[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Notices]
[Pages 26583-26589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09981]


=======================================================================
-----------------------------------------------------------------------

 NUCLEAR REGULATORY COMMISSION

[NRC-2016-0079]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations and Containing Sensitive Unclassified Non-Safeguards 
Information and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to comment, request a 
hearing, and petition for leave to intervene; order.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of one amendment request. The amendment requests 
are for Exelon Generation Company, LLC, Quad Cities Nuclear Power 
Station (QCNPS), Units 1 and 2. For each amendment request, the NRC 
proposes to determine that they involve no significant hazards 
consideration. In addition, each amendment request contains sensitive 
unclassified non-safeguards information (SUNSI).

DATES: Comments must be filed by May 31, 2016. A request for a hearing 
must be filed by June 27, 2016. 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 this notice must 
request document access by May 9, 2016.

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-2016-0079. 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

[[Page 26584]]

SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mable Henderson, Licensing Assistant, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-3760, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0079 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-2016-0079.
     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 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2016-0079, facility name, unit 
number(s), application date, and subject 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. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes notices of amendments containing SUNSI.

III. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission'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. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. 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 period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish a notice of issuance in 
the Federal Register. 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.

A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license or 
combined license. Requests for a hearing and a petition for leave to 
intervene shall be filed in accordance with the Commission'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, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. 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/. 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 petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should 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

[[Page 26585]]

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 petition must also set 
forth the specific contentions which the requestor/petitioner seeks to 
have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to 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.
    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, and the Commission 
has not made a final determination on the issue of no significant 
hazards consideration, 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.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by June 
27, 2016. The petition must be filed in accordance with the filing 
instructions in the ``Electronic Submissions (E-Filing)'' section of 
this document, and should meet the requirements for petitions for leave 
to intervene set forth in this section, except that under Sec.  
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian Tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
June 27, 2016.

B. 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

[[Page 26586]]

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 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 amendment action, see the 
application for amendment which is available for public inspection at 
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly 
available documents created or received at the NRC are accessible 
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there 
are problems in accessing the documents located in ADAMS, contact the 
PDR's Reference staff at 1-800-397-4209, 301-415-4737, or by email to 
[email protected].
Exelon Generation Company, LLC, Docket Nos. 50-254 and 50-265, Quad 
Cities Nuclear Power Station (QCNPS), Units 1 and 2, Rock Island 
County, Illinois
    Date of amendment request: December 14, 2015. A publicly-available 
version is in ADAMS under Accession No. ML15348A396.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the design bases in the updated final safety 
analysis report to reflect the use of a new criticality safety 
assessment (CSA) fuel channel bow/bulge methodology to support the 
performance of criticality safety evaluation for ATRIUM-10XM fuel 
design in the spent fuel pool (SFP).
    Basis for proposed no significant hazards consideration 
determination: 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 change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change involves a revised CSA for the QCNPS Units 1 
and 2 SFPs using a new fuel channel bow/bulge methodology. The 
proposed change does not alter or modify the fuel, fuel handling 
processes, spent fuel storage racks, number of fuel assemblies that 
may be stored in the SFP, decay heat generation rate, or the SFP 
cooling and cleanup system.
    The proposed change was evaluated for impact on the following 
previously evaluated events and accidents:
     A fuel handling accident (FHA),
     A fuel mispositioning event,
     A seismic event, and
     A loss of SFP cooling event.
    The probability of a FHA is not increased because implementation 
of the proposed change will employ the same equipment and processes 
to handle fuel assemblies that are currently used. The FHA 
radiological consequences are not increased because the fuel channel 
bow/bulge methodology used in the CSA does not impact the 
radiological source term of a single fuel assembly. Therefore, the 
proposed change does not significantly increase the probability or 
consequences of an FHA.
    Operation in accordance with the proposed change will not 
significantly increase the probability of a fuel mispositioning 
event because fuel movement will continue to be controlled by 
approved fuel handling procedures. These procedures continue to 
require identification of the initial and target locations for each 
fuel assembly that is

[[Page 26587]]

moved. The consequences of a fuel mispositioning event are not 
changed because the reactivity analysis demonstrates that the new 
subcriticality criteria and requirements will be met for the worst-
case fuel mispositioning event.
    Operation in accordance with the proposed change will not change 
the probability of a seismic event. The consequences of a seismic 
event are not increased because the forcing functions for seismic 
excitation are not increased and because the mass of storage racks 
has not changed.
    Operation in accordance with the proposed change will not change 
the probability of a loss of SFP cooling event because the systems 
and events that could affect SFP cooling are unchanged. The 
consequences are not significantly increased because there are no 
changes in the SFP heat load or SFP cooling systems, structures or 
components due to the proposed change in fuel channel bow/bulge 
methodology used in the CSA.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    Onsite storage of spent fuel assemblies in the QCNPS, Units 1 
and 2, SFPs is a normal activity for which QCNPS has been designed 
and licensed. As part of assuring that this normal activity can be 
performed without endangering the public health and safety, the 
ability to safely accommodate different possible accidents in the 
spent fuel pool have been previously analyzed. These analyses 
address accidents such as radiological releases due to dropping a 
fuel assembly; and potential inadvertent criticality due to 
misloading a fuel assembly. The proposed change does not alter the 
method of fuel movement or spent fuel storage and does not create 
the potential for a new accident.
    The proposed use of a new fuel channel bow/bulge methodology for 
performing the QCNPS revised SFP CSA does not change or modify the 
fuel, fuel handling processes, spent fuel racks, number of fuel 
assemblies that may be stored in the pool, decay heat generation 
rate, or the SFP cooling and cleanup system.
    The limiting fuel assembly mispositioning event does not 
represent a new or different type of accident. The mispositioning of 
a fuel assembly within the fuel storage racks has always been 
possible. The proposed change involves a revised CSA for the QCNPS, 
Units 1 and 2, SFPs using a new fuel channel bow/bulge methodology. 
The associated analysis results show that the storage racks remain 
sub-critical, with substantial margin, following a worst-case fuel 
misloading event.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change involves a revised CSA for the QCNPS, Units 
1 and 2, SFPs using a new fuel channel bow/bulge methodology. This 
change was evaluated for its effect on margins of safety related to 
criticality and spent fuel heat removal capability.
    QCNPS Technical Specifications Section 4.3, ``Fuel Storage,'' 
Specification 4.3.1.1.a requires the spent fuel storage racks to 
maintain the effective neutron multiplication factor, keff, less 
than or equal to 0.95 when fully flooded with unborated water, which 
includes an allowance for uncertainties. Therefore, for SFP 
criticality considerations, the required safety margin is five 
percent.
    The proposed change ensures, as verified by the associated 
criticality analysis, that keff continues to be less than or equal 
to 0.95, thus preserving the required safety margin of five percent.
    The proposed use of a new fuel channel bow/bulge methodology for 
performing the QCNPS SFP CSA does not affect spent fuel heat 
generation or the spent fuel cooling systems.
    In addition, the radiological consequences of a dropped fuel 
assembly remain unchanged as the anticipated fuel damage due to a 
fuel handling accident is unaffected by the use of a new fuel 
channel bow/bulge methodology to perform the CSA. The proposed 
change also does not increase the capacity of the Unit 1 and Unit 2 
spent fuel pools beyond the current capacity of no more than 3657 
and 3897 fuel assemblies, respectively.
    Therefore, the proposed change does 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 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Bradley J. Fewell, Associate General 
Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, Illinois 
60555.
    NRC Acting Branch Chief: Justin C. Poole.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Exelon Generation Company, LLC, Docket Nos. 50-254 and 50-265, Quad 
Cities Nuclear Power Station (QCNPS), Units 1 and 2, Rock Island 
County, Illinois
    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.

[[Page 26588]]

    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. 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 21st day of April, 2016.

    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.

[[Page 26589]]

 
A + 28.........................  Deadline for submission of contentions
                                  whose development depends upon access
                                  to SUNSI. However, if more than 25
                                  days remain between the petitioner's
                                  receipt of (or access to) the
                                  information and the deadline for
                                  filing all other contentions (as
                                  established in the notice of hearing
                                  or opportunity for hearing), the
                                  petitioner may file its SUNSI
                                  contentions by that later deadline.
A + 53.........................  (Contention receipt +25) Answers to
                                  contentions whose development depends
                                  upon access to SUNSI.
A + 60.........................  (Answer receipt +7) Petitioner/
                                  Intervenor reply to answers.
>A + 60........................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2016-09981 Filed 5-2-16; 8:45 am]
BILLING CODE P