[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11291-11297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4509]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-443; NRC-2011-0044]
NextEra Energy Seabrook, LLC; Seabrook Station Unit No. 1; Notice
of Consideration of Issuance of Amendment to Facility Operating
License, Proposed No Significant Hazards Consideration Determination,
Opportunity for a Hearing, and Order Imposing Procedures for Document
Access to Sensitive Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment request, opportunity to comment,
opportunity to request a hearing, and Commission order.
-----------------------------------------------------------------------
DATES: Submit comments by March 31, 2011. A request for a hearing must
be filed by May 2, 2011. Any potential party as defined in 10 CFR 2.4
who believes access to Sensitive Unclassified Non-Safeguards
Information and/or Safeguards Information is necessary to respond to
this notice must request document access by March 11, 2011.
ADDRESSES: Please include Docket ID NRC-2011-0044 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site http://www.regulations.gov. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
[[Page 11292]]
You may submit comments by any one of the following methods.
Federal rulemaking Web site: Go to http://www.regulations.gov and
search for documents filed under Docket ID NRC-2011-0044. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
[email protected].
Mail comments to: Chief, Rules, Announcements and Directives Branch
(RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by fax to RADB at
301-492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine, and have
copied for a fee, publicly available documents at the NRC's PDR, Room
O1 F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852. These documents may also be viewed electronically on
the public computers located at the NRC's PDR at 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected]. The application for amendment, dated January 27,
2011 is available electronically under ADAMS Accession No. ML110330202,
however, the application for amendment, refers to and relies upon
proprietary information previously submitted to the NRC and,
accordingly, that information is withheld from public disclosure.
Federal rulemaking Web site: Public comments and supporting
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2011-0044.
FOR FURTHER INFORMATION CONTACT: G. Edward Miller, Project Manager,
Plant Licensing Branch I-2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. Telephone: 301-415-2481; fax number:
301-415-2102; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-86 issued to NextEra Energy Seabrook, LLC (NextEra or the licensee)
for operation of the Seabrook Station, Unit No. 1 located in Rockingham
County, New Hampshire.
The proposed amendment would revise Technical Specifications (TSs)
related to the Steam Generators (SGs). Specifically, the proposed
amendment would modify TS 6.7.6.k, ``Steam Generator,'' and TS 6.8.1.7,
``Steam Generator Tube Inspection Report,'' to allow implementation of
alternate repair criteria.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10 CFR), 50.92, this means that operation of the facility in
accordance with the proposed amendment would not (1) Involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. The proposed changes do not involve a significant increase in
the probability or consequences of an accident previously evaluated.
Response: No.
The previously analyzed accidents are initiated by the failure
of plant structures, systems, or components. The proposed change
that alters the SG inspection and reporting criteria does not have a
detrimental impact on the integrity of any plant structure, system,
or component that initiates an analyzed event. The proposed change
will not alter the operation of, or otherwise increase the failure
probability of any plant equipment that initiates an analyzed
accident.
Of the applicable accidents previously evaluated, the limiting
transients with consideration to the proposed change to the SG tube
inspection and repair criteria are the steam generator tube rupture
(SGTR) event, the steam line break (SLB), and the feed line break
(FLB) postulated accidents.
During the SGRT event, the required structural integrity margins
of the SG tubes and the tube-to-tubesheet joint over the H* distance
will be maintained. Tube rupture in tubes with in tubes with cracks
within the tubesheet is precluded by the constraint provided by the
presence of the tubesheet and the tube-to-tubesheet joint. Tube
burst cannot occur within the thickness of the tubesheet. The tube-
to-tubesheet joint constraint results from the hydraulic expansion
process, thermal expansion mismatch between the tube and tubesheet,
and from the differential pressure between the primary and secondary
side, and tubesheet rotation. Based on this design, the structural
margins against burst, as discussed in Regulatory Guide (RG) 1.121,
``Bases for Plugging Degraded PWR [Pressurized-Water Reactor] Steam
Generator Tubes,'' and Technical Specification 6.7.6.k, are
maintained for both normal and postulated accident conditions.
The proposed change has no impact on the structural or leakage
integrity of the portion of the tube outside of the tubesheet. The
proposed change maintains structural and leakage integrity of the SG
tubes consistent with the performance criteria of TS 6.7.6.k.
Therefore, the proposed change results in no significant increase in
the probability of the occurrence of a SGTR accident.
At normal operating pressures, leakage from tube degradation
below the proposed limited inspection depth is limited by the tube-
to-tubesheet crevice. Consequently, negligible normal operating
leakage is expected from degradation below the inspected depth
within the tubesheet region. The consequences of an SGTR event are
not affected by the primary-to-secondary leakage flow during the
event as primary-to-secondary leakage flow through a postulated tube
that has been pulled out of the tubesheet is essentially equivalent
to a severed tube.
Therefore, the proposed change does not result in a significant
increase in the consequences of a SGTR.
The consequences of a SLB are also not significantly affected by
the proposed changes. During a SLB accident, the reduction in
pressure above the tubesheet on the shell side of the steam
generator creates an axially uniformly distributed load on the
tubesheet due to the reactor coolant system pressure on the
underside of the tubesheet. The resulting bending action constrains
the tubes in the tubesheet thereby restricting primary-to-secondary
leakage below the midplane.
Primary-to-secondary leakage from tube degradation in the
tubesheet area during the limiting accident (i.e., a SLB) is limited
by flow restrictions. These restrictions result from the crack and
tube-to-tubesheet contact pressures that provide a restricted
leakage path above the indications and also limit the degree of
potential crack face opening as compared to free span indications.
The leakage factor of 2.50 for Seabrook Station, for a
postulated SLB/FLB, has been calculated as shown in Table 9-7 of
Reference 10 [Proprietary Version, ADAMS Accession No. ML092650371,
Non-
[[Page 11293]]
Proprietary Version, ADAMS Accession No. ML092650370]. For the
condition monitoring assessment, the component of leakage from the
prior cycle from below the H* distance will be multiplied by a
factor of 2.50 and added to the total leakage from any other source
and compared to the allowable accident induced leakage limit. For
the operational assessment, the difference in the leakage between
the allowable leakage and the accident induced leakage from sources
other than the tubesheet expansion region will be divided by 2.50
and compared to the observed operational leakage.
The probability of a SLB is unaffected by the potential failure
of a steam generator tube as the failure of the tube is not an
initiator for a SLB event. SLB leakage is limited by leakage flow
restrictions resulting from the leakage path above potential cracks
through the tube-to-tubesheet crevice. The leak rate during
postulated accident conditions (including locked rotor) has been
shown to remain within the accident analysis assumptions for all
axial and or circumferentially oriented cracks occurring 15.2 inches
below the top of the tubesheet. The assumed accident induced leak
rate for Seabrook Station is 500 gallons per day (gpd) during a
postulated steam line break in the faulted loop. Using the limiting
leak rate factor of 2.50, this corresponds to an acceptable level of
operational leakage of 200 gpd. Therefore, the TS leak rate limit of
150 gpd provides significant added margin against the 500 gpd
accident analysis leak rate assumption.
Therefore, the proposed change does not involve a significant
increase in the probability or consequence of an accident previously
evaluated.
2. The proposed changes do not create the possibility of a new
or different kind of accident from any previously evaluated.
Response: No.
The proposed change that alters the SG inspection and reporting
criteria does not introduce any new equipment, create new failure
modes for existing equipment, or create any new limiting single
failures. Plant operation will not be altered, and all safety
functions will continue to perform as previously assumed in accident
analyses.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. The proposed changes do not involve a significant reduction
in the margin of safety.
Response: No.
The proposed change that alters the SG inspection and reporting
criteria maintains the required structural margins of the SG tubes
for both normal and accident conditions. Nuclear Energy Institute
97-06, Rev. 2 ``Steam Generator Program Guidelines,'' and NRC
Regulatory Guide (RG) 1.121, ``Bases for Plugging Degraded PWR Steam
Generator Tubes,'' are used as the bases in the development of the
limited hot leg tubesheet inspection depth methodology for
determining that SG tube integrity considerations are maintained
within acceptable limits. RG 1.121 describes a method acceptable to
the NRC for meeting General Design Criterion (GDC) 14, ``Reactor
Coolant Pressure Boundary,'' GDC 15, ``Reactor Coolant System
Design,'' GDC 31, ``Fracture Prevention of Reactor Coolant Pressure
Boundary,'' and GDC 32, ``Inspection of Reactor Coolant Pressure
Boundary,'' by reducing the probability and consequences of a SGTR.
RG 1.121 concludes that by determining the limiting safe conditions
for tube wall degradation, the probability and consequences of a
SGTR are reduced. This RG uses safety factors on loads for tube
burst that are consistent with the requirements of Section III of
the American Society of Mechanical Engineers (ASME) Code.
For axially oriented cracking located within the tubesheet, tube
burst is precluded due to the presence of the tubesheet. For
circumferentially oriented cracking, Westinghouse WCAP-17071-P
defines a length of degradation-free expanded tubing that provides
the necessary resistance to tube pullout due to the pressure induced
forces, with applicable safety factors applied. Application of the
limited hot and cold leg tubesheet inspection criteria will preclude
unacceptable primary-to-secondary leakage during all plant
conditions. The methodology for determining leakage as described in
WCAP-17071-P provides significant margin between the accident-
induced leakage assumption and the technical specification leakage
limit during normal operating conditions when the proposed limited
tubesheet inspection depth criteria is implemented.
Therefore, the proposed change does not involve a significant
reduction in any margin of safety.
The NRC staff has reviewed the licensee's analysis, as modified
above. 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.
The Commission is seeking public comments on this proposed
determination. Any comments received by March 31, 2011 will be
considered in making any final determination. You may submit comments
using any of the methods discussed under the ADDRESSES caption.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day 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 should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to
intervene, requirements for standing, and contentions.'' Interested
persons should consult 10 CFR part 2, section 2.309, which is available
at the NRC's Public Document Room (PDR), located at O1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR
at 800-397-4209 or 301-415-4737). NRC regulations are also accessible
electronically from the NRC's Electronic Reading Room on the NRC Web
site at http://www.nrc.gov.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the requestor/petitioner in the proceeding and how that
interest may be affected by the results of the proceeding. The petition
must provide the name, address, and telephone number of the requestor
or petitioner and specifically explain the reasons why the intervention
should be permitted with particular reference to the following factors:
(1) The nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (2) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest. The petition must also identify the specific contentions
which the requestor/petitioner seeks to have litigated at the
proceeding.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
[[Page 11294]]
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings the NRC must make to support
the granting of a license amendment in response to the application. The
petition must include a concise statement of the alleged facts or
expert opinions which support the position of the requestor/petitioner
and on which the requestor/petitioner intends to rely at hearing,
together with references to the specific sources and documents on which
the requestor/petitioner intends to rely. Finally, the petition must
provide sufficient information to show that a genuine dispute exists
with the applicant on a material issue of law or fact, including
references to specific portions of the application for amendment that
the requestor/petitioner disputes and the supporting reasons for each
dispute, or, if the requestor/petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requestor's/petitioner's belief. Each contention must
be one which, if proven, would entitle the requestor/petitioner to
relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The
Licensing Board will set the time and place for any prehearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by May
2, 2011. The petition must be filed in accordance with the filing
instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally-recognized Indian tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by May 2, 2011.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the Internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at 301-415-1677, to request (1)
a digital ID certificate, which allows the participant (or its counsel
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (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 NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
[[Page 11295]]
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at 866-672-7640. The NRC
Meta System Help Desk is available between 8 a.m. and 8 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
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, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/EHD, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. 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.
Petitions for leave to intervene must be filed no later than 60
days from March 1, 2011. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted or the contentions should be admitted, based
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
Attorney for licensee: M.S. Ross, Florida Power & Light Company,
P.O. Box 14000, Juno Beach, FL 33408-0420.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation.
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 such access. 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 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 requestor 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 General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, 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 e-mail
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);
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor'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
[[Page 11296]]
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
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted 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
either after a determination on standing and need for access, or after
a determination on trustworthiness and reliability, the NRC staff shall
immediately notify the requestor in writing, briefly stating the reason
or reasons for the denial.
(2) The requestor 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.
H. Review of Grants of Access. A party other than the requestor 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 with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
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\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) 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.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 23rd day of February 2011.
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.
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; (ii) all
contentions whose formulation does not
require access to SUNSI (+25 Answers to
petition for intervention; +7 requestor/
petitioner reply).
20........................... Nuclear Regulatory Commission (NRC) staff
informs the requestor 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
requestor/petitioner 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.
[[Page 11297]]
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 hearing or opportunity for
hearing), 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. 2011-4509 Filed 2-28-11; 8:45 am]
BILLING CODE 7590-01-P