83_FR_9597 83 FR 9553 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

83 FR 9553 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range9553-9559
FR Document2018-03235

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for North Anna Power Station, Units 1 and 2, and Vogtle Electric Generating Plant, Units 3 and 4. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. Because each amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation.

Federal Register, Volume 83 Issue 44 (Tuesday, March 6, 2018)
[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9553-9559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03235]



[[Page 9553]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0027]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations and Containing Sensitive Unclassified Non-Safeguards 
Information and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; notice of opportunity to comment, 
request a hearing, and petition for leave to intervene; order imposing 
procedures.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of two amendment requests. The amendment requests 
are for North Anna Power Station, Units 1 and 2, and Vogtle Electric 
Generating Plant, Units 3 and 4. For each amendment request, the NRC 
proposes to determine that they involve no significant hazards 
consideration. Because each amendment request contains sensitive 
unclassified non-safeguards information (SUNSI), an order imposes 
procedures to obtain access to SUNSI for contention preparation.

DATES: Comments must be filed by April 5, 2018. A request for a hearing 
must be filed by May 7, 2018. Any potential party as defined in Sec.  
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who 
believes access to SUNSI is necessary to respond to this notice must 
request document access by March 16, 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-2018-0027. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: May Ma, Office of Administration, Mail 
Stop: TWFN-3-D1, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Janet Burkhardt, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1384; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0027, facility name, unit 
number(s), plant docket number, application date, and subject when 
contacting the NRC about the availability of information for this 
action. You may obtain publicly-available information related to this 
action by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0027.
     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 [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2018-0027, facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes notices of amendments containing SUNSI.

III. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-

[[Page 9554]]

day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment 
period such that failure to act in a timely way would result, for 
example, in derating or shutdown of the facility. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish a notice of issuance in the Federal 
Register. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective, notwithstanding the request for a hearing. Any 
hearing would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of the amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section, 
except that under 10 CFR 2.309(h)(2) a State, local governmental body, 
or Federally-recognized Indian Tribe, or agency thereof does not need 
to address the standing requirements in 10 CFR 2.309(d) if the facility 
is located within its boundaries. Alternatively, a State, local 
governmental body, Federally-recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance

[[Page 9555]]

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

Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia

    Date of amendment request: December 15, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17349A924.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
requested amendment proposes consistency changes to combined license 
Appendix C (and to plant-specific Tier 1 information) and associated 
Tier 2* and Tier 2 information to clarify the thickness of the Nuclear 
Island (NI) Basemat, to revise wall thicknesses and descriptions in the 
Auxiliary Building, and to clarify floor thicknesses in the Annex 
Building. Pursuant to the provisions of 10 CFR 52.63(b)(1), an 
exemption from elements of the design as certified in the 10 CFR part 
52, Appendix D, design certification rule is also requested for the 
plant-specific Design Control Document Tier 1 material departures.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes do not affect the operation or reliability 
of any system,

[[Page 9556]]

structure or component (SSC) required to maintain a normal power 
operating condition or to mitigate anticipated transients without 
safety-related systems. The change to the NI Basemat and Auxiliary 
Building dimensions is a consistency change, and involves no design 
changes or technical reanalysis. The change to the Annex Building 
concrete thickness acceptance criteria is a clarification and does 
not involve a change to the design of the Annex Building or 
reanalysis of the Annex Building. The change to the Annex Building 
kitchen and restroom floor thickness involves only structural 
changes, and does not affect the performance of any SSC relied upon 
to maintain normal power operation, or to effect safe shutdown using 
nonsafety-related equipment. The change to the Annex Building 
kitchen and restroom floor thickness does not adversely affect 
occupational radiation dose to personnel in these areas because 
calculations show the dose rates in the Annex Building during normal 
operations and in post-accident conditions are maintained within 
regulatory limits. Therefore, the requested amendment does not 
involve a significant increase in the probability or consequences of 
an accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes do not affect the operation of any safety-
related SSC relied upon to mitigate design basis accidents. The 
proposed changes to the NI Basemat and the Auxiliary Building 
resolve inconsistencies to reflect NI existing structural design, 
which has been analyzed and shown to comply with seismic and 
structural criteria. The change to the Annex Building concrete 
thickness acceptance criteria is a clarification, and does not 
involve a change to the design of the Annex Building or reanalysis 
of the Annex Building. The seismic Category II section of the Annex 
Building has been shown to maintain its structural integrity 
following a design basis earthquake. The proposed changes to the 
Annex Building kitchen and restroom floor thickness do not affect 
the structural integrity or seismic response of the Annex Building. 
The design of these structures continues to meet the requirements of 
10 CFR 50 Appendix A General Design Criterion 2, Design Bases for 
Protection Against Natural Phenomena. Therefore, the proposed 
changes do 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 changes do not affect existing safety margins. The 
proposed changes to the NI Basemat and the Auxiliary Building 
resolve inconsistencies to reflect NI existing structural design. 
The change to the Annex Building concrete thickness acceptance 
criteria is a clarification, and does not involve a change to the 
design of the Annex Building or reanalysis of the Annex Building. 
The proposed changes to the Annex Building kitchen and restroom 
floor thickness do not involve a reduction to the structural 
integrity of the seismic Category II portion of the building, as 
adequate reinforcement is provided in the floor of the kitchen and 
restroom areas of the [Control Support Area (CSA)] to support the 
design function of the Annex Building. No margin to the specified 
acceptable fuel design limits is affected by the proposed changes.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: M. Stanford Blanton, Balch & Bingham LLP, 
1710 Sixth Avenue North, Birmingham, Alabama 35203-2015.
    NRC Branch Chief: Jennifer Dixon-Herrity.

Virginia Electric and Power Company, Docket Nos. 50-338 and 50-339, 
North Anna Power Station (NAPS), Units 1 and 2, Louisa County, Virginia

    Date of amendment request: May 2, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17129A446.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would revise Technical Specification (TS) 3.7.18, ``Spent 
Fuel Pool Storage,'' and TS 4.3.1, ``Criticality,'' to allow the 
storage of fuel assemblies with a maximum enrichment of up to 5.0 
weight percent uranium 235 (U-235) in the NAPS spent fuel pool (SFP) 
storage racks and the new fuel storage racks (NFSR). The amendments 
would further revise the allowable fuel assembly parameters and storage 
patterns for fuel in the SFP.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed change will not affect the plant equipment or 
structure, including the SFP, NFSR, or fuel handling equipment, 
including how equipment is operated and maintained. There are no 
changes to the equipment for fuel handling or how fuel assemblies 
are handled, including how fuel assemblies are inserted into and 
removed from SFP and NFSR storage locations. There will be no 
changes to administrative means to verify correct fuel assembly 
storage in the SFP, which will now also be used to verify required 
[Rod Cluster Control Assembly (RCCA)] storage in selected Region 2 
assemblies, or the required response to a fuel assembly misloading 
or drop event. There are no changes to how RCCAs will be handled, 
including how RCCAs are inserted into or removed from a fuel 
assembly or other location such as a[n] SFP storage location. Also, 
since the proposed change does not modify plant equipment or its 
operation and maintenance, including equipment used to maintain SFP 
soluble boron levels, the proposed change will not impact a boron 
dilution event or plant response to it.
    The criticality safety evaluation concluded that the NFSR 
limiting accident is the optimum moderation condition with each 
storage location loaded with a maximum reactivity fuel assembly. The 
NFSR will maintain keff <0.98 for this postulated 
scenario including all uncertainties and biases. The NFSR also 
maintains keff <=0.95 for the fully flooded scenario 
including all uncertainties and biases. Thus, the consequences of an 
accident previously evaluated regarding the NFSR is not 
significantly increased. There is no change to the plant equipment 
or its operation and maintenance due to the proposed change. Thus, 
the probability of a flooding accident that could impact the NFSR is 
not significantly increased.
    Regarding the SFP, there will now be two storage Regions. The 
process of choosing fuel assembly storage locations will not change, 
except that the storage arrangement (checkerboard) and burnup 
requirements will be revised and assemblies containing an RCCA can 
be stored in Region 2 without consideration of the burnup curves. 
The physical handling, insertion, removal, and storage of fuel 
assemblies in SFP racks will not change. The NAPS program for 
choosing fuel assembly storage locations, for fuel handling, and for 
assuring that the fuel assemblies are placed into correct locations 
will remain in place. Thus, the probability of a fuel assembly 
misloading or a fuel assembly drop in the SFP will not significantly 
increase due to the proposed change.
    A number of postulated accidents for the SFP were reviewed for 
the proposed change which included postulated fuel assembly 
misloading and drop scenarios. The criticality safety evaluation for 
the SFP concluded that the limiting accident, which bounds all other 
scenarios, is a multiple misload of a maximum reactivity fuel 
assembly into each SFP storage location. The criticality safety 
evaluation concluded that a[n] SFP soluble boron concentration of 
2600 [parts per million (ppm)] will maintain keff <=0.95 
including all uncertainties and biases for this postulated scenario. 
The current TS, which is not being changed, requires a minimum 
concentration of 2600 ppm soluble boron at all times that fuel is in 
the SFP. Since there is no change to the plant equipment that 
maintains boron concentration or how the boron

[[Page 9557]]

concentration is maintained, the probability of an accident 
involving an incorrect amount of SFP soluble boron is not 
significantly increased. Also, since keff would remain 
<=0.95, there is no significant increase in the consequences of a 
postulated accident.
    There are no changes to plant equipment, including its operation 
and maintenance, as a result of the proposed change, including 
equipment associated with maintaining SFP soluble boron 
concentration or possible flow paths that could contribute to a 
boron dilution event. Thus, no new avenues for a boron dilution 
event will be created. There will be no change regarding how the 
plant maintains boron concentration or responds to a boron dilution 
event. The criticality safety evaluation for the postulated boron 
dilution event shows that, like the existing analysis, the SFP 
maintains keff <=0.95 at 900 ppm soluble boron. Thus, 
there is no significant increase in the probability or consequences 
of a boron dilution accident.
    In each of the above scenarios the proposed change does not 
significantly increase the probability of an accident previously 
evaluated. In each postulated accident keff continues to 
be less than or equal to the licensing limit of 0.95, or less than 
0.98 for the NFSR optimum moderation scenario.
    The NAPS SFP is currently licensed to store a fuel assembly in 
each of the 1737 spent fuel rack storage locations. Thus, the SFP 
seismic/structural loading requirements for the proposed change are 
bounded by the existing TS which have been shown to protect the fuel 
during normal and accident conditions, including during a postulated 
seismic event. Thus, there is no increase in the consequences of a 
seismic event.
    The proposed license amendment makes no changes to any safety 
analysis limits, including core power level, operating temperature 
or pressure, or peaking factors. There are no changes being made to 
any fuel burnup limits. Thus, it is concluded that:
     There is no increase in the radiological consequences 
in response to postulated accidents,
     there is no change to the maximum allowable SFP heat 
load,
     there is no impact on fuel rod integrity during normal 
or accident conditions, and
     there is no impact on the ability of RCCAs to fully 
insert during normal or accident conditions.
    Thus, it is concluded that the probability or consequences of a 
previously evaluated accident do not significantly increase.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    There is no change to any plant equipment, including how 
equipment is operated and maintained. Equipment used to handle fuel 
assemblies (or any heavy load) over the NFSR or the SFP, or how the 
fuel assemblies are stored, inserted into and removed from fuel 
storage locations is not changed. There is no change to how RCCAs 
will be inserted into or removed from a fuel assembly or other 
location, or otherwise how RCCAs are handled. Any fuel assemblies 
containing a[n] RCCA may now be stored in Region 2 without being in 
the ``Acceptable'' region of the burnup curves. However, if such an 
assembly was stored in Region 2 without the RCCA, it would be 
treated as any other fuel misload event in which an assembly is 
stored in Region 2 without meeting the requirements of the burnup 
curves. Thus, there are no new accidents created over and above the 
existing postulated accidents of a fuel misload or a fuel assembly 
drop in the SFP, or a flooding event in the NFSR area.
    Also, since there is no change to the plant equipment or how 
equipment is operated and maintained, the probability of a new type 
of accident that could impact the SFP or NFSR is not significantly 
increased.
    Since the proposed change will not change fuel/RCCA handling 
equipment or how fuel assemblies and RCCAs are handled and stored, 
nor will it change any other plant equipment, there is no mechanism 
for creating a new or different kind of accident not previously 
evaluated. Thus, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change does not involve a significant reduction in 
a margin of safety.
    The licensing requirement for the SFP is that keff 
remain <=0.95 under normal and all postulated accident conditions 
with credit for soluble boron. The criticality safety evaluation 
concluded that this requirement is met for the bounding postulated 
accident of a multiple misload of a maximum reactivity fuel assembly 
into each SFP storage location, and for the postulated boron 
dilution event.
    In addition the criticality safety evaluation concluded the 
following regarding normal conditions with 0 ppm soluble boron in 
the SFP:
     The SFP will maintain keff <1.0.
     For a fuel handling event that brings two fresh 5.0 
weight percent U-235 fuel assemblies, not stored in a spent fuel 
rack or dry shielded container, [near] each other, keff 
is maintained <0.95 with 0 ppm of soluble boron in the SFP water for 
a distance >12 inches. With credit for soluble boron keff 
is maintained <0.95 for any distance less than 12 inches apart.
    The criticality safety evaluation also allows the following 
storage configurations. In each case the storage configuration 
either reduces or does not increase reactivity assuring that 
keff margin is maintained:
     Storing a[n] RCCA and/or cell blocker in a Region 1 
empty location.
     Storing non-fuel components in any spent fuel rack 
storage location where fuel assemblies are allowed.
     Storing non-fuel components in the guide tubes of any 
fuel assembly.
    The criticality safety evaluation evaluated Non-standard Fuel 
Assemblies stored in the NAPS SFP to determine whether they need to 
contain a[n] RCCA for Region 2 storage. This information is used to 
maintain keff margin when storing Non-standard Fuel 
Assemblies.
    The licensing requirements for the NFSR is that keff 
remain <=0.95 for the fully flooded scenario, and <0.98 for the 
optimum moderation scenario. The criticality safety evaluation 
concluded that these requirements are met assuming each storage 
location is loaded with a maximum reactivity fuel assembly.
    Thus, all the margins of safety are maintained, and 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 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Lillian M. Cuoco, Senior Counsel, Dominion 
Resources Services, Inc., 120 Tredegar Street, RS-2, Richmond, Virginia 
23219.
    NRC Branch Chief: Michael T. Markley.

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

Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia

Virginia Electric and Power Company, Docket Nos. 50-338 and 50-339, 
North Anna Power Station, Units 1 and 2, Louisa County, Virginia

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request access to SUNSI. A ``potential party'' is any person who 
intends to participate as a party by demonstrating standing and filing 
an admissible contention under 10 CFR 2.309. Requests for access to 
SUNSI submitted later than 10 days after publication of this notice 
will not be considered absent a showing of good cause for the late 
filing, addressing why the request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate

[[Page 9558]]

General Counsel for Hearings, Enforcement and Administration, Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. The expedited delivery or courier mail address for both 
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, 
Rockville, Maryland 20852. The email address for the Office of the 
Secretary and the Office of the General Counsel are 
[email protected] and [email protected], respectively.\1\ The 
request must include the following information:
---------------------------------------------------------------------------

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

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

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

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

    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012) apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI 
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. The 
attachment to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.

    It is so ordered.

    Dated at Rockville, Maryland, on February 12, 2018.

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

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
           Day                             Event/activity
------------------------------------------------------------------------
0........................  Publication of Federal Register notice of
                            hearing and opportunity to petition for
                            leave to intervene, including order with
                            instructions for access requests.

[[Page 9559]]

 
10.......................  Deadline for submitting requests for access
                            to Sensitive Unclassified Non-Safeguards
                            Information (SUNSI) with information:
                            Supporting the standing of a potential party
                            identified by name and address; describing
                            the need for the information in order for
                            the potential party to participate
                            meaningfully in an adjudicatory proceeding.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; and (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 petitioner/requestor reply).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requester of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            petitioner/requester to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of opportunity to request a hearing
                            and petition for leave to intervene), the
                            petitioner may file its SUNSI contentions by
                            that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2018-03235 Filed 3-5-18; 8:45 am]
BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices                                            9553

                                                NUCLEAR REGULATORY                                      Submitting Comments’’ in the                          submission to the NRC, then you should
                                                COMMISSION                                              SUPPLEMENTARY INFORMATION    section of               inform those persons not to include
                                                                                                        this document.                                        identifying or contact information that
                                                [NRC–2018–0027]
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      they do not want to be publicly
                                                Applications and Amendments to                          Janet Burkhardt, Office of Nuclear                    disclosed in their comment submission.
                                                Facility Operating Licenses and                         Reactor Regulation, U.S. Nuclear                      Your request should state that the NRC
                                                Combined Licenses Involving                             Regulatory Commission, Washington,                    does not routinely edit comment
                                                Proposed No Significant Hazards                         DC 20555–0001; telephone: 301–415–                    submissions to remove such information
                                                Considerations and Containing                           1384; email: Janet.Burkhardt@nrc.gov.                 before making the comment
                                                Sensitive Unclassified Non-Safeguards                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                              submissions available to the public or
                                                Information and Order Imposing                                                                                entering the comment into ADAMS.
                                                                                                        I. Obtaining Information and
                                                Procedures for Access to Sensitive                      Submitting Comments                                   II. Background
                                                Unclassified Non-Safeguards                                                                                      Pursuant to Section 189a.(2) of the
                                                Information                                             A. Obtaining Information                              Atomic Energy Act of 1954, as amended
                                                AGENCY:  Nuclear Regulatory                                Please refer to Docket ID NRC–2018–                (the Act), the NRC is publishing this
                                                Commission.                                             0027, facility name, unit number(s),                  notice. The Act requires the
                                                ACTION: License amendment request;
                                                                                                        plant docket number, application date,                Commission to publish notice of any
                                                notice of opportunity to comment,                       and subject when contacting the NRC                   amendments issued, or proposed to be
                                                request a hearing, and petition for leave               about the availability of information for             issued and grants the Commission the
                                                to intervene; order imposing                            this action. You may obtain publicly-                 authority to issue and make
                                                procedures.                                             available information related to this                 immediately effective any amendment
                                                                                                        action by any of the following methods:               to an operating license or combined
                                                SUMMARY:   The U.S. Nuclear Regulatory                     • Federal Rulemaking Website: Go to                license, as applicable, upon a
                                                Commission (NRC) received and is                        http://www.regulations.gov and search                 determination by the Commission that
                                                considering approval of two amendment                   for Docket ID NRC–2018–0027.                          such amendment involves no significant
                                                requests. The amendment requests are                       • NRC’s Agencywide Documents                       hazards consideration, notwithstanding
                                                for North Anna Power Station, Units 1                   Access and Management System                          the pendency before the Commission of
                                                and 2, and Vogtle Electric Generating                   (ADAMS): You may obtain publicly-                     a request for a hearing from any person.
                                                Plant, Units 3 and 4. For each                          available documents online in the                        This notice includes notices of
                                                amendment request, the NRC proposes                     ADAMS Public Documents collection at                  amendments containing SUNSI.
                                                to determine that they involve no                       http://www.nrc.gov/reading-rm/
                                                                                                                                                              III. Notice of Consideration of Issuance
                                                significant hazards consideration.                      adams.html. To begin the search, select
                                                                                                                                                              of Amendments to Facility Operating
                                                Because each amendment request                          ‘‘ADAMS Public Documents’’ and then
                                                                                                                                                              Licenses and Combined Licenses,
                                                contains sensitive unclassified non-                    select ‘‘Begin Web-based ADAMS
                                                                                                                                                              Proposed No Significant Hazards
                                                safeguards information (SUNSI), an                      Search.’’ For problems with ADAMS,
                                                                                                                                                              Consideration Determination, and
                                                order imposes procedures to obtain                      please contact the NRC’s Public
                                                                                                                                                              Opportunity for a Hearing
                                                access to SUNSI for contention                          Document Room (PDR) reference staff at
                                                preparation.                                            1–800–397–4209, 301–415–4737, or by                      The Commission has made a
                                                                                                        email to pdr.resource@nrc.gov. The                    proposed determination that the
                                                DATES:  Comments must be filed by April                 ADAMS accession number for each                       following amendment requests involve
                                                5, 2018. A request for a hearing must be                document referenced (if it is available in            no significant hazards consideration.
                                                filed by May 7, 2018. Any potential                     ADAMS) is provided the first time that                Under the Commission’s regulations in
                                                party as defined in § 2.4 of title 10 of the            it is mentioned in this document.                     10 CFR 50.92, this means that operation
                                                Code of Federal Regulations (10 CFR),                      • NRC’s PDR: You may examine and                   of the facility in accordance with the
                                                who believes access to SUNSI is                         purchase copies of public documents at                proposed amendment would not (1)
                                                necessary to respond to this notice must                the NRC’s PDR, Room O1–F21, One                       involve a significant increase in the
                                                request document access by March 16,                    White Flint North, 11555 Rockville                    probability or consequences of an
                                                2018.                                                   Pike, Rockville, Maryland 20852.                      accident previously evaluated, or (2)
                                                ADDRESSES: You may submit comments                                                                            create the possibility of a new or
                                                by any of the following methods:                        B. Submitting Comments                                different kind of accident from any
                                                   • Federal Rulemaking website: Go to                    Please include Docket ID NRC–2018–                  accident previously evaluated, or (3)
                                                http://www.regulations.gov and search                   0027, facility name, unit number(s),                  involve a significant reduction in a
                                                for Docket ID NRC–2018–0027. Address                    plant docket number, application date,                margin of safety. The basis for this
                                                questions about NRC dockets to Jennifer                 and subject in your comment                           proposed determination for each
                                                Borges; telephone: 301–287–9127;                        submission.                                           amendment request is shown below.
                                                email: Jennifer.Borges@nrc.gov. For                       The NRC cautions you not to include                    The Commission is seeking public
                                                technical questions, contact the                        identifying or contact information that               comments on this proposed
                                                individual listed in the FOR FURTHER                    you do not want to be publicly                        determination. Any comments received
                                                INFORMATION CONTACT section of this                     disclosed in your comment submission.                 within 30 days after the date of
                                                document.                                               The NRC will post all comment                         publication of this notice will be
                                                   • Mail comments to: May Ma, Office
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        submissions at http://                                considered in making any final
                                                of Administration, Mail Stop: TWFN–3–                   www.regulations.gov as well as enter the              determination.
                                                D1, U.S. Nuclear Regulatory                             comment submissions into ADAMS.                          Normally, the Commission will not
                                                Commission, Washington, DC 20555–                       The NRC does not routinely edit                       issue the amendment until the
                                                0001.                                                   comment submissions to remove                         expiration of 60 days after the date of
                                                   For additional direction on obtaining                identifying or contact information.                   publication of this notice. The
                                                information and submitting comments,                      If you are requesting or aggregating                Commission may issue the license
                                                see ‘‘Obtaining Information and                         comments from other persons for                       amendment before expiration of the 60-


                                           VerDate Sep<11>2014   21:39 Mar 05, 2018   Jkt 244001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\06MRN1.SGM   06MRN1


                                                9554                           Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices

                                                day period provided that its final                      proceeding. Each contention must                      amendment request involves a
                                                determination is that the amendment                     consist of a specific statement of the                significant hazards consideration, then
                                                involves no significant hazards                         issue of law or fact to be raised or                  any hearing held would take place
                                                consideration. In addition, the                         controverted. In addition, the petitioner             before the issuance of the amendment
                                                Commission may issue the amendment                      must provide a brief explanation of the               unless the Commission finds an
                                                prior to the expiration of the 30-day                   bases for the contention and a concise                imminent danger to the health or safety
                                                comment period if circumstances                         statement of the alleged facts or expert              of the public, in which case it will issue
                                                change during the 30-day comment                        opinion which support the contention                  an appropriate order or rule under 10
                                                period such that failure to act in a                    and on which the petitioner intends to                CFR part 2.
                                                timely way would result, for example,                   rely in proving the contention at the                    A State, local governmental body,
                                                in derating or shutdown of the facility.                hearing. The petitioner must also                     Federally-recognized Indian Tribe, or
                                                If the Commission takes action prior to                 provide references to the specific                    agency thereof, may submit a petition to
                                                the expiration of either the comment                    sources and documents on which the                    the Commission to participate as a party
                                                period or the notice period, it will                    petitioner intends to rely to support its             under 10 CFR 2.309(h)(1). The petition
                                                publish a notice of issuance in the                     position on the issue. The petition must              should state the nature and extent of the
                                                Federal Register. If the Commission                     include sufficient information to show                petitioner’s interest in the proceeding.
                                                makes a final no significant hazards                    that a genuine dispute exists with the                The petition should be submitted to the
                                                consideration determination, any                        applicant or licensee on a material issue             Commission no later than 60 days from
                                                hearing will take place after issuance.                 of law or fact. Contentions must be                   the date of publication of this notice.
                                                The Commission expects that the need                    limited to matters within the scope of                The petition must be filed in accordance
                                                to take this action will occur very                     the proceeding. The contention must be                with the filing instructions in the
                                                infrequently.                                           one which, if proven, would entitle the               ‘‘Electronic Submissions (E-Filing)’’
                                                                                                        petitioner to relief. A petitioner who                section of this document, and should
                                                A. Opportunity To Request a Hearing                                                                           meet the requirements for petitions set
                                                                                                        fails to satisfy the requirements at 10
                                                and Petition for Leave To Intervene                                                                           forth in this section, except that under
                                                                                                        CFR 2.309(f) with respect to at least one
                                                   Within 60 days after the date of                     contention will not be permitted to                   10 CFR 2.309(h)(2) a State, local
                                                publication of this notice, any persons                 participate as a party.                               governmental body, or Federally-
                                                (petitioner) whose interest may be                         Those permitted to intervene become                recognized Indian Tribe, or agency
                                                affected by this action may file a request              parties to the proceeding, subject to any             thereof does not need to address the
                                                for a hearing and petition for leave to                 limitations in the order granting leave to            standing requirements in 10 CFR
                                                intervene (petition) with respect to the                intervene. Parties have the opportunity               2.309(d) if the facility is located within
                                                action. Petitions shall be filed in                     to participate fully in the conduct of the            its boundaries. Alternatively, a State,
                                                accordance with the Commission’s                        hearing with respect to resolution of                 local governmental body, Federally-
                                                ‘‘Agency Rules of Practice and                          that party’s admitted contentions,                    recognized Indian Tribe, or agency
                                                Procedure’’ in 10 CFR part 2. Interested                including the opportunity to present                  thereof may participate as a non-party
                                                persons should consult a current copy                   evidence, consistent with the NRC’s                   under 10 CFR 2.315(c).
                                                of 10 CFR 2.309. The NRC’s regulations                  regulations, policies, and procedures.                   If a hearing is granted, any person
                                                are accessible electronically from the                     Petitions must be filed no later than              who is not a party to the proceeding and
                                                NRC Library on the NRC’s website at                     60 days from the date of publication of               is not affiliated with or represented by
                                                http://www.nrc.gov/reading-rm/doc-                      this notice. Petitions and motions for                a party may, at the discretion of the
                                                collections/cfr/. Alternatively, a copy of              leave to file new or amended                          presiding officer, be permitted to make
                                                the regulations is available at the NRC’s               contentions that are filed after the                  a limited appearance pursuant to the
                                                Public Document Room, located at One                    deadline will not be entertained absent               provisions of 10 CFR 2.315(a). A person
                                                White Flint North, Room O1–F21, 11555                   a determination by the presiding officer              making a limited appearance may make
                                                Rockville Pike (first floor), Rockville,                that the filing demonstrates good cause               an oral or written statement of his or her
                                                Maryland 20852. If a petition is filed,                 by satisfying the three factors in 10 CFR             position on the issues but may not
                                                the Commission or a presiding officer                   2.309(c)(1)(i) through (iii). The petition            otherwise participate in the proceeding.
                                                will rule on the petition and, if                       must be filed in accordance with the                  A limited appearance may be made at
                                                appropriate, a notice of a hearing will be              filing instructions in the ‘‘Electronic               any session of the hearing or at any
                                                issued.                                                 Submissions (E-Filing)’’ section of this              prehearing conference, subject to the
                                                   As required by 10 CFR 2.309(d) the                   document.                                             limits and conditions as may be
                                                petition should specifically explain the                   If a hearing is requested, and the                 imposed by the presiding officer. Details
                                                reasons why intervention should be                      Commission has not made a final                       regarding the opportunity to make a
                                                permitted with particular reference to                  determination on the issue of no                      limited appearance will be provided by
                                                the following general requirements for                  significant hazards consideration, the                the presiding officer if such sessions are
                                                standing: (1) The name, address, and                    Commission will make a final                          scheduled.
                                                telephone number of the petitioner; (2)                 determination on the issue of no
                                                the nature of the petitioner’s right under              significant hazards consideration. The                B. Electronic Submissions (E-Filing)
                                                the Act to be made a party to the                       final determination will serve to                       All documents filed in NRC
                                                proceeding; (3) the nature and extent of                establish when the hearing is held. If the            adjudicatory proceedings, including a
                                                the petitioner’s property, financial, or                final determination is that the                       request for hearing and petition for
                                                                                                        amendment request involves no                         leave to intervene (petition), any motion
sradovich on DSK3GMQ082PROD with NOTICES




                                                other interest in the proceeding; and (4)
                                                the possible effect of any decision or                  significant hazards consideration, the                or other document filed in the
                                                order which may be entered in the                       Commission may issue the amendment                    proceeding prior to the submission of a
                                                proceeding on the petitioner’s interest.                and make it immediately effective,                    request for hearing or petition to
                                                   In accordance with 10 CFR 2.309(f),                  notwithstanding the request for a                     intervene, and documents filed by
                                                the petition must also set forth the                    hearing. Any hearing would take place                 interested governmental entities that
                                                specific contentions which the                          after issuance of the amendment. If the               request to participate under 10 CFR
                                                petitioner seeks to have litigated in the               final determination is that the                       2.315(c), must be filed in accordance


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                                                                               Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices                                                 9555

                                                with the NRC’s E-Filing rule (72 FR                     have advised the Office of the Secretary              have an NRC-issued digital ID certificate
                                                49139; August 28, 2007, as amended at                   that they wish to participate in the                  as described above, click cancel when
                                                77 FR 46562; August 3, 2012). The E-                    proceeding, so that the filer need not                the link requests certificates and you
                                                Filing process requires participants to                 serve the document on those                           will be automatically directed to the
                                                submit and serve all adjudicatory                       participants separately. Therefore,                   NRC’s electronic hearing dockets where
                                                documents over the internet, or in some                 applicants and other participants (or                 you will be able to access any publicly
                                                cases to mail copies on electronic                      their counsel or representative) must                 available documents in a particular
                                                storage media. Detailed guidance on                     apply for and receive a digital ID                    hearing docket. Participants are
                                                making electronic submissions may be                    certificate before adjudicatory                       requested not to include personal
                                                found in the Guidance for Electronic                    documents are filed so that they can                  privacy information, such as social
                                                Submissions to the NRC and on the NRC                   obtain access to the documents via the                security numbers, home addresses, or
                                                website at http://www.nrc.gov/site-help/                E-Filing system.                                      personal phone numbers in their filings,
                                                e-submittals.html. Participants may not                    A person filing electronically using               unless an NRC regulation or other law
                                                submit paper copies of their filings                    the NRC’s adjudicatory E-Filing system                requires submission of such
                                                unless they seek an exemption in                        may seek assistance by contacting the                 information. For example, in some
                                                accordance with the procedures                          NRC’s Electronic Filing Help Desk                     instances, individuals provide home
                                                described below.                                        through the ‘‘Contact Us’’ link located               addresses in order to demonstrate
                                                   To comply with the procedural                        on the NRC’s public website at http://                proximity to a facility or site. With
                                                requirements of E-Filing, at least 10                   www.nrc.gov/site-help/e-                              respect to copyrighted works, except for
                                                days prior to the filing deadline, the                  submittals.html, by email to                          limited excerpts that serve the purpose
                                                participant should contact the Office of                MSHD.Resource@nrc.gov, or by a toll-                  of the adjudicatory filings and would
                                                the Secretary by email at                               free call at 1–866–672–7640. The NRC                  constitute a Fair Use application,
                                                hearing.docket@nrc.gov, or by telephone                 Electronic Filing Help Desk is available              participants are requested not to include
                                                at 301–415–1677, to (1) request a digital               between 9 a.m. and 6 p.m., Eastern                    copyrighted materials in their
                                                identification (ID) certificate, which                  Time, Monday through Friday,                          submission.
                                                allows the participant (or its counsel or               excluding government holidays.
                                                representative) to digitally sign                          Participants who believe that they                 Southern Nuclear Operating Company,
                                                submissions and access the E-Filing                     have a good cause for not submitting                  Docket Nos. 52–025 and 52–026, Vogtle
                                                system for any proceeding in which it                   documents electronically must file an                 Electric Generating Plant, Units 3 and 4,
                                                is participating; and (2) advise the                    exemption request, in accordance with                 Burke County, Georgia
                                                Secretary that the participant will be                  10 CFR 2.302(g), with their initial paper                Date of amendment request:
                                                submitting a petition or other                          filing stating why there is good cause for            December 15, 2017. A publicly-available
                                                adjudicatory document (even in                          not filing electronically and requesting              version is in ADAMS under Accession
                                                instances in which the participant, or its              authorization to continue to submit                   No. ML17349A924.
                                                counsel or representative, already holds                documents in paper format. Such filings                  Description of amendment request:
                                                an NRC-issued digital ID certificate).                  must be submitted by: (1) First class                 This amendment request contains
                                                Based upon this information, the                        mail addressed to the Office of the                   sensitive unclassified non-safeguards
                                                Secretary will establish an electronic                  Secretary of the Commission, U.S.                     information (SUNSI). The requested
                                                docket for the hearing in this proceeding               Nuclear Regulatory Commission,                        amendment proposes consistency
                                                if the Secretary has not already                        Washington, DC 20555–0001, Attention:                 changes to combined license Appendix
                                                established an electronic docket.                       Rulemaking and Adjudications Staff; or                C (and to plant-specific Tier 1
                                                   Information about applying for a                     (2) courier, express mail, or expedited               information) and associated Tier 2* and
                                                digital ID certificate is available on the              delivery service to the Office of the                 Tier 2 information to clarify the
                                                NRC’s public website at http://                         Secretary, 11555 Rockville Pike,                      thickness of the Nuclear Island (NI)
                                                www.nrc.gov/site-help/e-submittals/                     Rockville, Maryland 20852, Attention:                 Basemat, to revise wall thicknesses and
                                                getting-started.html. Once a participant                Rulemaking and Adjudications Staff.                   descriptions in the Auxiliary Building,
                                                has obtained a digital ID certificate and               Participants filing adjudicatory                      and to clarify floor thicknesses in the
                                                a docket has been created, the                          documents in this manner are                          Annex Building. Pursuant to the
                                                participant can then submit                             responsible for serving the document on               provisions of 10 CFR 52.63(b)(1), an
                                                adjudicatory documents. Submissions                     all other participants. Filing is                     exemption from elements of the design
                                                must be in Portable Document Format                     considered complete by first-class mail               as certified in the 10 CFR part 52,
                                                (PDF). Additional guidance on PDF                       as of the time of deposit in the mail, or             Appendix D, design certification rule is
                                                submissions is available on the NRC’s                   by courier, express mail, or expedited                also requested for the plant-specific
                                                public website at http://www.nrc.gov/                   delivery service upon depositing the                  Design Control Document Tier 1
                                                site-help/electronic-sub-ref-mat.html. A                document with the provider of the                     material departures.
                                                filing is considered complete at the time               service. A presiding officer, having                     Basis for proposed no significant
                                                the document is submitted through the                   granted an exemption request from                     hazards consideration determination:
                                                NRC’s E-Filing system. To be timely, an                 using E-Filing, may require a participant             As required by 10 CFR 50.91(a), the
                                                electronic filing must be submitted to                  or party to use E-Filing if the presiding             licensee has provided its analysis of the
                                                the E-Filing system no later than 11:59                 officer subsequently determines that the              issue of no significant hazards
                                                p.m. Eastern Time on the due date.                      reason for granting the exemption from                consideration, which is presented
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                                                Upon receipt of a transmission, the E-                  use of E-Filing no longer exists.                     below:
                                                Filing system time-stamps the document                     Documents submitted in adjudicatory
                                                and sends the submitter an email notice                 proceedings will appear in the NRC’s                     1. Does the proposed amendment involve
                                                                                                        electronic hearing docket which is                    a significant increase in the probability or
                                                confirming receipt of the document. The
                                                                                                                                                              consequences of an accident previously
                                                E-Filing system also distributes an email               available to the public at https://                   evaluated?
                                                notice that provides access to the                      adams.nrc.gov/ehd, unless excluded                       Response: No.
                                                document to the NRC’s Office of the                     pursuant to an order of the Commission                   The proposed changes do not affect the
                                                General Counsel and any others who                      or the presiding officer. If you do not               operation or reliability of any system,



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                                                9556                           Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices

                                                structure or component (SSC) required to                thickness do not involve a reduction to the           assemblies are handled, including how fuel
                                                maintain a normal power operating condition             structural integrity of the seismic Category II       assemblies are inserted into and removed
                                                or to mitigate anticipated transients without           portion of the building, as adequate                  from SFP and NFSR storage locations. There
                                                safety-related systems. The change to the NI            reinforcement is provided in the floor of the         will be no changes to administrative means
                                                Basemat and Auxiliary Building dimensions               kitchen and restroom areas of the [Control            to verify correct fuel assembly storage in the
                                                is a consistency change, and involves no                Support Area (CSA)] to support the design             SFP, which will now also be used to verify
                                                design changes or technical reanalysis. The             function of the Annex Building. No margin             required [Rod Cluster Control Assembly
                                                change to the Annex Building concrete                   to the specified acceptable fuel design limits        (RCCA)] storage in selected Region 2
                                                thickness acceptance criteria is a clarification        is affected by the proposed changes.                  assemblies, or the required response to a fuel
                                                and does not involve a change to the design                                                                   assembly misloading or drop event. There are
                                                of the Annex Building or reanalysis of the                 The NRC staff has reviewed the                     no changes to how RCCAs will be handled,
                                                Annex Building. The change to the Annex                 licensee’s analysis and, based on this                including how RCCAs are inserted into or
                                                Building kitchen and restroom floor                     review, it appears that the three                     removed from a fuel assembly or other
                                                thickness involves only structural changes,             standards of 10 CFR 50.92(c) are                      location such as a[n] SFP storage location.
                                                and does not affect the performance of any              satisfied. Therefore, the NRC staff                   Also, since the proposed change does not
                                                SSC relied upon to maintain normal power                proposes to determine that the                        modify plant equipment or its operation and
                                                operation, or to effect safe shutdown using             amendment request involves no                         maintenance, including equipment used to
                                                nonsafety-related equipment. The change to                                                                    maintain SFP soluble boron levels, the
                                                the Annex Building kitchen and restroom
                                                                                                        significant hazards consideration.                    proposed change will not impact a boron
                                                floor thickness does not adversely affect                  Attorney for licensee: M. Stanford                 dilution event or plant response to it.
                                                occupational radiation dose to personnel in             Blanton, Balch & Bingham LLP, 1710                       The criticality safety evaluation concluded
                                                these areas because calculations show the               Sixth Avenue North, Birmingham,                       that the NFSR limiting accident is the
                                                dose rates in the Annex Building during                 Alabama 35203–2015.                                   optimum moderation condition with each
                                                normal operations and in post-accident                     NRC Branch Chief: Jennifer Dixon-                  storage location loaded with a maximum
                                                conditions are maintained within regulatory             Herrity.                                              reactivity fuel assembly. The NFSR will
                                                limits. Therefore, the requested amendment                                                                    maintain keff <0.98 for this postulated
                                                does not involve a significant increase in the          Virginia Electric and Power Company,                  scenario including all uncertainties and
                                                probability or consequences of an accident              Docket Nos. 50–338 and 50–339, North                  biases. The NFSR also maintains keff ≤0.95 for
                                                previously evaluated.                                   Anna Power Station (NAPS), Units 1                    the fully flooded scenario including all
                                                   2. Does the proposed amendment create                and 2, Louisa County, Virginia                        uncertainties and biases. Thus, the
                                                the possibility of a new or different kind of                                                                 consequences of an accident previously
                                                accident from any accident previously                      Date of amendment request: May 2,                  evaluated regarding the NFSR is not
                                                evaluated?                                              2017. A publicly-available version is in              significantly increased. There is no change to
                                                   Response: No.                                        ADAMS under Accession No.                             the plant equipment or its operation and
                                                   The proposed changes do not affect the               ML17129A446.                                          maintenance due to the proposed change.
                                                operation of any safety-related SSC relied                 Description of amendment request:                  Thus, the probability of a flooding accident
                                                upon to mitigate design basis accidents. The            This amendment request contains                       that could impact the NFSR is not
                                                proposed changes to the NI Basemat and the              sensitive unclassified non-safeguards                 significantly increased.
                                                Auxiliary Building resolve inconsistencies to                                                                    Regarding the SFP, there will now be two
                                                                                                        information (SUNSI). The amendments
                                                reflect NI existing structural design, which                                                                  storage Regions. The process of choosing fuel
                                                has been analyzed and shown to comply with              would revise Technical Specification                  assembly storage locations will not change,
                                                seismic and structural criteria. The change to          (TS) 3.7.18, ‘‘Spent Fuel Pool Storage,’’             except that the storage arrangement
                                                the Annex Building concrete thickness                   and TS 4.3.1, ‘‘Criticality,’’ to allow the           (checkerboard) and burnup requirements will
                                                acceptance criteria is a clarification, and does        storage of fuel assemblies with a                     be revised and assemblies containing an
                                                not involve a change to the design of the               maximum enrichment of up to 5.0                       RCCA can be stored in Region 2 without
                                                Annex Building or reanalysis of the Annex               weight percent uranium 235 (U–235) in                 consideration of the burnup curves. The
                                                Building. The seismic Category II section of            the NAPS spent fuel pool (SFP) storage                physical handling, insertion, removal, and
                                                the Annex Building has been shown to                    racks and the new fuel storage racks                  storage of fuel assemblies in SFP racks will
                                                maintain its structural integrity following a                                                                 not change. The NAPS program for choosing
                                                                                                        (NFSR). The amendments would further
                                                design basis earthquake. The proposed                                                                         fuel assembly storage locations, for fuel
                                                changes to the Annex Building kitchen and               revise the allowable fuel assembly                    handling, and for assuring that the fuel
                                                restroom floor thickness do not affect the              parameters and storage patterns for fuel              assemblies are placed into correct locations
                                                structural integrity or seismic response of the         in the SFP.                                           will remain in place. Thus, the probability of
                                                Annex Building. The design of these                        Basis for proposed no significant                  a fuel assembly misloading or a fuel assembly
                                                structures continues to meet the                        hazards consideration determination:                  drop in the SFP will not significantly
                                                requirements of 10 CFR 50 Appendix A                    As required by 10 CFR 50.91(a), the                   increase due to the proposed change.
                                                General Design Criterion 2, Design Bases for            licensee has provided its analysis of the                A number of postulated accidents for the
                                                Protection Against Natural Phenomena.                   issue of no significant hazards                       SFP were reviewed for the proposed change
                                                Therefore, the proposed changes do not                                                                        which included postulated fuel assembly
                                                                                                        consideration, which is presented
                                                create the possibility of a new or different                                                                  misloading and drop scenarios. The
                                                kind of accident from any previously                    below:                                                criticality safety evaluation for the SFP
                                                evaluated.                                                1. Does the proposed change involve a               concluded that the limiting accident, which
                                                   3. Does the proposed amendment involve               significant increase in the probability or            bounds all other scenarios, is a multiple
                                                a significant reduction in a margin of safety?          consequences of an accident previously                misload of a maximum reactivity fuel
                                                   Response: No.                                        evaluated?                                            assembly into each SFP storage location. The
                                                   The proposed changes do not affect                     Response: No.                                       criticality safety evaluation concluded that
                                                existing safety margins. The proposed                     The proposed change does not involve a              a[n] SFP soluble boron concentration of 2600
                                                changes to the NI Basemat and the Auxiliary             significant increase in the probability or            [parts per million (ppm)] will maintain keff
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                                                Building resolve inconsistencies to reflect NI          consequences of an accident previously                ≤0.95 including all uncertainties and biases
                                                existing structural design. The change to the           evaluated.                                            for this postulated scenario. The current TS,
                                                Annex Building concrete thickness                         The proposed change will not affect the             which is not being changed, requires a
                                                acceptance criteria is a clarification, and does        plant equipment or structure, including the           minimum concentration of 2600 ppm soluble
                                                not involve a change to the design of the               SFP, NFSR, or fuel handling equipment,                boron at all times that fuel is in the SFP.
                                                Annex Building or reanalysis of the Annex               including how equipment is operated and               Since there is no change to the plant
                                                Building. The proposed changes to the                   maintained. There are no changes to the               equipment that maintains boron
                                                Annex Building kitchen and restroom floor               equipment for fuel handling or how fuel               concentration or how the boron



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                                                                               Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices                                               9557

                                                concentration is maintained, the probability            or removed from a fuel assembly or other                The licensing requirements for the NFSR is
                                                of an accident involving an incorrect amount            location, or otherwise how RCCAs are                  that keff remain ≤0.95 for the fully flooded
                                                of SFP soluble boron is not significantly               handled. Any fuel assemblies containing a[n]          scenario, and <0.98 for the optimum
                                                increased. Also, since keff would remain                RCCA may now be stored in Region 2                    moderation scenario. The criticality safety
                                                ≤0.95, there is no significant increase in the          without being in the ‘‘Acceptable’’ region of         evaluation concluded that these requirements
                                                consequences of a postulated accident.                  the burnup curves. However, if such an                are met assuming each storage location is
                                                   There are no changes to plant equipment,             assembly was stored in Region 2 without the           loaded with a maximum reactivity fuel
                                                including its operation and maintenance, as             RCCA, it would be treated as any other fuel           assembly.
                                                a result of the proposed change, including              misload event in which an assembly is stored            Thus, all the margins of safety are
                                                equipment associated with maintaining SFP               in Region 2 without meeting the                       maintained, and the proposed change does
                                                soluble boron concentration or possible flow            requirements of the burnup curves. Thus,              not involve a significant reduction in a
                                                paths that could contribute to a boron                  there are no new accidents created over and           margin of safety.
                                                dilution event. Thus, no new avenues for a              above the existing postulated accidents of a
                                                                                                        fuel misload or a fuel assembly drop in the
                                                                                                                                                                 The NRC staff has reviewed the
                                                boron dilution event will be created. There
                                                                                                        SFP, or a flooding event in the NFSR area.            licensee’s analysis and, based on this
                                                will be no change regarding how the plant
                                                maintains boron concentration or responds to               Also, since there is no change to the plant        review, it appears that the three
                                                a boron dilution event. The criticality safety          equipment or how equipment is operated and            standards of 10 CFR 50.92(c) are
                                                evaluation for the postulated boron dilution            maintained, the probability of a new type of          satisfied. Therefore, the NRC staff
                                                event shows that, like the existing analysis,           accident that could impact the SFP or NFSR            proposes to determine that the
                                                the SFP maintains keff ≤0.95 at 900 ppm                 is not significantly increased.                       amendment request involves no
                                                soluble boron. Thus, there is no significant               Since the proposed change will not change          significant hazards consideration.
                                                increase in the probability or consequences             fuel/RCCA handling equipment or how fuel                 Attorney for licensee: Lillian M.
                                                of a boron dilution accident.                           assemblies and RCCAs are handled and
                                                                                                        stored, nor will it change any other plant            Cuoco, Senior Counsel, Dominion
                                                   In each of the above scenarios the proposed                                                                Resources Services, Inc., 120 Tredegar
                                                change does not significantly increase the              equipment, there is no mechanism for
                                                probability of an accident previously                   creating a new or different kind of accident          Street, RS–2, Richmond, Virginia 23219.
                                                evaluated. In each postulated accident keff             not previously evaluated. Thus, the proposed             NRC Branch Chief: Michael T.
                                                continues to be less than or equal to the               change does not create the possibility of a           Markley.
                                                licensing limit of 0.95, or less than 0.98 for          new or different kind of accident from any
                                                                                                        accident previously evaluated.                        Order Imposing Procedures for Access
                                                the NFSR optimum moderation scenario.                                                                         to Sensitive Unclassified Non-
                                                   The NAPS SFP is currently licensed to                   3. Does the proposed change involve a
                                                store a fuel assembly in each of the 1737
                                                                                                        significant reduction in a margin of safety?          Safeguards Information for Contention
                                                                                                           Response: No.                                      Preparation
                                                spent fuel rack storage locations. Thus, the
                                                                                                           The proposed change does not involve a
                                                SFP seismic/structural loading requirements                                                                   Southern Nuclear Operating Company,
                                                                                                        significant reduction in a margin of safety.
                                                for the proposed change are bounded by the                                                                    Docket Nos. 52–025 and 52–026, Vogtle
                                                                                                           The licensing requirement for the SFP is
                                                existing TS which have been shown to                    that keff remain ≤0.95 under normal and all
                                                protect the fuel during normal and accident
                                                                                                                                                              Electric Generating Plant, Units 3 and 4,
                                                                                                        postulated accident conditions with credit            Burke County, Georgia
                                                conditions, including during a postulated               for soluble boron. The criticality safety
                                                seismic event. Thus, there is no increase in            evaluation concluded that this requirement is         Virginia Electric and Power Company,
                                                the consequences of a seismic event.                    met for the bounding postulated accident of           Docket Nos. 50–338 and 50–339, North
                                                   The proposed license amendment makes                 a multiple misload of a maximum reactivity            Anna Power Station, Units 1 and 2,
                                                no changes to any safety analysis limits,               fuel assembly into each SFP storage location,         Louisa County, Virginia
                                                including core power level, operating                   and for the postulated boron dilution event.
                                                temperature or pressure, or peaking factors.               In addition the criticality safety evaluation         A. This Order contains instructions
                                                There are no changes being made to any fuel             concluded the following regarding normal              regarding how potential parties to this
                                                burnup limits. Thus, it is concluded that:              conditions with 0 ppm soluble boron in the            proceeding may request access to
                                                   • There is no increase in the radiological           SFP:                                                  documents containing Sensitive
                                                consequences in response to postulated                     • The SFP will maintain keff <1.0.                 Unclassified Non-Safeguards
                                                accidents,                                                 • For a fuel handling event that brings two
                                                   • there is no change to the maximum
                                                                                                                                                              Information (SUNSI).
                                                                                                        fresh 5.0 weight percent U–235 fuel                      B. Within 10 days after publication of
                                                allowable SFP heat load,                                assemblies, not stored in a spent fuel rack or
                                                   • there is no impact on fuel rod integrity                                                                 this notice of hearing and opportunity to
                                                                                                        dry shielded container, [near] each other, keff
                                                during normal or accident conditions, and                                                                     petition for leave to intervene, any
                                                                                                        is maintained <0.95 with 0 ppm of soluble
                                                   • there is no impact on the ability of               boron in the SFP water for a distance >12             potential party who believes access to
                                                RCCAs to fully insert during normal or                  inches. With credit for soluble boron keff is         SUNSI is necessary to respond to this
                                                accident conditions.                                    maintained <0.95 for any distance less than           notice may request access to SUNSI. A
                                                   Thus, it is concluded that the probability           12 inches apart.                                      ‘‘potential party’’ is any person who
                                                or consequences of a previously evaluated                  The criticality safety evaluation also allows      intends to participate as a party by
                                                accident do not significantly increase.                 the following storage configurations. In each         demonstrating standing and filing an
                                                   2. Does the proposed change create the               case the storage configuration either reduces
                                                possibility of a new or different kind of
                                                                                                                                                              admissible contention under 10 CFR
                                                                                                        or does not increase reactivity assuring that
                                                accident from any accident previously                                                                         2.309. Requests for access to SUNSI
                                                                                                        keff margin is maintained:
                                                evaluated?                                                 • Storing a[n] RCCA and/or cell blocker in         submitted later than 10 days after
                                                   Response: No.                                        a Region 1 empty location.                            publication of this notice will not be
                                                   The proposed change does not create the                 • Storing non-fuel components in any               considered absent a showing of good
                                                possibility of a new or different kind of               spent fuel rack storage location where fuel           cause for the late filing, addressing why
                                                accident from any accident previously                   assemblies are allowed.                               the request could not have been filed
                                                evaluated.                                                 • Storing non-fuel components in the
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                                                                                                                                                              earlier.
                                                   There is no change to any plant equipment,           guide tubes of any fuel assembly.                        C. The requester shall submit a letter
                                                including how equipment is operated and                    The criticality safety evaluation evaluated        requesting permission to access SUNSI
                                                maintained. Equipment used to handle fuel               Non-standard Fuel Assemblies stored in the
                                                assemblies (or any heavy load) over the NFSR            NAPS SFP to determine whether they need
                                                                                                                                                              to the Office of the Secretary, U.S.
                                                or the SFP, or how the fuel assemblies are              to contain a[n] RCCA for Region 2 storage.            Nuclear Regulatory Commission,
                                                stored, inserted into and removed from fuel             This information is used to maintain keff             Washington, DC 20555–0001, Attention:
                                                storage locations is not changed. There is no           margin when storing Non-standard Fuel                 Rulemakings and Adjudications Staff,
                                                change to how RCCAs will be inserted into               Assemblies.                                           and provide a copy to the Associate


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                                                9558                                 Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices

                                                General Counsel for Hearings,                                 how the requestor may obtain copies of                     H. Review of Grants of Access. A
                                                Enforcement and Administration, Office                        the requested documents, and any other                  party other than the requester may
                                                of the General Counsel, U.S. Nuclear                          conditions that may apply to access to                  challenge an NRC staff determination
                                                Regulatory Commission, Washington,                            those documents. These conditions may                   granting access to SUNSI whose release
                                                DC 20555–0001. The expedited delivery                         include, but are not limited to, the                    would harm that party’s interest
                                                or courier mail address for both offices                      signing of a Non-Disclosure Agreement                   independent of the proceeding. Such a
                                                is: U.S. Nuclear Regulatory Commission,                       or Affidavit, or Protective Order 2 setting             challenge must be filed within 5 days of
                                                11555 Rockville Pike, Rockville,                              forth terms and conditions to prevent                   the notification by the NRC staff of its
                                                Maryland 20852. The email address for                         the unauthorized or inadvertent                         grant of access and must be filed with:
                                                the Office of the Secretary and the                           disclosure of SUNSI by each individual                  (a) The presiding officer designated in
                                                Office of the General Counsel are                             who will be granted access to SUNSI.                    this proceeding; (b) if no presiding
                                                Hearing.Docket@nrc.gov and                                       F. Filing of Contentions. Any                        officer has been appointed, the Chief
                                                OGCmailcenter@nrc.gov, respectively.1                         contentions in these proceedings that                   Administrative Judge, or if he or she is
                                                The request must include the following                        are based upon the information received                 unavailable, another administrative
                                                information:                                                  as a result of the request made for                     judge, or an Administrative Law Judge
                                                   (1) A description of the licensing                         SUNSI must be filed by the requestor no                 with jurisdiction pursuant to 10 CFR
                                                action with a citation to this Federal                        later than 25 days after receipt of (or                 2.318(a); or (c) if another officer has
                                                Register notice;                                              access to) that information. However, if                been designated to rule on information
                                                   (2) The name and address of the                            more than 25 days remain between the                    access issues, with that officer.
                                                potential party and a description of the                      petitioner’s receipt of (or access to) the                 If challenges to the NRC staff
                                                potential party’s particularized interest                     information and the deadline for filing                 determinations are filed, these
                                                that could be harmed by the action                            all other contentions (as established in                procedures give way to the normal
                                                identified in C.(1); and                                      the notice of hearing or opportunity for                process for litigating disputes
                                                   (3) The identity of the individual or                      hearing), the petitioner may file its                   concerning access to information. The
                                                entity requesting access to SUNSI and                         SUNSI contentions by that later                         availability of interlocutory review by
                                                the requester’s basis for the need for the                    deadline.                                               the Commission of orders ruling on
                                                information in order to meaningfully                             G. Review of Denials of Access.                      such NRC staff determinations (whether
                                                participate in this adjudicatory                                 (1) If the request for access to SUNSI               granting or denying access) is governed
                                                proceeding. In particular, the request                        is denied by the NRC staff after a                      by 10 CFR 2.311.3
                                                must explain why publicly available                           determination on standing and requisite                    I. The Commission expects that the
                                                versions of the information requested                         need, the NRC staff shall immediately                   NRC staff and presiding officers (and
                                                would not be sufficient to provide the                        notify the requestor in writing, briefly                any other reviewing officers) will
                                                basis and specificity for a proffered                         stating the reason or reasons for the                   consider and resolve requests for access
                                                contention.                                                   denial.                                                 to SUNSI, and motions for protective
                                                   D. Based on an evaluation of the                              (2) The requester may challenge the                  orders, in a timely fashion in order to
                                                information submitted under paragraph                         NRC staff’s adverse determination by                    minimize any unnecessary delays in
                                                C.(3) the NRC staff will determine                            filing a challenge within 5 days of                     identifying those petitioners who have
                                                within 10 days of receipt of the request                      receipt of that determination with: (a)                 standing and who have propounded
                                                whether:                                                      The presiding officer designated in this                contentions meeting the specificity and
                                                   (1) There is a reasonable basis to                         proceeding; (b) if no presiding officer                 basis requirements in 10 CFR part 2.
                                                believe the petitioner is likely to                           has been appointed, the Chief                           The attachment to this Order
                                                establish standing to participate in this                     Administrative Judge, or if he or she is                summarizes the general target schedule
                                                NRC proceeding; and                                           unavailable, another administrative                     for processing and resolving requests
                                                   (2) The requestor has established a                        judge, or an Administrative Law Judge                   under these procedures.
                                                legitimate need for access to SUNSI.                          with jurisdiction pursuant to 10 CFR
                                                   E. If the NRC staff determines that the                    2.318(a); or (c) if another officer has                   It is so ordered.
                                                requestor satisfies both D.(1) and D.(2)                      been designated to rule on information                    Dated at Rockville, Maryland, on February
                                                above, the NRC staff will notify the                          access issues, with that officer.                       12, 2018.
                                                requestor in writing that access to                              (3) Further appeals of decisions under                 For the Nuclear Regulatory Commission.
                                                SUNSI has been granted. The written                           this paragraph must be made pursuant                    Annette L. Vietti-Cook,
                                                notification will contain instructions on                     to 10 CFR 2.311.                                        Secretary of the Commission.

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

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



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                                                                                     Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices                                              9559

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

                                                10 ......................   Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
                                                                               Supporting the standing of a potential party identified by name and address; describing the need for the information in order
                                                                               for the potential party to participate meaningfully in an adjudicatory proceeding.
                                                60 ......................   Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
                                                                               lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
                                                20 ......................   U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
                                                                               access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-
                                                                               forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
                                                                               formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
                                                                               essing (preparation of redactions or review of redacted documents).
                                                25 ......................   If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
                                                                               to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
                                                                               Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
                                                                               party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
                                                                               file a motion seeking a ruling to reverse the NRC staff’s grant of access.
                                                30 ......................   Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
                                                40 ......................   (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
                                                                               file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
                                                                               Agreement for SUNSI.
                                                A .......................   If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
                                                                               to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
                                                                               final adverse determination by the NRC staff.
                                                A + 3 .................     Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
                                                                               tive order.
                                                A + 28 ...............      Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
                                                                               remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
                                                                               established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its
                                                                               SUNSI contentions by that later deadline.
                                                A + 53 ...............      (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
                                                A + 60 ...............      (Answer receipt +7) Petitioner/Intervenor reply to answers.
                                                >A + 60 .............       Decision on contention admission.



                                                [FR Doc. 2018–03235 Filed 3–5–18; 8:45 am]                      10:45 a.m.–12:15 p.m.: Topical Report                4:00 p.m.–6:00 p.m.: Preparation of
                                                BILLING CODE 7590–01–P                                       ANP–10333P, Revision 0, ‘‘AURORA–B:                   ACRS Reports (Open/Closed)—The
                                                                                                             An Evaluation Model for Boiling Water                 Committee will continue its discussion
                                                                                                             Reactors; Application to Control Rod                  of proposed ACRS reports. [Note: A
                                                NUCLEAR REGULATORY                                           Drop Accident (CRDA)’’ (Closed)—The                   portion of this session may be closed in
                                                COMMISSION                                                   Committee will hear briefings by and                  order to discuss and protect information
                                                                                                             discussion with representatives of the                designated as proprietary, pursuant to 5
                                                Advisory Committee on Reactor                                NRC staff and Framatome regarding the                 U.S.C. 552b(c)(4)].
                                                Safeguards; Notice of Meeting,                               subject topical report. [Note: This
                                                Revised                                                                                                            Friday, March 9, 2018, Conference
                                                                                                             session is closed in order to discuss and
                                                                                                                                                                   Room T–2B1, 11545 Rockville Pike,
                                                  In accordance with the purposes of                         protect information designated as
                                                                                                                                                                   Rockville, Maryland 20852
                                                Sections 29 and 182b of the Atomic                           proprietary, pursuant to 5 U.S.C.
                                                Energy Act (42 U.S.C. 2039, 2232b), the                      552b(c)(4)].                                             8:30 a.m.–10:00 a.m.: Future ACRS
                                                Advisory Committee on Reactor                                   1:15 p.m.–2:45 p.m.: Preparation of                Activities/Report of the Planning and
                                                Safeguards (ACRS) will hold a meeting                        ACRS Reports (Open/Closed)—The                        Procedures Subcommittee and
                                                March 8–10, 2018, 11545 Rockville                            Committee will continue its discussion                Reconciliation of ACRS Comments and
                                                Pike, Rockville, Maryland 20852.                             of proposed ACRS reports. [Note: A                    Recommendations (Open/Closed)—The
                                                                                                             portion of this session may be closed in              Committee will hear discussion of the
                                                Thursday, March 8, 2018, Conference                          order to discuss and protect information              recommendations of the Planning and
                                                Room T–2B1, 11545 Rockville Pike,                            designated as proprietary, pursuant to 5              Procedures Subcommittee regarding
                                                Rockville, Maryland 20852                                    U.S.C. 552b(c)(4)].                                   items proposed for consideration by the
                                                  8:30 a.m.–8:35 a.m.: Opening                                  3:00 p.m.–4:00 p.m.: Topical Report                Full Committee during future ACRS
                                                Remarks by the ACRS Chairman                                 APR1400–F–M–TR–13001–P, Revision 1,                   meetings. [Note: A portion of this
                                                (Open)—The ACRS Chairman will make                           ‘‘PLUS7 Fuel Design for the APR1400’’                 meeting may be closed pursuant to 5
                                                opening remarks regarding the conduct                        (Open/Closed)—The Committee will                      U.S.C. 552b(c)(2) and (6) to discuss
                                                                                                             hear briefings by and discussion with                 organizational and personnel matters
sradovich on DSK3GMQ082PROD with NOTICES




                                                of the meeting.
                                                  8:35 a.m.–10:30 a.m.: Regulatory                           representatives of the NRC staff and                  that relate solely to internal personnel
                                                Guide 1.232, ‘‘Guidance for Developing                       KNHP regarding the subject topical                    rules and practices of the ACRS, and
                                                Principal Design Criteria for Non-Light                      reports. [Note: A portion of this session             information the release of which would
                                                Water Reactors’’ (Open)—The                                  may be closed in order to discuss and                 constitute a clearly unwarranted
                                                Committee will hear briefings by and                         protect information designated as                     invasion of personal privacy].
                                                discussion with representatives of the                       proprietary, pursuant to 5 U.S.C.                        10:00 a.m.–11:00 a.m.: Preparation for
                                                NRC staff regarding the subject guide.                       552b(c)(4)].                                          Meeting with Commission (Open)—The


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Document Created: 2018-11-01 08:49:02
Document Modified: 2018-11-01 08:49:02
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 request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures.
DatesComments must be filed by April 5, 2018. A request for a hearing must be filed by May 7, 2018. Any potential party as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by March 16, 2018.
ContactJanet Burkhardt, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1384; email: [email protected]
FR Citation83 FR 9553 

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