially equivalent to the
                                               respect to copyrighted works, except for                                                                      Self-Regulatory Organizations; Miami
                                                                                                       information that would be required to
                                               limited excerpts that serve the purpose                                                                       International Securities Exchange,
                                                                                                       be transmitted if a proxy or consent                  LLC; Notice of Filing and Immediate
                                               of the adjudicatory filings and would                   solicitation were made. Regulation 14C
                                               constitute a Fair Use application,                                                                            Effectiveness of a Proposed Rule
                                                                                                       (Exchange Act Rules 14c–1 through                     Change To Amend Exchange Rule
                                               participants are requested not to include               14c–7 and Schedule 14C) (17 CFR
                                               copyrighted materials in their                                                                                404A, Select Provisions of Options
                                                                                                       240.14c–1 through 240.14c–7 and                       Listing Procedures Plan, Rule 406,
                                               submission.
                                                                                                       240.14c–101) sets forth the requirements              Long-Term Option Contracts, and Rule
                                                 For further details with respect to this
                                                                                                       for the dissemination, content and filing             1809, Terms of Index Options
                                               action, see the application for license
                                               amendment dated September 5, 2018.                      of the information statement. We                      Contracts
                                                 Attorney for Licensee: Timothy P.                     estimate that Schedule 14C takes
                                                                                                       approximately 130.9197 hours per                      September 12, 2018.
                                               Matthews, Esq., Morgan, Lewis and                                                                                Pursuant to the provisions of Section
                                               Bockius, 1111 Pennsylvania Avenue                       response and will be filed by
                                                                                                       approximately 569 issuers annually. In                19(b)(1) of the Securities Exchange Act
                                               NW, Washington, DC 20004.                                                                                     of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                 NRC Acting Branch Chief: Thomas J.                    addition, we estimate that 75% of the
                                                                                                       130.9197 hours per response (98.1898                  thereunder,2 notice is hereby given that
                                               Wengert.
                                                                                                       hours) is prepared by the issuer for an               on August 30, 2018, Miami International
                                                 Dated at Rockville, Maryland, this 13th day                                                                 Securities Exchange, LLC (‘‘MIAX
                                               of September 2018.                                      annual reporting burden of 55,870 hours
                                                                                                                                                             Options’’ or the ‘‘Exchange’’) filed with
                                                 For the Nuclear Regulatory Commission.                (98.1898 hours per response × 569
                                                                                                                                                             the Securities and Exchange
                                               Margaret W. O’Banion,                                   responses).                                           Commission (‘‘Commission’’) a
                                               Project Manager, Plant Licensing Branch IV,                Written comments are invited on: (a)               proposed rule change as described in
                                               Division of Operating Reactor Licensing,                Whether this collection of information                Items I and II below, which Items have
                                               Office of Nuclear Reactor Regulation.                   is necessary for the proper performance               been prepared by the Exchange. The
                                               [FR Doc. 2018–20211 Filed 9–17–18; 8:45 am]             of the functions of the agency, including             Commission is publishing this notice to
                                               BILLING CODE 7590–01–P                                  whether the information will have                     solicit comments on the proposed rule
                                                                                                       practical utility; (b) the accuracy of the            change from interested persons.
                                                                                                       agency’s estimate of the burden imposed               I. Self-Regulatory Organization’s
                                               SECURITIES AND EXCHANGE                                 by the collection of information; (c)                 Statement of the Terms of Substance of
                                               COMMISSION                                              ways to enhance the quality, utility, and             the Proposed Rule Change
                                                                                                       clarity of the information collected; and
                                               Proposed Collection; Comment                            (d) ways to minimize the burden of the                   The Exchange is filing a proposal to
                                               Request                                                 collection of information on                          amend Rule 404A, Select Provisions of
                                                                                                                                                             Options Listing Procedures Plan, Rule
                                               Upon Written Request Copies Available                   respondents, including through the use
                                                                                                                                                             406, Long-Term Option Contracts, and
                                                From: Securities and Exchange                          of automated collection techniques or
                                                                                                                                                             Rule 1809, Terms of Index Options
                                                Commission, Office of FOIA Services,                   other forms of information technology.                Contracts.
                                                100 F Street NE, Washington, DC                        Consideration will be given to                           The text of the proposed rule change
                                                20549–2736                                             comments and suggestions submitted in                 is available on the Exchange’s website at
                                               Extension:                                              writing within 60 days of this                        http://www.miaxoptions.com/rule-
                                                 Regulation 14C (Commission Rules 14c–1                publication.                                          filings/ at MIAX Options’ principal
                                                   through 14c–7 and Schedule 14C), SEC                   An agency may not conduct or                       office, and at the Commission’s Public
                                                   File No. 270–057, OMB Control No.                                                                         Reference Room.
                                                   3235–0057
                                                                                                       sponsor, and a person is not required to
                                                                                                       respond to, a collection of information               II. Self-Regulatory Organization’s
                                                  Notice is hereby given that, pursuant                unless it displays a currently valid
                                               to the Paperwork Reduction Act of 1995                                                                        Statement of the Purpose of, and
                                                                                                       control number.                                       Statutory Basis for, the Proposed Rule
                                               (44 U.S.C. 3501 et seq.), the Securities
                                               and Exchange Commission                                    Please direct your written comments                Change
                                               (‘‘Commission’’) is soliciting comments                 to Pamela Dyson, Director/Chief                         In its filing with the Commission, the
                                               on the collection of information                        Information Officer, Securities and                   Exchange included statements
                                               summarized below. The Commission                        Exchange Commission, c/o Candace                      concerning the purpose of and basis for
                                               plans to submit this existing collection                Kenner, 100 F Street NE, Washington,                  the proposed rule change and discussed
                                               of information to the Office of                         DC 20549 or send an email to: PRA_                    any comments it received on the
                                               Management and Budget for extension                     Mailbox@sec.gov.                                      proposed rule change. The text of these
                                               and approval.                                             Dated: September 12, 2018.                          statements may be examined at the
                                                  Section 14(c) of the Securities                                                                            places specified in Item IV below. The
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       Eduardo A. Aleman,
                                               Exchange Act of 1934 (the ‘‘Exchange                                                                          Exchange has prepared summaries, set
                                                                                                       Assistant Secretary.
                                               Act’’) operates to require issuers that do                                                                    forth in sections A, B, and C below, of
                                               not solicit proxies or consents from any                [FR Doc. 2018–20278 Filed 9–17–18; 8:45 am]           the most significant aspects of such
                                               or all of the holders of record of a class              BILLING CODE 8011–01–P                                statements.
                                               of securities registered under Section 12
                                               of the Exchange Act and in accordance                                                                           1 15   U.S.C. 78s(b)(1).
                                               with the rules and regulations                                                                                  2 17   CFR 240.19b–4.



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Document Created: 2018-09-18 01:18:11
Document Modified: 2018-09-18 01:18:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment application; opportunity to comment, request a hearing, and petition for leave to intervene.
DatesSubmit comments by October 2, 2018. Requests for a hearing or petition for leave to intervene must be filed by November 19, 2018.
ContactMargaret O'Banion, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1233, email: Margaret.O'[email protected]
FR Citation83 FR 47203 

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