[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72120-72122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28813]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-391; Permit No. CPPR-92; NRC-2008-0369]


Tennessee Valley Authority Watts Bar Nuclear Plant Unit No. 2; 
Order Approving Extension of Construction Permit

I

    Tennessee Valley Authority (TVA, the permittee) is the current 
holder of Construction Permit (CP) No. CPPR-92, issued by the Atomic 
Energy Commission (now the U.S. Nuclear Regulatory Commission (NRC or 
the Commission)) on January 23, 1973 (NRC's Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML020780293), for 
construction of the Watts Bar Nuclear Plant (WBN), Unit 2. The NRC also 
issued CP No. CPPR-91 for construction of WBN Unit 1 on January 23, 
1973 (ADAMS Accession No. ML020780293), and Facility Operating License 
NPF-90 was issued for operation of Unit 1 on February 7, 1996 (ADAMS 
Accession No. ML073460320). The WBN Unit 2 is currently partially 
completed. These facilities are at the permittee's site on the west 
branch of the Tennessee River, approximately 50 miles northeast of 
Chattanooga, Tennessee.
    On May 17, 2012 (ADAMS Accession No. ML12143A346), TVA filed a 
request pursuant to Section 50.55(b) of Title 10 of the Code of Federal 
Regulations (10 CFR) for an extension of the CP completion date for WBN 
Unit 2 to September 30, 2016. The TVA requested this extension to the 
WBN Unit 2 construction permit for the following reasons, as stated in 
its application:

    In March 2012, TVA completed a detailed review of the status of 
WBN Unit 2 construction and developed a revised estimate of the time 
and resources necessary to complete the unit. This revised estimate 
was formed after months of analyses and consideration of numerous 
lessons learned as well as detailed analyses of remaining work 
associated with the Project. The estimate was then subjected to 
rigorous internal and independent external review which provided 
additional assurance and high confidence in a most likely WBN Unit 2 
completion estimate of December 2015.

The letter also states:

    The only modification requested to Construction Permit CPPR-92 
is the extension of the latest completion date. The extension would 
only allow TVA more time to complete the construction and testing of 
WBN Unit 2 that is already authorized under the existing 
construction permit. The extension would not allow any work of a 
type not previously authorized by the existing construction permit 
to be performed.

II

    The NRC reviewed the request dated May 17, 2012. As discussed more 
fully in the staff's related safety evaluation, good cause has been 
shown for the delay, and the requested extension involves no 
significant hazards consideration.
    The NRC staff has prepared an environmental assessment and made a 
final finding of no significant impact, which was published in the 
Federal Register on October 22, 2013 (78 FR 62,709). The NRC staff 
determined that extending the construction completion date will not 
have significant effect on the quality of the human environment and 
therefore, an environmental impact statement for the proposed action 
would not be prepared.
    For further details regarding this action, see TVA's letter dated 
May 17, 2012, and the NRC staff's letter and safety evaluation of the 
requested extension dated November 21, 2013 (ADAMS Accession No. 
ML13175A308).

III

    In accordance with 10 CFR 2.202, the Licensee, and any other person 
adversely affected by this Order, may

[[Page 72121]]

submit an answer to this Order within twenty (20) days of its 
publication in the Federal Register. In addition, the Licensee and any 
other person adversely affected by this Order may request a hearing of 
this Order within twenty (20) days of its publication in the Federal 
Register. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made, in writing, to the Director, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and include a statement of good cause for the extension.
    The answer may consent to this Order. If an answer includes a 
request for a hearing, it shall, under oath or affirmation, 
specifically set forth the matters of fact and law on which the 
Licensee, or other adversely affected person, relies and the reasons as 
to why the Order should not have been issued. If a person other than 
the Licensee requests a hearing, that person shall set forth with 
particularity the manner in which his interest is adversely affected by 
this Order and shall address the criteria set forth in 10 CFR 2.309(d). 
The scope of a construction permit extension proceeding is limited to 
direct challenges to the permit holder's asserted reasons that show 
``good cause'' justification for the delay.
    If a hearing is requested by a licensee or a person whose interest 
is adversely affected, the Commission will issue an Order designating 
the time and place of any hearings. If a hearing is held, the issue to 
be considered at such hearing shall be whether this Order should be 
sustained. In the absence of any request for hearing, or any written 
approval of an extension of time in which to request a hearing, the 
provisions of this Order shall be final 20 days from the date this 
Order is published in the Federal Register without further order or 
proceedings. If an extension of time for requesting a hearing has been 
approved, the provisions specified in this Order shall be final when 
the extension expires if a hearing request has not been received.

IV

    Described in 10 CFR 2.302 are the requirements for filing of 
documents. 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 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 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 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 the 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 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 
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 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 
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 NRC'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 public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[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 filing requesting 
authorization to continue to use alternate format and transmission of 
documents. 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, 16th Floor, 
One White Flint North,

[[Page 72122]]

11555 Rockville Pike, Rockville, MD 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 
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 
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.

V

    Copies of the application to extend the completion date in the CP 
for WBN Unit 2 are available for public inspection at the NRC's PDR, 
located at One White Flint North, Room O1-F21, 11555 Rockville Pike 
(first floor), Rockville, MD 20852. The application may be accessed in 
ADAMS through the NRC Library at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML12143A346. Persons who do not 
have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC's PDR reference 
staff by telephone at 1-800-397-4209, or 301-415-4737, or by email to 
[email protected].
    Attorney for the permit holder: Ralph Rodgers, Executive Vice 
President and General Counsel, Tennessee Valley Authority, 400 West 
Summit Hill Drive, Knoxville, TN 37902.

VI

    It is hereby ordered that the latest completion date for CP No. 
CPPR-92 is extended from March 31, 2013, to September 30, 2016.

    Dated at Rockville, Maryland, this 21st day of November 2013.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2013-28813 Filed 11-29-13; 8:45 am]
BILLING CODE 7590-01-P