[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50663-50669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20531]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-369 and 50-370; NRC-2015-0192]
Duke Energy Carolinas, LLC, McGuire Nuclear Station, Unit Nos. 1
and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Facility Operating License Nos. NPF-9 and
NPF-17, issued to Duke Energy Carolinas, LLC, for operation of the
McGuire Nuclear Station, Unit Nos. 1 and 2. The proposed amendment
would allow a temporary extension of selected Technical Specification
required Completion Times (CTs) to support repair activities associated
with the Nuclear Service Water System (NSWS). In addition, the
amendment request contains Sensitive Unclassified Non-Safeguards
Information (SUNSI).
DATES: Submit comments by September 21, 2015. A request for a hearing
or petition for leave to intervene must be filed by October 19, 2015.
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 the notice must request document access by August 31,
2015.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0192. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, 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: G. Edward Miller, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2481, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0192 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0192.
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
license amendment request is available in ADAMS under Accession No.
ML15191A025.
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.
[[Page 50664]]
B. Submitting Comments
Please include Docket ID NRC-2015-0192 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 submissions into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to Facility
Operating License Nos. NPF-9 and NPF-17, issued to Duke Energy
Carolinas, LLC, for operation of the McGuire Nuclear Station, Unit Nos.
1 and 2, located in Mecklenburg County, North Carolina.
The proposed amendment would allow a one-time extension of selected
Technical Specification required CTs to support repair activities
associated with the NSWS.
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in 10 CFR 50.92, this means that operation of the
facility in accordance with the proposed 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. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The `B' Train NSWS and supported equipment will remain fully
operable during the 14 day CT. The alignment of the `A' Train NSWS
will remain consistent with the NSWS normal and [engineered safety
features actuation system (ESFAS)] alignment. Although not fully
operable the `A' Train NSWS and its supported equipment will be
capable of performing their functions during the 14 day CT.
The `A' NSWS and supported equipment function as accident
mitigators. Removing `A' Train [standby nuclear service water pond
(SNSWP)] supply piping from service for a limited period of time
does not affect any accident initiator and therefore cannot change
the probability of an accident. The proposed changes and the `A'
Train NSWS repair evolution have been evaluated to assess their
impact on the systems affected and ensure design basis safety
functions are preserved.
The risk analysis for the proposed NSW system alignment during
the 14 day CT shows no delta risk for any [engineered safety feature
(ESF)] actuation event that does not involve an earthquake. The most
significant risk contributor is a seismic event with a magnitude
great enough to cause the failure of Cowan's Ford dam and subsequent
loss of Lake Norman or [low level intake] during the 14 day CT. The
estimated Incremental Conditional Core Damage Probability (ICCDP)
due to the seismic event is much less than the limits associated
with Regulatory Guide 1.177.
In addition, as previously stated, a Seismic Fragility
Assessment of the McGuire Low Level Intake [(LLI)] Water Pipeline in
December of 2011 indicates that the dam and water supply would
withstand a [safe shutdown earthquake (SSE)]. Therefore for the
short duration of this proposed alignment the increase in risk is
deemed to be negligible.
Risk associated with tornado/high winds was assessed. The months
of November through February have been the seasonal low for tornado
frequency. This evolution is currently scheduled for the fall
November 2015 time frame. The risk contribution from tornado and
high wind events is negligible during the proposed NSWS
configuration described in this LAR and therefore, the calculated
Core Damage Frequency (CDF) or the Large Early Release Fraction
(LERF) contribution due to high wind and tornado events is
negligible with respect to overall risk. The activities covered by
this LAR also include a defense-in-depth action to cease activities
and close the personnel access openings in the event of a tornado
warning. Weather patterns will be monitored and this activity will
be modified if tornado/high wind conditions become imminent.
The overall increase in risk for the 14 day CT is solely due to
the seismic event which results in a loss of Lake Norman or LLI.
However, this risk is reduced by the defense in depth strategy
described in the LAR that provides a contingency for the loss of a
`B' Train NSWS pump after the loss of the Lake Norman water supply.
This defense in depth contingency effectively offsets the
unavailability of the `A' Train NSWS SNSWP supply.
In addition, pre-aligning the `B' Train NSWS to the SNSWP water
supply in advance of the proposed activities prevents the
introduction of potential equipment failures during an ESFAS
demanded transfer. This action also eliminates the time it would
take operators to perform the transfer following a seismic event.
The quantified impact of defense in depth measures and
compensatory actions on CDF/LERF cannot be precisely determined, yet
it is agreed that the implementation of these actions would only
serve to improve these risk parameters.
Not included in the overall risk evaluation is the additional
margin identified by the Fragility Assessment discussed previously
that concluded that the Lake Norman Dam and LLI would survive a SSE.
As stated in NRC Generic Letter 80-30, ``Clarification of the
Term `Operable' as it Applies to Single Failure Criterion for Safety
Systems Required by TS,'' there is no requirement to assume a single
failure while operating under a Technical Specification (TS)
required action. Therefore, there will be no effect on the analysis
of any accident or the progression of the accident since the
operable NSW `B' train is capable of serving 100 percent of all the
required heat loads. As such, there is no impact on consequence
mitigation for any transient or accident.
In light of the above discussion, the proposed change does not
involve a significant increase in the probability or consequences of
an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed amendment is the one time extension of the required
CTs from 72 hours for the ECCS, CSS, NSWS, AFW, CCW and the EDG
systems and from 168 hours for the CRAVS and ABFVES systems to 336
hours. The requested change does not involve the addition or removal
of any plant system, structure, or component.
The proposed temporary TS changes do not affect the basic
design, operation, or function of any of the systems associated with
the TS impacted by the amendment. Implementation of the proposed
amendment will not create the possibility of a new or different kind
of accident from that previously evaluated.
McGuire intends to isolate and repair the `A' Train NSWS supply
from the SNSWP. This activity will require that `A' Train NSW be
aligned to Lake Norman until the system is ready for post
maintenance testing. This action maintains the NSW 'A' Train's
normal and automatic alignment to Lake Norman but will result in the
inability to manually align the `A' Train NSWS to the SNSWP
subsequent to a seismic event that results in damage to the supply
piping from Lake Norman or the highly improbable loss of Lake
Norman.
Although considered inoperable, the `A' Train NSWS and supported
systems will be
[[Page 50665]]
technically capable of performing their intended functions.
Throughout the repair project, compensatory measures will be in
place to provide additional assurance that the affected systems will
continue to be capable of performing their intended safety
functions.
No new accident causal mechanisms are created as a result of the
requested changes creating the possibility of a new or different
kind of accident from any accident previously evaluated.
In conclusion, this proposed LAR does not impact any plant
systems that are accident initiators and does not impact any safety
analysis.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
Margin of safety is related to the confidence in the ability of
the fission product barriers to perform their design functions
during and following an accident situation. These barriers include
the fuel cladding, the reactor coolant system, and the containment
system. The performance of the fuel cladding, reactor coolant and
containment systems will not be impacted by the proposed LAR.
Although not a fission product barrier, the Auxiliary Building
Ventilation Boundary plays a role in minimizing the dose
consequences from ECCS system leakage into the Auxiliary Building
during a design basis accident. The Auxiliary Building Ventilation
System in conjunction with ECCS equipment air handling units that
automatically start on an ECCS demand draw potentially contaminated
air from the ECCS equipment rooms and into the ABFVES. As stated in
this LAR, the Auxiliary Building Ventilation Boundary will be
breached when the `A' Train NSWS piping is opened for access in the
Auxiliary Building. The Validation: Personnel access opening will be
controlled by using procedures developed or revised for this purpose
to maintain positive control of the auxiliary building pressure
boundary and prevent any unmonitored release.
Dedicated personnel with procedure guidance will be provided to
close the pathway from the auxiliary building on the affected `A'
Train NSWS piping from the SNSWP in the event of any of the
following:
An Engineered Safety Feature (ESF) actuation
Entry into RP/0/A/5700/006 Natural Disasters
Entry into RP/0/A/5700/007 Earthquake
The pathway will be closed upon notification of an abnormal
event as described above. TS 3.7.11 includes a note in the Limiting
Condition for Operation (LCO) section: ``The Auxiliary Building
pressure boundary may be opened intermittently under administrative
controls.'' Based on these measures the performance of this barrier
will not be affected by the proposed LAR.
Additionally, the proposed amendment does not involve a change
in the design or operation of the plant. The activity only extends
the amount of time the `A' NSW system is allowed to be inoperable to
correct the degraded condition on the `A' NSWS supply piping from
the SNSWP. As stated previously, the `A' Train NSWS and supported
equipment will remain in its Normal and ESFAS alignment during the
extended CT and be functionally capable for all postulated events
except a seismic event that results in loss of the Lake Norman water
supply.
Defense-in-depth measures involving use of the Main Supply
Crossover piping to supply suction to affected unit's `A' Train NSWS
pump from the `B' train SNSWP suction piping and the ability to
implement the FLEX strategy on both units provide additional safety
margin for this event. Use of the Main Supply Crossover line is only
needed in the unlikely event that one unit's `B' Train NSWS pump
fails after loss of `A' Train NSWS due to an earthquake.
The estimated ICCDP during the 14 day CT extension is much less
than the limits associated with Regulatory Guide 1.177. Therefore,
it is concluded that the proposed changes do not involve a
significant reduction in the margin of safety.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves a No Significant Hazards
Consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the 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 notice period if the Commission concludes 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.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this Federal
Register notice, any person(s) whose interest may be affected by this
proceeding and who desires to participate as a party in the proceeding
must file a written request for hearing or a petition for leave to
intervene specifying the contentions which the person seeks to have
litigated in the hearing with respect to the license amendment request.
Requests for hearing and petitions for leave to intervene shall be
filed in accordance with the NRC's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request
for a hearing or petition for leave to intervene is filed within 60
days, the Commission or a presiding officer designated by the
Commission or by the Chief Administrative Judge of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition;
and the Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of a hearing or an
appropriate order.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must 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 hearing request or petition must
specifically explain the reasons why intervention should be permitted,
with particular reference to the following general requirements: (1)
The name, address, and telephone number of the requestor or petitioner;
(2) the nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
requestor's/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 requestor's/petitioner's
interest. The hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
[[Page 50666]]
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
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 that the NRC must make to
support the granting of a license amendment in response to the
application. The hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or 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 petitioner disputes
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify 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. A
requestor/petitioner who does not satisfy these requirements for 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,
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 Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Hearing requests or petitions for leave to intervene must be filed
no later than 60 days from the date of publication of this notice.
Requests for hearing, petitions for leave to intervene, and motions for
leave to file new or amended contentions that are filed after the 60-
day 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)-(iii).
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, then any hearing
held would take place before the issuance of any 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.
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's 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 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/getting-started.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
[[Page 50667]]
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 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:
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 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.
However, in some instances, 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.
For further details with respect to this action, see the
application for license amendment dated June 30, 2015.
Attorney for licensee: Lara S. Nichols, Associate General Counsel,
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, NC
28202.
NRC Branch Chief: Robert J. Pascarelli.
Duke Energy Carolinas, LLC, Docket Nos. 50-369 and 50-370, McGuire
Nuclear Station, Units Nos. 1 and 2, Mecklenburg County, North Carolina
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:
---------------------------------------------------------------------------
\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
the requestor is granted access to that information.
[[Page 50668]]
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. This provision does not extend the time for filing a request
for a hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 13th day of August, 2015.
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; 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 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.
------------------------------------------------------------------------
[[Page 50669]]
[FR Doc. 2015-20531 Filed 8-19-15; 8:45 am]
BILLING CODE 7590-01-P