83 FR 47372 - Vogtle Electric Generating Plant, Units 3 and 4

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 182 (September 19, 2018)

Page Range		47372-47375
FR Document		2018-20322

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment and exemption to Combined Licenses (NPF-91 and NPF-92), issued to Southern Nuclear Operating Company, Inc. (SNC), and Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia, and the City of Dalton, Georgia (collectively, SNC), for construction and operation of the Vogtle Electric Generating Plant (VEGP), Units 3 and 4, located in Burke County, Georgia.

Federal Register, Volume 83 Issue 182 (Wednesday, September 19, 2018)

[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Pages 47372-47375]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-20322]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 052-00025 and 052-00026; NRC-2008-0252]

Vogtle Electric Generating Plant, Units 3 and 4

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; notice of 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 and exemption to Combined Licenses (NPF-91 and
NPF-92), issued to Southern Nuclear Operating Company, Inc. (SNC), and
Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM,
LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia,
and the City of Dalton, Georgia (collectively, SNC), for construction
and operation of the Vogtle Electric Generating Plant (VEGP), Units 3
and 4, located in Burke County, Georgia.

DATES: Comments must be filed by October 19, 2018. A request for a
hearing 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-2008-0252. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: Jennifer.Borges@nrc.gov. For technical
questions, contact the individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
Mail comments to: May Ma, Office of Administration, Mail
Stop: TWFN-7-A60, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: William (Billy) Gleaves, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-000;
telephone: 301-415-5848; email: Bill.Gleaves@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2008-0252 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-2008-0252.
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 pdr.resource@nrc.gov. The application for amendment is
dated August 30, 2018, is available in ADAMS under Accession No.
ML18242A039.
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-2008-0252 in your comment submission.

[[Page 47373]]

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 posts all comment submissions at http://www.regulations.gov as well as entering 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 submissions into ADAMS.

II. Introduction

The NRC is considering issuance of an amendment to facility
Combined License Nos. NPF-91 and NPF-92, issued to SNC for operation of
the VEGP Units 3 and 4, located in Burke County, Georgia.
The proposed changes would revise the Combined Licenses to revise
the description and scope of the Initial Test Program (ITP) to remove
component testing as a separately identified program or phase of the
ITP, i.e., the Component Test Program. The requested amendment requires
changes to the VEGP Updated Final Safety Analysis Report in the form of
departures from the incorporated plant-specific Design Control Document
(DCD) Tier 2 information and involves changes to related plant-specific
Tier 1 information with corresponding changes to the associated
Combined License information. Because, this proposed changes require a
departure from Tier 1 information in the Westinghouse Electric
Company's AP1000 DCD, the licensee also requested an exemption from the
requirements of the Generic DCD Tier 1 in accordance with section
52.63(b)(1) of title 10 of the Code of Federal Regulations (10 CFR).
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in 10 CFR 50.92, this means that operation of the
facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below.

1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendment is related to the conduct of the ITP. The
proposed changes are made in compliance with the applicable
regulatory guides, are only related to the general aspects of how
the program is executed and do not change any technical content for
preoperational or startup tests. No changes are made to any design
aspect of the plant. Therefore, the proposed amendment does not
involve a significant increase in the probability or consequences of
an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed amendment is related to the conduct of the ITP. The
proposed changes are made in compliance with the applicable
regulatory guides, are only related to the general aspects of how
the program is executed and do not change any technical content for
preoperational or startup tests. These changes do not affect the
design or analyzed operation of any system. Therefore, the proposed
amendment does not create the possibility of a new or different kind
of accident.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed amendment is related to the conduct of the ITP. The
proposed changes are made in compliance with the applicable
regulatory guides, are only related to the general aspects of how
the program is executed and do not change any technical content for
preoperational or startup tests. No safety analysis or design basis
acceptance limit/criterion is challenged or exceeded by the proposed
changes, thus no margin of safety is reduced. Therefore, the
proposed amendment 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 no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period should circumstances change during the 30-day comment period
such that failure to act in a timely way would result, for example, in
derating or shutdown of the facility. Should the Commission take action
prior to the expiration of either the comment period or the notice
period, the Commission will publish a notice of issuance in the Federal
Register. Should the Commission make a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.

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

Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and a petition 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, which is available at the NRC's PDR, located at One White Flint
North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852. 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/. If a petition is filed within 60 days,
the Commission or a presiding officer designated by the Commission or
by the Chief Administrative Judge of the Atomic Safety and Licensing
Board Panel, will rule on the petition; and the Secretary or the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition shall set forth with
particularity

[[Page 47374]]

the interest of the petitioner in the proceeding, and how that interest
may be affected by the results of the proceeding. The petition should
specifically explain the reasons why intervention should be permitted
with particular reference to the following general requirements: (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. The petition must also set forth the
specific contentions which the petitioner seeks to have litigated at
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 shall 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 those specific sources and
documents of which the petitioner is aware and on which the petitioner
intends to rely to establish those facts or expert opinion to support
its position on the issue. The petition must include sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact. Contentions shall 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 these requirements 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,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions consistent with the NRC's regulations, policies, and
procedures.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Requests for hearing,
petitions for leave to intervene, and motions for leave to file new or
amended contentions that are filed after the 60-day 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).
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 decide 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 held
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 any amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1).
The petition should state the nature and extent of the petitioner's
interest in the proceeding. The petition should be submitted to the
Commission by November 19, 2018. 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. A State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in 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 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, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene (hereinafter
``petition''), and documents filed by interested governmental entities
participating 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. Participants may
not submit paper copies of their filings unless they seek an exemption
in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition (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. System requirements for accessing
the E-Submittal server are available on the NRC's public website at
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.html.
Participants may attempt to use other software not listed on the
website, but should note that the NRC's E-Filing system does not
support unlisted software, and the NRC Electronic Filing Help Desk will
not be able to offer assistance in using unlisted software.

[[Page 47375]]

Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a petition.
Submissions should 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 documents are 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 documents on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before a hearing petition to intervene is filed
so that they can obtain access to the document via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at http://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 7 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 a document 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. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, in some instances, a request to intervene will require
including information on local residence in order to demonstrate a
proximity assertion of interest in the proceeding. 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 August 30, 2018.
Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham
LLP, 1710 Sixth Avenue North, Birmingham, AL 35203-2015.
NRC Branch Chief: Jennifer Dixon-Herrity.

Dated at Rockville, Maryland, this 14th day of September 2018.

For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of Licensing, Siting, and
Environmental Analysis, Office of New Reactors.
[FR Doc. 2018-20322 Filed 9-18-18; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices 47373

The NRC cautions you not to include in accordance with the proposed license amendment request involves no
identifying or contact information that amendment would not (1) involve a significant hazards consideration. Any
you do not want to be publicly significant increase in the probability or comments received within 30 days after
disclosed in your comment submission. consequences of an accident previously the date of publication of this notice
The NRC posts all comment evaluated; or (2) create the possibility of will be considered in making any final
submissions at http:// a new or different kind of accident from determination.
www.regulations.gov as well as entering any accident previously evaluated; or Normally, the Commission will not
the comment submissions into ADAMS. (3) involve a significant reduction in a issue the amendment until the
The NRC does not routinely edit margin of safety. As required by 10 CFR expiration of 60 days after the date of
comment submissions to remove 50.91(a), the licensee has provided its publication of this notice. The
identifying or contact information. analysis of the issue of no significant Commission may issue the license
If you are requesting or aggregating hazards consideration, which is amendment before expiration of the 60-
comments from other persons for presented below. day notice period if the Commission
submission to the NRC, then you should concludes the amendment involves no
1. Does the proposed amendment involve
inform those persons not to include a significant increase in the probability or significant hazards consideration. In
identifying or contact information that consequences of an accident previously addition, the Commission may issue the
they do not want to be publicly evaluated? amendment prior to the expiration of
disclosed in their comment submission. Response: No. the 30-day comment period should
Your request should state that the NRC The proposed amendment is related to the circumstances change during the 30-day
does not routinely edit comment conduct of the ITP. The proposed changes are comment period such that failure to act
submissions to remove such information made in compliance with the applicable in a timely way would result, for
before making the comment regulatory guides, are only related to the example, in derating or shutdown of the
general aspects of how the program is
submissions available to the public or facility. Should the Commission take
executed and do not change any technical
entering the comment submissions into content for preoperational or startup tests. No action prior to the expiration of either
ADAMS. changes are made to any design aspect of the the comment period or the notice
plant. Therefore, the proposed amendment period, the Commission will publish a
II. Introduction
does not involve a significant increase in the notice of issuance in the Federal
The NRC is considering issuance of an probability or consequences of an accident Register. Should the Commission make
amendment to facility Combined previously evaluated. a final no significant hazards
License Nos. NPF–91 and NPF–92, 2. Does the proposed amendment create consideration determination, any
issued to SNC for operation of the VEGP the possibility of a new or different kind of hearing will take place after issuance.
Units 3 and 4, located in Burke County, accident from any accident previously
The Commission expects that the need
Georgia. evaluated?
Response: No. to take this action will occur very
The proposed changes would revise infrequently.
The proposed amendment is related to the
the Combined Licenses to revise the conduct of the ITP. The proposed changes are
description and scope of the Initial Test III. Opportunity To Request a Hearing
made in compliance with the applicable
Program (ITP) to remove component and Petition for Leave To Intervene
regulatory guides, are only related to the
testing as a separately identified general aspects of how the program is Within 60 days after the date of
program or phase of the ITP, i.e., the executed and do not change any technical publication of this notice, any persons
Component Test Program. The content for preoperational or startup tests. (petitioner) whose interest may be
requested amendment requires changes These changes do not affect the design or affected by this action may file a request
to the VEGP Updated Final Safety analyzed operation of any system. Therefore, for a hearing and a petition to intervene
the proposed amendment does not create the
Analysis Report in the form of possibility of a new or different kind of
(petition) with respect to the action.
departures from the incorporated plant- accident. Petitions shall be filed in accordance
specific Design Control Document 3. Does the proposed amendment involve with the Commission’s ‘‘Agency Rules
(DCD) Tier 2 information and involves a significant reduction in a margin of safety? of Practice and Procedure’’ in 10 CFR
changes to related plant-specific Tier 1 Response: No. part 2. Interested persons should
information with corresponding changes The proposed amendment is related to the consult a current copy of 10 CFR 2.309,
to the associated Combined License conduct of the ITP. The proposed changes are which is available at the NRC’s PDR,
information. Because, this proposed made in compliance with the applicable located at One White Flint North, Room
regulatory guides, are only related to the
changes require a departure from Tier 1 O1–F21, 11555 Rockville Pike (first
general aspects of how the program is
information in the Westinghouse executed and do not change any technical floor), Rockville, Maryland 20852. The
Electric Company’s AP1000 DCD, the content for preoperational or startup tests. No NRC’s regulations are accessible
licensee also requested an exemption safety analysis or design basis acceptance electronically from the NRC Library on
from the requirements of the Generic limit/criterion is challenged or exceeded by the NRC’s website at http://
DCD Tier 1 in accordance with section the proposed changes, thus no margin of www.nrc.gov/reading-rm/doc-
52.63(b)(1) of title 10 of the Code of safety is reduced. Therefore, the proposed collections/cfr/. If a petition is filed
Federal Regulations (10 CFR). amendment does not involve a significant within 60 days, the Commission or a
Before any issuance of the proposed reduction in a margin of safety. presiding officer designated by the
license amendment, the NRC will need The NRC staff has reviewed the Commission or by the Chief
to make the findings required by the licensee’s analysis and, based on this Administrative Judge of the Atomic
Atomic Energy Act of 1954, as amended review, it appears that the three Safety and Licensing Board Panel, will
amozie on DSK3GDR082PROD with NOTICES1

(the Act), and NRC’s regulations. standards of 10 CFR 50.92(c) are rule on the petition; and the Secretary
The NRC has made a proposed satisfied. Therefore, the NRC staff or the Chief Administrative Judge of the
determination that the license proposes to determine that the license Atomic Safety and Licensing Board
amendment request involves no amendment request involves no Panel will issue a notice of a hearing or
significant hazards consideration. Under significant hazards consideration. an appropriate order.
the NRC’s regulations in 10 CFR 50.92, The NRC is seeking public comments As required by 10 CFR 2.309, a
this means that operation of the facility on this proposed determination that the petition shall set forth with particularity

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47374 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices

the interest of the petitioner in the by satisfying the three factors in 10 CFR presiding officer. Details regarding the
proceeding, and how that interest may 2.309(c)(1)(i) through (iii). opportunity to make a limited
be affected by the results of the If a hearing is requested, and the appearance will be provided by the
proceeding. The petition should Commission has not made a final presiding officer if such sessions are
specifically explain the reasons why determination on the issue of no scheduled.
intervention should be permitted with significant hazards consideration, the
Commission will make a final IV. Electronic Submissions (E-Filing)
particular reference to the following
general requirements: (1) The name, determination on the issue of no All documents filed in NRC
address, and telephone number of the significant hazards consideration. The adjudicatory proceedings, including a
petitioner; (2) the nature of the final determination will serve to decide request for hearing, a petition for leave
petitioner’s right under the Act to be when the hearing is held. If the final to intervene, any motion or other
made a party to the proceeding; (3) the determination is that the amendment document filed in the proceeding prior
nature and extent of the petitioner’s request involves no significant hazards to the submission of a request for
property, financial, or other interest in consideration, the Commission may hearing or petition to intervene
the proceeding; and (4) the possible issue the amendment and make it (hereinafter ‘‘petition’’), and documents
effect of any decision or order which immediately effective, notwithstanding filed by interested governmental entities
may be entered in the proceeding on the the request for a hearing. Any hearing participating under 10 CFR 2.315(c),
petitioner’s interest. The petition must held would take place after issuance of must be filed in accordance with the
also set forth the specific contentions the amendment. If the final NRC’s E-Filing rule (72 FR 49139;
which the petitioner seeks to have determination is that the amendment August 28, 2007, as amended at 77 FR
litigated at the proceeding. request involves a significant hazards 46562, August 3, 2012). The E-Filing
Each contention must consist of a consideration, then any hearing held process requires participants to submit
specific statement of the issue of law or would take place before the issuance of and serve all adjudicatory documents
fact to be raised or controverted. In any amendment unless the Commission over the internet, or in some cases to
addition, the petitioner shall provide a finds an imminent danger to the health mail copies on electronic storage media.
brief explanation of the bases for the or safety of the public, in which case it Participants may not submit paper
contention and a concise statement of will issue an appropriate order or rule copies of their filings unless they seek
the alleged facts or expert opinion under 10 CFR part 2. an exemption in accordance with the
which support the contention and on A State, local governmental body, procedures described below.
which the petitioner intends to rely in Federally-recognized Indian Tribe, or To comply with the procedural
proving the contention at the hearing. agency thereof, may submit a petition to requirements of E-Filing, at least 10
The petitioner must also provide the Commission to participate as a party days prior to the filing deadline, the
references to those specific sources and under 10 CFR 2.309(h)(1). participant should contact the Office of
documents of which the petitioner is The petition should state the nature the Secretary by email at
aware and on which the petitioner and extent of the petitioner’s interest in hearing.docket@nrc.gov, or by telephone
intends to rely to establish those facts or the proceeding. The petition should be at 301–415–1677, to request (1) a digital
expert opinion to support its position on submitted to the Commission by identification (ID) certificate, which
the issue. The petition must include November 19, 2018. The petition must allows the participant (or its counsel or
sufficient information to show that a be filed in accordance with the filing representative) to digitally sign
genuine dispute exists with the instructions in the ‘‘Electronic documents and access the E-Submittal
applicant on a material issue of law or Submissions (E-Filing)’’ section of this server for any proceeding in which it is
fact. Contentions shall be limited to document, and should meet the participating; and (2) advise the
matters within the scope of the requirements for petitions set forth in Secretary that the participant will be
proceeding. The contention must be one this section, except that under 10 CFR submitting a petition (even in instances
which, if proven, would entitle the 2.309(h)(2) a State, local governmental in which the participant, or its counsel
petitioner to relief. A petitioner who body, or Federally-recognized Indian or representative, already holds an NRC-
fails to satisfy these requirements with Tribe, or agency thereof does not need issued digital ID certificate). Based upon
respect to at least one contention will to address the standing requirements in this information, the Secretary will
not be permitted to participate as a 10 CFR 2.309(d) if the facility is located establish an electronic docket for the
party. within its boundaries. A State, local hearing in this proceeding if the
Those permitted to intervene become governmental body, Federally- Secretary has not already established an
parties to the proceeding, subject to any recognized Indian Tribe, or agency electronic docket.
limitations in the order granting leave to thereof may also have the opportunity to Information about applying for a
intervene, and have the opportunity to participate under 10 CFR 2.315(c). digital ID certificate is available on the
participate fully in the conduct of the If a hearing is granted, any person NRC’s public website at http://
hearing with respect to resolution of who does not wish, or is not qualified, www.nrc.gov/site-help/e-submittals/
that person’s admitted contentions to become a party to the proceeding getting-started.html. System
consistent with the NRC’s regulations, may, in the discretion of the presiding requirements for accessing the E-
policies, and procedures. officer, be permitted to make a limited Submittal server are available on the
Petitions for leave to intervene must appearance pursuant to the provisions NRC’s public website at http://
be filed no later than 60 days from the of 10 CFR 2.315(a). A person making a www.nrc.gov/site-help/e-submittals/
date of publication of this notice. limited appearance may make an oral or adjudicatory-sub.html. Participants may
amozie on DSK3GDR082PROD with NOTICES1

Requests for hearing, petitions for leave written statement of position on the attempt to use other software not listed
to intervene, and motions for leave to issues, but may not otherwise on the website, but should note that the
file new or amended contentions that participate in the proceeding. A limited NRC’s E-Filing system does not support
are filed after the 60-day deadline will appearance may be made at any session unlisted software, and the NRC
not be entertained absent a of the hearing or at any prehearing Electronic Filing Help Desk will not be
determination by the presiding officer conference, subject to the limits and able to offer assistance in using unlisted
that the filing demonstrates good cause conditions as may be imposed by the software.

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Document Created: 2018-09-19 02:55:32
Document Modified: 2018-09-19 02:55:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; notice of opportunity to comment, request a hearing, and petition for leave to intervene.
Dates		Comments must be filed by October 19, 2018. A request for a hearing must be filed by November 19, 2018.
Contact		William (Billy) Gleaves, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-000; telephone: 301-415-5848; email: [email protected]
FR Citation		83 FR 47372