83 FR 7500 - Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 35 (February 21, 2018)

Page Range		7500-7503
FR Document		2018-03456

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Facility Operating License Nos. NPF-90, issued on February 7, 1996, and NPF-96, issued on October 22, 2015, and held by Tennessee Valley Authority (TVA or the licensee) for the operation of Watts Bar Nuclear Plant, Units 1 and 2 (Watts Bar or WBN), located in Rhea County, Tennessee. The proposed amendments would revise the Technical Specifications (TSs) related to control and shutdown rods, and rod and bank position indication. The proposed amendments adopt the changes contained in Technical Specification Task Force (TSTF) Change Traveler TSTF-547, Revision 1, ``Clarification of Rod Position Requirements,'' with variations as described in the application.

Federal Register, Volume 83 Issue 35 (Wednesday, February 21, 2018)

[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Notices]
[Pages 7500-7503]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-03456]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-390 and 50-391; NRC-2018-0029]

Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and
2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; 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-90,
issued on February 7, 1996, and NPF-96, issued on October 22, 2015, and
held by Tennessee Valley Authority (TVA or the licensee) for the
operation of Watts Bar Nuclear Plant, Units 1 and 2 (Watts Bar or WBN),
located in Rhea County, Tennessee. The proposed amendments would revise
the Technical Specifications (TSs) related to control and shutdown
rods, and rod and bank position indication. The proposed amendments
adopt the changes contained in Technical Specification Task Force
(TSTF) Change Traveler TSTF-547, Revision 1, ``Clarification of Rod
Position Requirements,'' with variations as described in the
application.

DATES: Submit comments by March 23, 2018. Request for a hearing or
petition for leave to intervene must be filed by April 23, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0029 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0029. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-415-
9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the NRC
Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced in this notice (if
that document is available in ADAMS) is provided the first time that a
document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Robert Schaaf, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555; telephone: 301-415-6020; email: Robert.Schaaf@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2018-0029 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-2018-0029.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document. The application for amendment, dated November 23, 2016, as
supplemented by letters dated September 29, November 16, and December
27, 2017, are available in ADAMS under Accession Nos. ML16335A179,
ML17272A955, ML17321A033, and ML17362A052, respectively.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

Please include Docket ID NRC-2018-0029 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 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 submissions. 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 comments into ADAMS.

II. Introduction

The NRC is considering issuance of amendments to Facility Operating
License Nos. NPF-90 and NPF-96, issued to TVA for operation of the
Watts Bar Nuclear Plant, Units 1 and 2, located in Rhea County,
Tennessee.
The proposed amendments would revise the TSs related to control and
shutdown rods, and rod and bank position indication. The proposed
amendments adopt the changes contained in TSTF-547, Revision 1, with
variations as described in the application. The variations include
several changes to make the TSs consistent with NUREG-1431, Revision 4,
``Standard Technical Specifications--Westinghouse Plants,'' that are
not identified as changes in TSTF-547, Revision 1. Before issuance of
the proposed license amendments, the NRC will make the findings
required by the Atomic Energy Act of 1954, as amended (the Act), and
the NRC's regulations.
The NRC has made a proposed determination that the license

[[Page 7501]]

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 its analysis of
the issue of no significant hazards consideration, which is presented
below:

1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
Control and shutdown rods are assumed to insert into the core to
shut down the reactor in evaluated accidents. Rod insertion limits
ensure that adequate negative reactivity is available to provide the
assumed shutdown margin (SDM). Rod alignment and overlap limits
maintain an appropriate power distribution and reactivity insertion
profile.
Control and shutdown rods are initiators to several accidents
previously evaluated, such as rod ejection. The proposed change does
change the limiting conditions for operation for the rods and makes
technical changes to the Surveillance Requirements (SRs) governing
the rods. However, the proposed change has no significant effect on
the probability of any accident previously evaluated.
Revising the TS Actions to provide a limited time to repair rod
movement control has no effect on the SDM assumed in the accident
analysis as the proposed Action[s] require verification that SDM is
maintained. The effects on power distribution will not cause a
significant increase in the consequences of any accident previously
evaluated as all TS requirements on power distribution continue to
be applicable. Revising the TS Actions to provide an alternative to
frequent use of the moveable incore detector system to verify the
position of rods with inoperable rod position indicator does not
change the requirement for the rods to be aligned and within the
insertion limits.
Therefore, the assumptions used in any accidents previously
evaluated are unchanged and there is no significant increase in the
consequences.
The consequences of an accident that might occur during the 1-
hour period provided for the analog rod position indication to
stabilize after rod movement are no different than the consequences
of the accident under the existing actions with the rod declared
inoperable.
The proposed change to resolve the conflicts in the TS ensure
that the intended Actions are followed when equipment is inoperable.
Actions taken with inoperable equipment are not assumptions in the
accidents previously evaluated and have no significant effect on the
consequences.
The proposed change to eliminate an unnecessary action has no
effect on the consequences of accidents previously evaluated as the
analysis of those accidents did not consider the use of the action.
The proposed change to increase consistency within the TS has no
effect on the consequences of accidents previously evaluated as the
proposed change clarifies the application of the existing
requirements and does not change the intent.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any previously evaluated?
Response: No.
The proposed change does not involve a physical alteration of
the plant (i.e., no new or different type of equipment will be
installed). The change does not alter assumptions made in the safety
analyses. The proposed change does alter the limiting conditions for
operation for the rods and makes technical changes to the SRs
governing the rods. However, the proposed change to actions
maintains or improves safety when equipment is inoperable and does
not introduce 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 amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed change to allow time for rod position indication to
stabilize after rod movement and to allow an alternative method of
verifying rod position has no effect on the safety margin as actual
rod position is not affected. The proposed change to provide time to
repair rods that are Operable but immovable does not result in a
significant reduction in the margin of safety because all rods must
be verified to be Operable, and all other banks must be within the
insertion limits. The remaining proposed changes to make the
requirements internally consistent and to eliminate unnecessary
actions do not affect the margin of safety as the changes do not
affect the ability of the rods to perform their specified safety
function.
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 no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendments until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendments before expiration of the
60-day notice period if the Commission concludes the amendments involve
no significant hazards consideration. In addition, the Commission may
issue the amendments prior to the expiration of the 30-day comment
period if circumstances change during the 30-day comment period such
that failure to act in a timely way would result, for example, in
prevention of either resumption of operation or of increase in power
output up to the plant's licensed power level. If the Commission takes
action prior to the expiration of either the comment period or the
notice period, it will publish in the Federal Register a notice of
issuance. If the Commission make a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.

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

Within 60 days after the date of publication of this notice, any
person (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

[[Page 7502]]

proceeding; (3) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (4) the possible
effect of any decision or order which may be entered in the proceeding
on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective, notwithstanding the request for a hearing. Any
hearing would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of the amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by July
31, 2017. 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 hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time 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

[[Page 7503]]

p.m. Eastern Time on the due date. Upon receipt of a transmission, the
E-Filing system time-stamps the document and sends the submitter an
email notice confirming receipt of the document. The E-Filing system
also distributes an email notice that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed so that
they can obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at http://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
For further details with respect to this action, see the
application for amendment dated November 23, 2016, as supplemented by
letters dated September 29, November 16, and December 27, 2017.
Attorney for licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West Tower, Knoxville, TN 37902.

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

For the Nuclear Regulatory Commission.
Andrew Hon,
Acting Chief, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-03456 Filed 2-20-18; 8:45 am]
BILLING CODE 7590-01-P

7502 Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices

proceeding; (3) the nature and extent of establish when the hearing is held. If the request for hearing and petition for
the petitioner’s property, financial, or final determination is that the leave to intervene (petition), any motion
other interest in the proceeding; and (4) amendment request involves no or other document filed in the
the possible effect of any decision or significant hazards consideration, the proceeding prior to the submission of a
order which may be entered in the Commission may issue the amendment request for hearing or petition to
proceeding on the petitioner’s interest. and make it immediately effective, intervene, and documents filed by
In accordance with 10 CFR 2.309(f), notwithstanding the request for a interested governmental entities that
the petition must also set forth the hearing. Any hearing would take place request to participate under 10 CFR
specific contentions which the after issuance of the amendment. If the 2.315(c), must be filed in accordance
petitioner seeks to have litigated in the final determination is that the with the NRC’s E-Filing rule (72 FR
proceeding. Each contention must amendment request involves a 49139; August 28, 2007, as amended at
consist of a specific statement of the significant hazards consideration, then 77 FR 46562, August 3, 2012). The E-
issue of law or fact to be raised or any hearing held would take place Filing process requires participants to
controverted. In addition, the petitioner before the issuance of the amendment submit and serve all adjudicatory
must provide a brief explanation of the unless the Commission finds an documents over the internet, or in some
bases for the contention and a concise imminent danger to the health or safety cases to mail copies on electronic
statement of the alleged facts or expert of the public, in which case it will issue storage media. Detailed guidance on
opinion which support the contention an appropriate order or rule under 10 making electronic submissions may be
and on which the petitioner intends to CFR part 2. found in the Guidance for Electronic
rely in proving the contention at the A State, local governmental body, Submissions to the NRC and on the NRC
hearing. The petitioner must also Federally-recognized Indian Tribe, or website at http://www.nrc.gov/site-help/
provide references to the specific agency thereof, may submit a petition to e-submittals.html. Participants may not
sources and documents on which the the Commission to participate as a party submit paper copies of their filings
petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition unless they seek an exemption in
position on the issue. The petition must should state the nature and extent of the accordance with the procedures
include sufficient information to show petitioner’s interest in the proceeding. described below.
that a genuine dispute exists with the The petition should be submitted to the To comply with the procedural
applicant or licensee on a material issue Commission by July 31, 2017. The requirements of E-Filing, at least 10
of law or fact. Contentions must be petition must be filed in accordance days prior to the filing deadline, the
limited to matters within the scope of with the filing instructions in the participant should contact the Office of
the proceeding. The contention must be ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at
one which, if proven, would entitle the section of this document, and should hearing.docket@nrc.gov, or by telephone
petitioner to relief. A petitioner who meet the requirements for petitions set at 301–415–1677, to (1) request a digital
fails to satisfy the requirements at 10 forth in this section, except that under identification (ID) certificate, which
CFR 2.309(f) with respect to at least one 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or
contention will not be permitted to governmental body, or federally- representative) to digitally sign
participate as a party. recognized Indian Tribe, or agency submissions and access the E-Filing
Those permitted to intervene become thereof does not need to address the system for any proceeding in which it
parties to the proceeding, subject to any standing requirements in 10 CFR is participating; and (2) advise the
limitations in the order granting leave to 2.309(d) if the facility is located within Secretary that the participant will be
intervene. Parties have the opportunity its boundaries. Alternatively, a State, submitting a petition or other
to participate fully in the conduct of the local governmental body, Federally- adjudicatory document (even in
hearing with respect to resolution of recognized Indian Tribe, or agency instances in which the participant, or its
that party’s admitted contentions, thereof may participate as a non-party counsel or representative, already holds
including the opportunity to present under 10 CFR 2.315(c). an NRC-issued digital ID certificate).
evidence, consistent with the NRC’s If a hearing is granted, any person Based upon this information, the
regulations, policies, and procedures. who is not a party to the proceeding and Secretary will establish an electronic
Petitions must be filed no later than is not affiliated with or represented by docket for the hearing in this proceeding
60 days from the date of publication of a party may, at the discretion of the if the Secretary has not already
this notice. Petitions and motions for presiding officer, be permitted to make established an electronic docket.
leave to file new or amended a limited appearance pursuant to the Information about applying for a
contentions that are filed after the provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the
deadline will not be entertained absent making a limited appearance may make NRC’s public website at http://
a determination by the presiding officer an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/
that the filing demonstrates good cause position on the issues but may not getting-started.html. Once a participant
by satisfying the three factors in 10 CFR otherwise participate in the proceeding. has obtained a digital ID certificate and
2.309(c)(1)(i) through (iii). The petition A limited appearance may be made at a docket has been created, the
must be filed in accordance with the any session of the hearing or at any participant can then submit
filing instructions in the ‘‘Electronic prehearing conference, subject to the adjudicatory documents. Submissions
Submissions (E-Filing)’’ section of this limits and conditions as may be must be in Portable Document Format
document. imposed by the presiding officer. Details (PDF). Additional guidance on PDF
If a hearing is requested, and the regarding the opportunity to make a submissions is available on the NRC’s
daltland on DSKBBV9HB2PROD with NOTICES

Commission has not made a final limited appearance will be provided by public website at http://www.nrc.gov/
determination on the issue of no the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A
significant hazards consideration, the scheduled. filing is considered complete at the time
Commission will make a final the document is submitted through the
determination on the issue of no IV. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an
significant hazards consideration. The All documents filed in NRC electronic filing must be submitted to
final determination will serve to adjudicatory proceedings, including a the E-Filing system no later than 11:59

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment request; opportunity to comment, request a hearing and petition for leave to intervene.
Dates		Submit comments by March 23, 2018. Request for a hearing or petition for leave to intervene must be filed by April 23, 2018.
Contact		Robert Schaaf, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301-415-6020; email: [email protected]
FR Citation		83 FR 7500