[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Notices]
[Pages 52219-52223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20493]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7018; NRC-2013-0115]
Notice of Acceptance of Renewal Application for Special Nuclear
Materials License From Tennessee Valley Authority for Watts Bar Nuclear
Power Plant, Unit 2, Opportunity To Request a Hearing, and Petition for
Leave To Intervene, and Commission Order Imposing Procedures for Access
to Sensitive Unclassified Non-Safeguards Information for Contention
Preparation
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of acceptance of the license renewal application,
opportunity to request a hearing and to petition for leave to
intervene; order.
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DATES: Requests for a hearing and petitions for leave to intervene must
be filed by October 21, 2013. Any potential party as defined in Sec.
2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who
believes access to sensitive
[[Page 52220]]
unclassified non-safeguards information (SUNSI) is necessary to respond
to this notice must request document access by September 3, 2013.
ADDRESSES: Please include Docket ID NRC-2013-0115 in any response to
this notice. You may access publicly-available information related to
the license renewal application using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0115. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library 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 public version of the
Watts Bar Nuclear Power Plant, Unit 2, license renewal application,
dated August 23, 2012, is available electronically under ADAMS
Accession No. ML12264A545. The February 7, 2013, acceptance letter from
NRC's staff is available electronically under ADAMS Accession No.
ML13038A616.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Marilyn Diaz, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-9068, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) has received, by
letter dated August 23, 2012, a license renewal application (the
Application) from the Tennessee Valley Authority (TVA), regarding its
10 CFR part 70 special nuclear material (SNM) license for Watts Bar
Nuclear Power Plant, Unit 2 (WBN2), located at Spring City, Tennessee.
An NRC administrative review, documented in a letter to the TVA dated
February 7, 2013 (ADAMS Accession No. ML13038A61), found the
Application acceptable to begin a technical review. The NRC has
accordingly docketed the Application as Docket No. 70-7018. License No.
SNM-2014 authorizes the licensee to receive, possess, inspect and store
an initial core of SNM in the form of fresh fuel assemblies. License
No. SNM-2014 has an expiration date of June 30, 2013, but in accordance
with 10 CFR 70.38(a) the existing license does not expire unless the
NRC later makes a final decision to deny the pending renewal
application.
The TVA requested a license renewal to allow additional time to
complete the engineering, construction, and testing necessary to obtain
a 10 CFR part 50 operating license for WBN2. The TVA also submitted a
separate request to the NRC dated May 17, 2012 (ADAMS Accession No.
ML12143A346) for extension of its Construction Permit for WBN2 to
September 30, 2016. Therefore, the TVA is requesting an expiration date
of September 30, 2016, for License No. SNM-2014 to match its
Construction Permit.
Before approving the Application, the NRC will need to make the
findings required by the Atomic Energy Act of 1954, as amended, and the
NRC's regulations. These findings will be documented in a Safety
Evaluation Report (SER), and the NRC will also conduct an environmental
review of the Application.
II. Opportunity To Request a Hearing and Petitions for Leave To
Intervene
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,'' which is
available at the NRC's PDR, located at O1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852 (or call the PDR at 1-800-
397-4209 or 301-415-4737). The NRC's regulations are also accessible
electronically from the NRC's Library on the NRC's Web site at http://
www.nrc.gov/reading-rm/doc-collections/cfr/.
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 request for hearing and/or petition for leave to intervene in
accordance with 10 CFR 2.309(a). As required by 10 CFR 2.309(d), any
such request or petition for leave to intervene shall set forth with
particularity the interest of the 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
petitioner and specifically explain the reasons why intervention should
be permitted with particular reference to the following factors: (1)
The nature of the petitioner's right under the Act to be made a party
to the proceeding; (2) the nature and extent of the petitioner's
property, financial, or other interest in the proceeding; and (3) the
possible effect of any order that may be entered in the proceeding on
the petitioner's interest.
A request for hearing or petition for leave to intervene must also
include a specification of the contentions that the petitioner seeks to
have litigated in the hearing. Under 10 CFR 2.309(f), each contention
must contain 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 contention. Additionally, the petitioner also must demonstrate that
the issue raised by each contention is within the scope of the
proceeding and is material to the findings that the NRC must make to
support the granting of a license renewal in response to the
Application. The petitioner must also include a concise statement of
the alleged facts or expert opinions which support the position of the
petitioner, and on which the petitioner intends to rely at the hearing,
together with references to the specific sources and documents on which
the petitioner intends to rely. Finally, the petitioner 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 that the petitioner disputes and
the supporting reasons for each dispute; or, if the petitioner believes
that the Application fails to contain information on a relevant matter
as required by law, the identification of each failure, and the
supporting reasons for the petitioner's belief. Each contention must be
one that, if proven, would entitle the 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 the NRC's regulations, policies, and procedures. The
Atomic Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary
[[Page 52221]]
hearings, and the appropriate notices will be provided.
Requests for hearing, petitions for leave to intervene, and motions
for leave to file new or amended contentions that are filed after the
deadline in 10 CFR 2.309(b) 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)-
(iii).
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(h)(1) and (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
October 21, 2013. The petition must be filed in accordance with the
filing instructions in Section III of this notice, and should meet the
requirements summarized above, except that State and Federally-
recognized Indian tribes do not need to address the standing
requirements in 10 CFR 2.309(d) 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).
If a hearing is granted, 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 as may be imposed by the Atomic Safety and Licensing Board.
Persons desiring to make a limited appearance are requested to inform
the Secretary of the Commission by October 21, 2013.
III. Electronic Submissions (E-Filing)
All documents filed in NRC's 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(h),
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 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 request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a 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 on 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 the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
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 petitioner/requestor has obtained a digital ID certificate
and a docket has been created, the participant can then submit a
request for hearing and petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC's 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 EIE system no
later than 11:59 p.m., Eastern Standard Time on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the document
and sends the submitter an email notice confirming receipt of the
document. The E-filing system also distributes an Email notice that
provides access to the document to the NRC's Office of the General
Counsel and any others who have advised the Office of the Secretary
that they wish to participate in the proceeding, so that the filer need
not serve the documents on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before a hearing
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's Web site
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 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:
Rulemakings 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: Rulemakings 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
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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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. With respect to copyrighted works, except
for limited excerpts that serve the purpose of the adjudicatory filings
and would constitute a Fair Use application, participants are requested
not to include copyrighted materials in their submission.
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 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 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 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 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:
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\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.
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(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.
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\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.
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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
after a determination on standing and need for access, 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) officer if that officer has been
designated to rule on information access issues.
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 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\
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\3\ Requesters 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.
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I. The Commission expects that the NRC staff and presiding officers
(and
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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 16th day of August 2013.
For the 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
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Day Event/activity
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0........................ Publication of Federal Register notice of
acceptance of application and opportunity to
request a hearing, and 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; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... 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 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.
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[FR Doc. 2013-20493 Filed 8-21-13; 8:45 am]
BILLING CODE 7590-01-P