[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]


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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.

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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:
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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.
---------------------------------------------------------------------------

    (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\
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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 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