83_FR_51167 83 FR 50971 - Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2

83 FR 50971 - Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50971-50975
FR Document2018-22016

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Facility Operating License Nos. NPF-87 and NPF-89, issued to Vistra Operations Company LLC (Vistra OpCo, the licensee), for operation of the Comanche Peak Nuclear Power Plant (CPNPP), Unit Nos. 1 and 2. The proposed exigent amendments would revise CPNPP Technical Specification (TS) 3.8.4, ``DC [Direct Current] Sources--Operating,'' by adding a new REQUIRED ACTION to CONDITION B and an extended COMPLETION TIME (CT), on a one-time basis, to repair two affected battery cells on the CPNPP Unit No. 1, Train B safety- related batteries. Specifically, the amendments would change the TS CT for each of the Unit No. 1, Train B safety-related batteries (BT1ED2 and BT1ED4) during Unit 1, Cycle 20, from 2 hours to 18 hours.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50971-50975]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22016]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-445 and 50-446; NRC-2018-0205]


Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, 
Unit Nos. 1 and 2

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 amendments to Facility Operating License Nos. NPF-87 and 
NPF-89, issued to Vistra Operations Company LLC (Vistra OpCo, the 
licensee), for operation of the Comanche Peak Nuclear Power Plant 
(CPNPP), Unit Nos. 1 and 2. The proposed exigent amendments would 
revise CPNPP Technical Specification (TS) 3.8.4, ``DC [Direct Current] 
Sources--Operating,'' by adding a new REQUIRED ACTION to CONDITION B 
and an extended COMPLETION TIME (CT), on a one-time basis, to repair 
two affected battery cells on the CPNPP Unit No. 1, Train B safety-
related batteries. Specifically, the amendments would change the TS CT 
for each of the Unit No. 1, Train B safety-related batteries (BT1ED2 
and BT1ED4) during Unit 1, Cycle 20, from 2 hours to 18 hours.

DATES: Submit comments by October 24, 2018. Requests for a hearing or 
petition for leave to intervene must be filed by December 10, 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.

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 Nos. 50-445 and 
50-446 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, as supplemented by letters dated September 20 and 
October 3, 2018 are available in ADAMS under Accession Nos. 
ML18250A186, ML18267A059, and ML18277A207, respectively.
     NRC's PDR: You may examine and purchase copies of public 
documents at

[[Page 50972]]

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 amendments to Facility Operating 
License Nos. NPF-87 and NPF-89, issued to Vistra OpCo, for operation of 
the CPNPP Unit Nos. 1 and 2, located in Somervell County, Texas.
    The proposed exigent amendments would revise CPNPP TS 3.8.4, ``DC 
Sources--Operating,'' by adding a new REQUIRED ACTION to CONDITION B 
and an extended CT, on a one-time basis, to repair two affected battery 
cells on the CPNPP Unit No. 1, Train B safety-related batteries. 
Specifically, the amendments would change the TS CT for each of the 
Unit No. 1, Train B safety-related batteries (BT1ED2 and BT1ED4) during 
Unit No. 1, Cycle 20, from 2 hours to 18 hours. The new REQUIRED ACTION 
B.2 would provide up to an 18 hour CT to replace cell 27 in battery 
BT1ED2 and up to an 18 hour CT to replace cell 41 in battery BT1ED4 
(not at the same time). In addition, the amendments would place 
operational limits on Unit Nos. 1 and 2 during the extended CT as 
protective measures, as described in Attachment 2 of the letter dated 
September 20, 2018.
    This notice is being reissued in its entirety due to the revised 
scope of the license amendment request resulting from the supplements 
dated September 20 and October 3, 2018.
    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 amendments 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 NRC staff 
determined that if a second battery cell were to fail on either of the 
CPNPP Unit No. 1, Train B batteries, the licensee would be unable to 
restore the affected battery(ies) to OPERABLE status within 2 hours and 
would be required to shutdown. In addition, the NRC staff determined 
that if the licensee requested license amendments under emergency 
circumstances per 10 CFR 50.91(a)(5) to extend the CT during the 2-hour 
CT, the staff would not have enough time to process the emergency 
amendments within the 2-hour CT and the licensee would be required to 
shutdown. As a result, the NRC staff finds that exigent circumstances 
exist.
    Before any issuance of the proposed license amendments, 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 
amendments 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 a revised analysis of the issue of no significant hazards 
consideration in letter dated October 3, 2018, 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. Regulatory 
Commitment 5644411 includes conditions (preventive measures) for 
Unit 1 and Unit 2 to reduce site risk for the planned replacement of 
cell 27 in battery BT1ED2 and cell 41 in battery BT1ED4. 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 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.

[[Page 50973]]

    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, 
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, supplemental risk information, and 
Regulatory Commitment 5644411 (conditions for Unit 1 and Unit 2) 
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. In accordance with 10 CFR 50.91(a)(6), where the 
Commission finds that exigent circumstances exist, in that a licensee 
and the Commission must act quickly and that time does not permit the 
Commission to publish a Federal Register notice allowing 30 days for 
prior public comment, and it also determines that the amendment 
involves no significant hazards considerations, it will issue a Federal 
Register notice providing notice of an opportunity for hearing and 
allowing at least two weeks from the date of the notice for prior 
public comment. 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.
    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 amendments 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 amendments 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

[[Page 50974]]

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

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

[[Page 50975]]

the link requests certificates and you will be automatically directed 
to the NRC's electronic hearing dockets where you will be able to 
access any publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated September 5, 2018, as 
supplemented by letters dated September 20, and October 3, 2018.
    Attorney for licensee: Timothy P. Matthews, Esq., Morgan, Lewis and 
Bockius, 1111 Pennsylvania Avenue NW, Washington, DC 20004.
    NRC Branch Chief: Robert J. Pascarelli.

    Dated at Rockville, Maryland, on October 4, 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. 2018-22016 Filed 10-9-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                         50971

                                              comment submission. The NRC will                        III. Specific Requests for Comments                   for leave to intervene must be filed by
                                              post all comment submissions at http://                    The NRC is seeking comments that                   December 10, 2018.
                                              www.regulations.gov as well as enter the                address the following questions:                      ADDRESSES: You may submit comments
                                              comment submissions into ADAMS,                            1. Is the proposed collection of                   by any of the following methods:
                                              and the NRC does not routinely edit                     information necessary for the NRC to                     • Federal Rulemaking website: Go to
                                              comment submissions to remove                           properly perform its functions? Does the              http://www.regulations.gov and search
                                              identifying or contact information.                     information have practical utility?                   for Docket ID NRC–2018–0205. Address
                                                If you are requesting or aggregating                     2. Is the estimate of the burden of the            questions about Docket IDs in
                                              comments from other persons for                         information collection accurate?                      regulations.gov to Jennifer Borges;
                                              submission to the NRC, then you should                     3. Is there a way to enhance the                   telephone: 301–287–9127; email:
                                              inform those persons not to include                     quality, utility, and clarity of the                  Jennifer.Borges@nrc.gov. For technical
                                              identifying or contact information that                 information to be collected?                          questions, contact the individual listed
                                              they do not want to be publicly                            4. How can the burden of the                       in the FOR FURTHER INFORMATION
                                              disclosed in their comment submission.                  information collection on respondents                 CONTACT section of this document.
                                              Your request should state that the NRC                  be minimized, including the use of                      • Mail comments to: May Ma, Office
                                              does not routinely edit comment                         automated collection techniques or                    of Administration, Mail Stop: TWFN–7–
                                              submissions to remove such information                  other forms of information technology?                A60M, U.S. Nuclear Regulatory
                                              before making the comment                                                                                     Commission, Washington, DC 20555–
                                                                                                        Dated at Rockville, Maryland, this 4th day
                                              submissions available to the public or                                                                        0001.
                                                                                                      of October 2018.
                                              entering the comment into ADAMS.                                                                                For additional direction on obtaining
                                                                                                        For the Nuclear Regulatory Commission.              information and submitting comments,
                                              II. Background                                          David Cullison,                                       see ‘‘Obtaining Information and
                                                 In accordance with the Paperwork                     NRC Clearance Officer, Office of the Chief            Submitting Comments’’ in the
                                              Reduction Act of 1995 (44 U.S.C.                        Information Officer.                                  SUPPLEMENTARY INFORMATION section of
                                              Chapter 35), the NRC is requesting                      [FR Doc. 2018–21993 Filed 10–9–18; 8:45 am]           this document.
                                              public comment on its intention to                      BILLING CODE 7590–01–P                                FOR FURTHER INFORMATION CONTACT:
                                              request the OMB’s approval for the                                                                            Margaret O’Banion, Office of Nuclear
                                              information collection summarized                                                                             Reactor Regulation, U.S. Nuclear
                                              below.                                                  NUCLEAR REGULATORY                                    Regulatory Commission, Washington,
                                                 1. The title of the information                      COMMISSION                                            DC 20555–0001; telephone: 301–415–
                                              collection: NRC Form 398, ‘‘Personal                    [Docket Nos. 50–445 and 50–446; NRC–                  1233, email: Margaret.O’Banion@
                                              Qualification Statement—Licensee.’’                     2018–0205]                                            nrc.gov.
                                                 2. OMB approval number: 3150–0090.
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                                 3. Type of submission: Extension.                    Vistra Operations Company LLC;
                                                 4. The form number, if applicable:                   Comanche Peak Nuclear Power Plant,                    I. Obtaining Information and
                                              NRC Form 398.                                           Unit Nos. 1 and 2                                     Submitting Comments
                                                 5. How often the collection is required
                                              or requested: Upon application for an                   AGENCY:  Nuclear Regulatory                           A. Obtaining Information
                                              initial or upgrade operator license and                 Commission.                                              Please refer to Docket ID NRC–2018–
                                              every six years for the renewal of                      ACTION: License amendment application;                0205 or Docket Nos. 50–445 and 50–446
                                              operator or senior operator licenses.                   opportunity to comment, request a                     when contacting the NRC about the
                                                 6. Who will be required or asked to                  hearing, and petition for leave to                    availability of information for this
                                              respond: Facility licensees who are                     intervene.                                            action. You may obtain publicly-
                                              tasked with certifying that the                                                                               available information related to this
                                              applicants and renewal operators are                    SUMMARY:   The U.S. Nuclear Regulatory                action by any of the following methods:
                                              qualified to be licensed as reactor                     Commission (NRC) is considering                          • Federal Rulemaking website: Go to
                                              operators and senior reactor operators.                 issuance of amendments to Facility                    http://www.regulations.gov and search
                                                 7. The estimated number of annual                    Operating License Nos. NPF–87 and                     for Docket ID NRC–2018–0205.
                                              responses: 1,074.                                       NPF–89, issued to Vistra Operations                      • NRC’s Agencywide Documents
                                                 8. The estimated number of annual                    Company LLC (Vistra OpCo, the                         Access and Management System
                                              respondents: 1,074.                                     licensee), for operation of the Comanche              (ADAMS): You may obtain publicly-
                                                 9. The estimated number of hours                     Peak Nuclear Power Plant (CPNPP),                     available documents online in the
                                              needed annually to comply with the                      Unit Nos. 1 and 2. The proposed exigent               ADAMS Public Documents collection at
                                              information collection requirement or                   amendments would revise CPNPP                         http://www.nrc.gov/reading-rm/
                                              request: 5,711                                          Technical Specification (TS) 3.8.4, ‘‘DC              adams.html. To begin the search, select
                                                 10. Abstract: NRC Form 398 is used to                [Direct Current] Sources—Operating,’’                 ‘‘Begin Web-based ADAMS Search.’’ For
                                              transmit detailed information required                  by adding a new REQUIRED ACTION to                    problems with ADAMS, please contact
                                              to be submitted to the NRC by a facility                CONDITION B and an extended                           the NRC’s Public Document Room (PDR)
                                              licensee on each applicant applying for                 COMPLETION TIME (CT), on a one-                       reference staff at 1–800–397–4209, 301–
                                              new and upgraded licenses or license                    time basis, to repair two affected battery            415–4737, or by email to pdr.resource@
                                              renewals to operate the controls at a                   cells on the CPNPP Unit No. 1, Train B                nrc.gov. The license amendment request
                                              nuclear reactor facility. This                          safety-related batteries. Specifically, the           dated September 5, 2018, as
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                                              information is used to determine that                   amendments would change the TS CT                     supplemented by letters dated
                                              each applicant or renewal operator                      for each of the Unit No. 1, Train B                   September 20 and October 3, 2018 are
                                              seeking a license or renewal of a license               safety-related batteries (BT1ED2 and                  available in ADAMS under Accession
                                              is qualified to be issued a license and                 BT1ED4) during Unit 1, Cycle 20, from                 Nos. ML18250A186, ML18267A059,
                                              that the licensed operator would not be                 2 hours to 18 hours.                                  and ML18277A207, respectively.
                                              expected to cause operational errors and                DATES: Submit comments by October 24,                    • NRC’s PDR: You may examine and
                                              endanger public health and safety.                      2018. Requests for a hearing or petition              purchase copies of public documents at


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                                              50972                     Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

                                              the NRC’s PDR, Room O1–F21, One                         in battery BT1ED4. On July 2, 2018, the               letter dated October 3, 2018, which is
                                              White Flint North, 11555 Rockville                      licensee experienced cell jar cracking on             presented below:
                                              Pike, Rockville, Maryland 20852.                        cell 27 in battery BT1ED2. Both affected                 1. Do the proposed changes involve a
                                                                                                      battery cells have been jumpered out to               significant increase in the probability or
                                              B. Submitting Comments
                                                                                                      restore operability of Unit No. 1, Train              consequences of an accident previously
                                                Please include Docket ID NRC–2018–                    B batteries BT1ED4 and BT1ED2. The                    evaluated?
                                              0205 in your comment submission.                        licensee stated that by replacing the                    Response: No.
                                                The NRC cautions you not to include                   affected battery cells, the licensee would               The proposed changes add provisions to
                                              identifying or contact information that                 regain margin on its safety-related                   increase the COMPLETION TIME (CT) from
                                              you do not want to be publicly                          batteries.                                            two hours to eighteen hours, on a one-time
                                              disclosed in your comment submission.                                                                         basis for Comanche Peak Nuclear Power
                                                                                                         In accordance with the requirements                Plant Class 1E Batteries BT1ED2 and
                                              The NRC will post all comment                           of paragraph 50.91(a)(6) of title 10 of the
                                              submissions at http://                                                                                        BT1ED4. This one-time increase will only be
                                                                                                      Code of Federal Regulations (10 CFR),                 used once per battery during Unit 1 Cycle 20
                                              www.regulations.gov as well as enter the                the licensee requested approval of the                (not at the same time). An additional
                                              comment submissions into ADAMS.                         amendments under exigent                              REQUIRED ACTION, new Note, and
                                              The NRC does not routinely edit                         circumstances. The licensee stated that               associated COMPLETION TIME is specified
                                              comment submissions to remove                           exigent approval was needed to avoid a                when batteries BT1ED2 and BT1ED4,
                                              identifying or contact information.                     potential shutdown in the event of an                 associated with the plant Class 1 E Direct
                                                If you are requesting or aggregating                  unanticipated second battery cell failure             Current (DC) electrical power subsystem, are
                                              comments from other persons for                         on either of the CPNPP Unit No. 1, Train
                                                                                                                                                            declared inoperable to replace a jumpered
                                              submission to the NRC, then you should                                                                        cell. Regulatory Commitment 5644411
                                                                                                      B batteries. In addition, the licensee                includes conditions (preventive measures)
                                              inform those persons not to include                     stated that it had made a good faith
                                              identifying or contact information that                                                                       for Unit 1 and Unit 2 to reduce site risk for
                                                                                                      effort to submit the license amendment                the planned replacement of cell 27 in battery
                                              they do not want to be publicly                         request in a timely manner following                  BT1ED2 and cell 41 in battery BT1ED4. The
                                              disclosed in their comment submission.                  the failure of one of the affected battery            proposed changes do not physically alter any
                                              Your request should state that the NRC                  cells in July 2018. The NRC staff                     plant structures, systems, or components,
                                              does not routinely edit comment                         determined that if a second battery cell              and are not accident initiators: Therefore,
                                              submissions to remove such information                  were to fail on either of the CPNPP Unit              there is no effect on the probability of
                                              before making the comment                               No. 1, Train B batteries, the licensee
                                                                                                                                                            accidents previously evaluated. As part of the
                                              submissions available to the public or                                                                        single failure design feature, loss of any one
                                                                                                      would be unable to restore the affected               DC electrical power subsystem does not
                                              entering the comment into ADAMS.                        battery(ies) to OPERABLE status within                prevent the minimum safety function from
                                              II. Introduction                                        2 hours and would be required to                      being performed. Also, the proposed changes
                                                 The NRC is considering issuance of                   shutdown. In addition, the NRC staff                  do not affect the type or amounts of
                                              amendments to Facility Operating                        determined that if the licensee                       radionuclides release following an accident,
                                                                                                      requested license amendments under                    or affect the initiation and duration of their
                                              License Nos. NPF–87 and NPF–89,                                                                               release. Therefore, the consequences of
                                              issued to Vistra OpCo, for operation of                 emergency circumstances per 10 CFR
                                                                                                      50.91(a)(5) to extend the CT during the               accidents previously evaluated, which rely
                                              the CPNPP Unit Nos. 1 and 2, located                                                                          on the safety related Class 1E battery to
                                              in Somervell County, Texas.                             2-hour CT, the staff would not have                   mitigate, are not significantly increased.
                                                 The proposed exigent amendments                      enough time to process the emergency                     Therefore, the proposed change does not
                                              would revise CPNPP TS 3.8.4, ‘‘DC                       amendments within the 2-hour CT and                   involve a significant increase in the
                                              Sources—Operating,’’ by adding a new                    the licensee would be required to                     probability or consequences of an accident
                                              REQUIRED ACTION to CONDITION B                          shutdown. As a result, the NRC staff                  previously evaluated.
                                              and an extended CT, on a one-time                       finds that exigent circumstances exist.                  2. Do the proposed changes create the
                                                                                                         Before any issuance of the proposed                possibility of a new or different kind of
                                              basis, to repair two affected battery cells                                                                   accident from any accident previously
                                              on the CPNPP Unit No. 1, Train B                        license amendments, the NRC will need
                                                                                                                                                            evaluated?
                                              safety-related batteries. Specifically, the             to make the findings required by the
                                                                                                                                                               Response: No.
                                              amendments would change the TS CT                       Atomic Energy Act of 1954, as amended                    The proposed changes do not involve a
                                              for each of the Unit No. 1, Train B                     (the Act), and NRC’s regulations.                     change in design, configuration, or method of
                                              safety-related batteries (BT1ED2 and                       Pursuant to 10 CFR 50.91(a)(6), for                operation of the plant. The proposed changes
                                              BT1ED4) during Unit No. 1, Cycle 20,                    amendments to be granted under                        will not alter the manner in which
                                              from 2 hours to 18 hours. The new                       exigent circumstances, the NRC has                    equipment is operated, nor will the
                                              REQUIRED ACTION B.2 would provide                       made a proposed determination that the                functional demands on credited equipment
                                                                                                      license amendment request involves no                 be changed. The proposed changes do not
                                              up to an 18 hour CT to replace cell 27                                                                        impact the interaction of any systems whose
                                              in battery BT1ED2 and up to an 18 hour                  significant hazards consideration. Under
                                                                                                                                                            failure or malfunction can initiate an
                                              CT to replace cell 41 in battery BT1ED4                 the NRC’s regulations in 10 CFR 50.92,                accident.
                                              (not at the same time). In addition, the                this means that operation of the facility                There are no identified redundant
                                              amendments would place operational                      in accordance with the proposed                       components affected by these changes and
                                              limits on Unit Nos. 1 and 2 during the                  amendments would not (1) involve a                    thus there are no new common cause failures
                                              extended CT as protective measures, as                  significant increase in the probability or            or any existing common cause failures that
                                              described in Attachment 2 of the letter                 consequences of an accident previously                are affected by extending the CT. The
                                              dated September 20, 2018.                               evaluated; or (2) create the possibility of           proposed changes do not create any new
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                                                 This notice is being reissued in its                 a new or different kind of accident from              failure modes.
                                                                                                      any accident previously evaluated; or                    Therefore, the proposed change does not
                                              entirety due to the revised scope of the                                                                      create the possibility of a new or different
                                              license amendment request resulting                     (3) involve a significant reduction in a              kind of accident from any previously
                                              from the supplements dated September                    margin of safety. As required by 10 CFR               evaluated.
                                              20 and October 3, 2018.                                 50.91(a), the licensee has provided a                    3. Does the proposed change involve a
                                                 On November 8, 2017, the licensee                    revised analysis of the issue of no                   significant reduction in a margin of safety?
                                              experienced cell jar cracking on cell 41                significant hazards consideration in                     Response: No.



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                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                           50973

                                                The proposed changes are based upon a                    Normally, the Commission will not                  issue of law or fact to be raised or
                                              deterministic evaluation. This evaluation is            issue the amendments until the                        controverted. In addition, the petitioner
                                              supplemented by risk information.                       expiration of the 14-day notice period.               must provide a brief explanation of the
                                                The deterministic evaluation concluded                However, if circumstances change                      bases for the contention and a concise
                                              with one inoperable battery associated with
                                              the Class 1E DC electrical power subsystem,             during the notice period, such that                   statement of the alleged facts or expert
                                              the redundant OPERABLE Class 1E DC                      failure to act in a timely way would                  opinion which support the contention
                                              electrical power subsystems will be able to             result, for example, in shutdown of the               and on which the petitioner intends to
                                              perform the safety function as described in             facility, the Commission may issue the                rely in proving the contention at the
                                              the accident analysis.                                  license amendments before the                         hearing. The petitioner must also
                                                Supplemental risk information supporting              expiration of the 14-day notice period,               provide references to the specific
                                              this license amendment request concluded                provided that its final determination is              sources and documents on which the
                                              that the additional REQUIRED ACTION, new                that the amendment involves no                        petitioner intends to rely to support its
                                              Note, associated COMPLETION TIME have a
                                                                                                      significant hazards consideration. The                position on the issue. The petition must
                                              negligible impact on overall plant risk and is
                                              consistent with the NRC Safety Goal Policy              final determination will consider all                 include sufficient information to show
                                              statement and the thresholds in Regulatory              public and State comments received. If                that a genuine dispute exists with the
                                              Guide (RG) 1.174, ‘‘An Approach for Using               the Commission takes this action, it will             applicant or licensee on a material issue
                                              Probabilistic Risk Assessment in Risk-                  publish in the Federal Register a notice              of law or fact. Contentions must be
                                              Informed Decisions on Plant-Specific                    of issuance. The Commission expects                   limited to matters within the scope of
                                              Changes to the Licensing Basis,’’ and RG                that the need to take this action will                the proceeding. The contention must be
                                              1.177, ‘‘An Approach for Plant-Specific, Risk-          occur very infrequently.                              one which, if proven, would entitle the
                                              Informed Decisionmaking: Technical                                                                            petitioner to relief. A petitioner who
                                              Specifications.’’                                       III. Opportunity To Request a Hearing
                                                                                                                                                            fails to satisfy the requirements at 10
                                                The deterministic evaluation,                         and Petition for Leave To Intervene
                                              supplemental risk information, and                                                                            CFR 2.309(f) with respect to at least one
                                              Regulatory Commitment 5644411 (conditions
                                                                                                         Within 60 days after the date of                   contention will not be permitted to
                                              for Unit 1 and Unit 2) provide assurance that           publication of this notice, any persons               participate as a party.
                                              the plant Class 1E DC electrical power                  (petitioner) whose interest may be                       Those permitted to intervene become
                                              subsystem will be able to perform its design            affected by this action may file a request            parties to the proceeding, subject to any
                                              function with a longer COMPLETION TIME                  for a hearing and petition for leave to               limitations in the order granting leave to
                                              for inoperable batteries BT1ED2 and BT1ED4              intervene (petition) with respect to the              intervene. Parties have the opportunity
                                              during Unit 1 Cycle 20, and risk is not                 action. Petitions shall be filed in                   to participate fully in the conduct of the
                                              significantly impacted by the change.                   accordance with the Commission’s                      hearing with respect to resolution of
                                                Therefore, the proposed change does not               ‘‘Agency Rules of Practice and
                                              involve a significant reduction in a margin of
                                                                                                                                                            that party’s admitted contentions,
                                              safety.
                                                                                                      Procedure’’ in 10 CFR part 2. Interested              including the opportunity to present
                                                                                                      persons should consult a current copy                 evidence, consistent with the NRC’s
                                                 The NRC staff has reviewed the                       of 10 CFR 2.309. The NRC’s regulations                regulations, policies, and procedures.
                                              licensee’s analysis and, based on this                  are accessible electronically from the                   Petitions must be filed no later than
                                              review, it appears that the three                       NRC Library on the NRC’s website at                   60 days from the date of publication of
                                              standards of 10 CFR 50.92(c) are                        http://www.nrc.gov/reading-rm/doc-                    this notice. Petitions and motions for
                                              satisfied. Therefore, the NRC staff                     collections/cfr/. Alternatively, a copy of            leave to file new or amended
                                              proposes to determine that the license                  the regulations is available at the NRC’s             contentions that are filed after the
                                              amendment request involves a no                         Public Document Room, located at One                  deadline will not be entertained absent
                                              significant hazards consideration. In                   White Flint North, Room O1–F21, 11555                 a determination by the presiding officer
                                              accordance with 10 CFR 50.91(a)(6),                     Rockville Pike (first floor), Rockville,              that the filing demonstrates good cause
                                              where the Commission finds that                         Maryland 20852. If a petition is filed,               by satisfying the three factors in 10 CFR
                                              exigent circumstances exist, in that a                  the Commission or a presiding officer                 2.309(c)(1)(i) through (iii). The petition
                                              licensee and the Commission must act                    will rule on the petition and, if                     must be filed in accordance with the
                                              quickly and that time does not permit                   appropriate, a notice of a hearing will be            filing instructions in the ‘‘Electronic
                                              the Commission to publish a Federal                     issued.                                               Submissions (E-Filing)’’ section of this
                                              Register notice allowing 30 days for                       As required by 10 CFR 2.309(d) the                 document.
                                              prior public comment, and it also                       petition should specifically explain the                 If a hearing is requested, and the
                                              determines that the amendment                           reasons why intervention should be                    Commission has not made a final
                                              involves no significant hazards                         permitted with particular reference to                determination on the issue of no
                                              considerations, it will issue a Federal                 the following general requirements for                significant hazards consideration, the
                                              Register notice providing notice of an                  standing: (1) The name, address, and                  Commission will make a final
                                              opportunity for hearing and allowing at                 telephone number of the petitioner; (2)               determination on the issue of no
                                              least two weeks from the date of the                    the nature of the petitioner’s right under            significant hazards consideration. The
                                              notice for prior public comment.                        the Act to be made a party to the                     final determination will serve to
                                              Therefore, in accordance with 10 CFR                    proceeding; (3) the nature and extent of              establish when the hearing is held. If the
                                              50.91(a)(6)(i)(A), the NRC staff is                     the petitioner’s property, financial, or              final determination is that the
                                              providing a 14-day notice period for                    other interest in the proceeding; and (4)             amendment request involves no
                                              public comment.                                         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
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                                              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


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                                              50974                     Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

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


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                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                                 50975

                                              the link requests certificates and you                  day public comment period. No                         particularly interested in comments
                                              will be automatically directed to the                   comments were received for this                       that:
                                              NRC’s electronic hearing dockets where                  information collection. The purpose of                  1. Evaluate whether the proposed
                                              you will be able to access any publicly                 this notice is to allow an additional 30              collection of information is necessary
                                              available documents in a particular                     days for public comments.                             for the proper performance of the
                                              hearing docket. Participants are                        DATES: Comments are encouraged and                    functions of the agency, including
                                              requested not to include personal                       will be accepted until November 9,
                                              privacy information, such as social                                                                           whether the information will have
                                                                                                      2018.                                                 practical utility;
                                              security numbers, home addresses, or
                                              personal phone numbers in their filings,                ADDRESSES:   Interested persons are                     2. Evaluate the accuracy of the
                                              unless an NRC regulation or other law                   invited to submit written comments on                 agency’s estimate of the burden of the
                                              requires submission of such                             the proposed information collection to                proposed collection of information,
                                              information. For example, in some                       the Office of Information and Regulatory              including the validity of the
                                              instances, individuals provide home                     Affairs, Office of Management and                     methodology and assumptions used;
                                              addresses in order to demonstrate                       Budget, 725 17th Street NW,
                                                                                                      Washington, DC 20503, Attention: Desk                   3. Enhance the quality, utility, and
                                              proximity to a facility or site. With
                                                                                                      Officer for the Office of Personnel                   clarity of the information to be
                                              respect to copyrighted works, except for
                                                                                                      Management or sent via electronic mail                collected; and
                                              limited excerpts that serve the purpose
                                              of the adjudicatory filings and would                   to oira_submission@omb.eop.gov or                       4. Minimize the burden of the
                                              constitute a Fair Use application,                      faxed to (202) 395–6974.                              collection of information on those who
                                              participants are requested not to include               FOR FURTHER INFORMATION CONTACT: A                    are to respond, including through the
                                              copyrighted materials in their                          copy of this ICR, with applicable                     use of appropriate automated,
                                              submission.                                             supporting documentation, may be                      electronic, mechanical, or other
                                                For further details with respect to this              obtained by contacting the U.S. Office of             technological collection techniques or
                                              action, see the application for license                 Personnel Management, Chief Financial                 other forms of information technology,
                                              amendment dated September 5, 2018, as                   Office, Financial Services, 1900 E Street             e.g., permitting electronic submissions
                                              supplemented by letters dated                           NW, Room 5478, Washington, DC                         of responses.
                                              September 20, and October 3, 2018.                      20415, Attention: Antoinette
                                                Attorney for licensee: Timothy P.                     Cunningham, or sent by email to                       Analysis
                                              Matthews, Esq., Morgan, Lewis and                       Antoinette.Cunningham@opm.gov.
                                              Bockius, 1111 Pennsylvania Avenue                                                                               Agency: Trust Fund Management of
                                                                                                      SUPPLEMENTARY INFORMATION: As                         the Office of the Chief Financial Officer,
                                              NW, Washington, DC 20004.                               required by the Paperwork Reduction
                                                NRC Branch Chief: Robert J.                                                                                 Office of Personnel Management.
                                                                                                      Act of 1995, (Pub. L. 104–13, 44 U.S.C.
                                              Pascarelli.                                                                                                     Title: (1) Report of Withholdings and
                                                                                                      chapter 35) as amended by the Clinger-
                                                 Dated at Rockville, Maryland, on October             Cohen Act (Pub. L. 104–106), OPM is                   Contributions for Health Benefits, Life
                                              4, 2018.                                                providing an additional 30 days for                   Insurance and Retirement (Standard
                                                 For the Nuclear Regulatory Commission.               public comments. OPM previously                       Form 2812); (2) Report of Withholdings
                                              Margaret W. O’Banion,                                   solicited comments for this collection,               and Contributions for Health Benefits by
                                              Project Manager, Plant Licensing Branch IV,             with a 60-day public comment period,                  Enrollment Code (Standard Form 2812–
                                              Division of Operating Reactor Licensing,                at 83 FR 7504 (February 21, 2018). No                 A); (3) Supplemental Semiannual
                                              Office of Nuclear Reactor Regulation.                   comments were received. The Middle                    Headcount Report (OPM Form 1523).
                                              [FR Doc. 2018–22016 Filed 10–9–18; 8:45 am]             Class Tax Relief and Job Creation Act of                OMB Number: 3206–0262.
                                              BILLING CODE 7590–01–P                                  2012 (Pub. L. 112–96, Section 5001),
                                                                                                                                                              Frequency: Semiannually for OPM
                                                                                                      made two significant changes to the
                                                                                                      Federal Employees’ Retirement System                  Form 1523 and once-per-pay-period for
                                              OFFICE OF PERSONNEL                                     (FERS). First, beginning in 2013, new                 Standard Form 2812 and Standard Form
                                              MANAGEMENT                                              employees (as designated in the statute)              2812–A.
                                                                                                      will have to pay significantly higher                   Affected Public: Public Entities with
                                              Submission for Review: Reinstatement                    employee contributions, an increase of                Federal Employees and Retirees.
                                              of a Previously Approved Information                    2.3 percent of salary. Second, new
                                              Collection Without Change, Standard                                                                             Number of Respondents: 100.
                                                                                                      Members of Congress and Congressional
                                              Form 2812, 2812–A, and OPM Form                         employees, in addition to paying higher                 Estimated Time per Respondent: 30
                                              1523                                                    retirement contributions, will accrue                 Minutes.
                                              AGENCY:  Office of Personnel                            retirement benefits at the same rate as                 Total Burden Hours: 2,700.
                                              Management.                                             regular employees. New employees                      U.S. Office of Personnel Management.
                                              ACTION: 30-Day Notice and request for
                                                                                                      affected by this law will be classified in
                                                                                                                                                            Alexys Stanley,
                                              Reinstatement.                                          a new retirement category; the Federal
                                                                                                      Employees’ Retirement System—                         Regulatory Affairs Analyst.
                                              SUMMARY:  The Office of Personnel                       Revised Annuity Employees (FERS–                      [FR Doc. 2018–21918 Filed 10–9–18; 8:45 am]
                                              Management (OPM) offers the general                     RAE). The current Standard Form 2812,                 BILLING CODE 6325–23–P
                                              public and other federal agencies the                   Standard Form 2812–A, and OPM Form
amozie on DSK3GDR082PROD with NOTICES1




                                              opportunity to comment on a revised                     1523, have been changed to reflect this
                                              information collection request (ICR) for                additional category.
                                              Standard Form 2812, 2812–A and OPM                         Reinstatement will allow continued
                                              Form 1523. The information collection                   use of the collection and an additional
                                              was previously published in the Federal                 180 days to complete the full Paperwork
                                              Register on February 21, 2018 at                        Reduction Act approval process. The
                                              Volume # 83 FR 7504 allowing for a 60-                  Office of Personnel Management is


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Document Created: 2018-10-10 17:36:09
Document Modified: 2018-10-10 17:36:09
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 24, 2018. Requests for a hearing or petition for leave to intervene must be filed by December 10, 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 50971 

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