[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Pages 70172-70175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24463]



[Docket Nos. 50-321 and 50-366; EA-16-163; NRC-2016-0209]

In the Matter of Southern Nuclear Operating Co., Inc.; Edwin I. 
Hatch Nuclear Plant, Unit Nos. 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
confirmatory order (Order) to revise the Edwin I. Hatch Nuclear Plant 
Unit Nos. 1 and 2 (Hatch) National Fire Protection Association (NFPA) 
805 License Amendment Request submittal date of October 4, 2016 to 
April 4, 2018. This new submittal date extends enforcement discretion 
until April 4, 2018, and supports the Southern Nuclear Operating 
Company, Inc. (the licensee) continued progress in activities related 
to the transition to NFPA 805.

DATES: The confirmatory order was issued on October 3, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0209 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0209. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about this order, 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
     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 this 
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Gerald Gulla, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; 
telephone: 301-415-2872, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 3rd day of October 2016.

[[Page 70173]]

    For the Nuclear Regulatory Commission.

Patricia K. Holahan,
Director, Office of Enforcement.

United States of America Nuclear Regulatory Commission

In the Matter of Southern Nuclear Operating Co., Inc.; (Edwin I. Hatch 
Nuclear Plant, Unit Nos. 1 and 2)

[Docket Nos. 50-321 and 50-366; EA-16-163; License Nos. DPR-57 and NPF-

Confirmatory Order Modifying License


    Southern Nuclear Operating Company, Inc. (SNC, the licensee) is the 
holder of Facility Operating License Nos. DPR-57 and NPF-5 issued by 
the U.S. Nuclear Regulatory Commission (NRC) pursuant to Part 50 of 
title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
Licensing of Production and Utilization Facilities,'' on August 6, 1974 
and June 13, 1978, respectively. The licenses authorize the operation 
of the Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2 (HNP), in 
accordance with conditions specified therein. HNP is located in Appling 
County, Georgia.


    In a letter dated October 4, 2013 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML13280A299), SNC notified the 
U. S. Nuclear Regulatory Commission (NRC) of its intent to adopt 
National Fire Protection Association (NFPA) Standard 805, ``Performance 
Based Standard for Fire Protection for Light Water Reactor Electric 
Generating Plants, 2001 Edition,'' at HNP in accordance with 10 CFR 
50.48(c). In this October letter, SNC committed to commence its 
transition to the performance-based standard in the last quarter of 
2013, and submit its license amendment request (LAR) approximately 36 
months after the transition start date, which would be October 4, 2016.
    On July 12, 2011, the NRC published in the Federal Register (76 FR 
40777) the latest revision to its Interim Enforcement Policy (Policy) 
regarding enforcement discretion for certain fire protection issues, 
allowing licensees to request enforcement discretion for pursuing 
transition to NFPA 805. The Policy states, in general, that enforcement 
discretion starts on the date of the letter of intent and ends 3 years 
after that initial start date. Once an acceptable LAR is submitted and 
under review, enforcement discretion will continue to be in place until 
the NRC dispositions the LAR.
    In a letter dated December 2, 2013 (ADAMS Accession No. 
ML13322B259), the NRC staff acknowledged SNC October 4, 2013, letter of 
intent to adopt NFPA 805 and approved enforcement discretion for 36 
months starting on October 4, 2013.


    On February 24, 2012, NRC staff issued SECY-12-0031, ``Enforcement 
Alternatives for Sites that Indicate Additional Time Required to Submit 
Their License Amendment Requests to Transition to 10 CFR 50.48(c) 
National Fire Protection Association Standard 805.'' In SECY-12-0031, 
the NRC staff identified enforcement alternatives for licensees that 
indicate additional time is required to submit their LAR to transition 
to NFPA 805. SECY-12-0031 describes three possible scenarios if delays 
occur. In Scenario A.1, licensees may request to change the submittal 
schedule by substituting one site for another. In Scenario A.2, the NRC 
staff could issue a confirmatory order that would extend enforcement 
discretion if the licensee provides adequate justification. In Scenario 
B, the licensee does not submit an acceptable LAR by its scheduled date 
and does not meet the alternatives described in Scenario A.1 or A.2.
    In a public meeting on June 21, 2016 (ADAMS Accession No. 
ML16179A186), between the NRC and SNC, the licensee described its 
progress for transitioning HNP to NFPA 805. SNC also informed the NRC 
that an extension of the schedule for its LAR submittal is needed to 
allow appropriate development of its Fire Probabilistic Risk Assessment 
(FPRA) model. In a letter dated July 6, 2016 (ADAMS Accession No. 
ML16188A341), SNC requested to extend its LAR submittal date 18 months 
from October 4, 2016, to April 4, 2018, in accordance with Scenario A.2 
of SECY-12-0031.
    In the July 6, 2016 letter, SNC provided the justification for 
revising the LAR submittal date. The extension is necessary to complete 
development of the FPRA model, to allow appropriate coordination and 
implementation of design modifications at HNP, and to incorporate those 
modifications into the fire PRA that support the NFPA 805 transition. 
The NRC staff reviewed the SNC's letter that discussed its NFPA 805 
transition progress, physical modifications, monitoring program, LAR 
status, and major project milestones supporting submittal of the NFPA 
805 LAR in April 2018.
    The NRC has determined that, based on the above, the HNP NFPA 805 
enforcement discretion along with the LAR submittal date should be 
extended. This Order is being issued to revise the HNP NFPA 805 LAR 
submittal date from October 4, 2016, to April 4, 2018. This new 
submittal date supports SNC's continued progress in activities related 
to the transition to NFPA 805, as described in their letter dated July 
6, 2016.
    SNC may, at any time, cease its transition to NFPA 805 and comply 
with HNP's existing licensing basis and the regulations set forth in 10 
CFR 50.48, as applicable. As indicated in the Enforcement Policy, if 
SNC decides not to complete the transition to 10 CFR 50.48(c), it must 
submit a letter stating its intent to retain its existing licensing 
basis and withdraw its letter of intent to comply with 10 CFR 50.48(c). 
If SNC fails to meet the new LAR submittal date and fails to comply 
with its existing licensing basis, the NRC will take appropriate 
enforcement action, consistent with its Enforcement Policy.
    On September 22, 2016, SNC consented to issuing this Order, as 
described in Section V below. SNC further agreed that this Order will 
be effective upon issuance and that it has waived its rights to a 


    Based on the licensee's current status, scheduled key activities, 
and planned modifications, the NRC has determined that the licensee has 
provided adequate justification for its commitment given in Section V, 
and, thus, for the extension of enforcement discretion. Because the 
licensee will continue to perform modifications to reduce current fire 
risk in parallel with the development of its NFPA 805 LAR, the NRC 
staff finds this acceptable to ensure public health and safety. Based 
on the above and SNC's consent, this Order is effective upon issuance.


    Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended (the Act), and the 
Commission's regulations in 10 CFR 2.202, ``Orders,'' it is hereby 
ordered that license nos. DPR-57 and NPF-5 are modified as follows:
    A. SNC will submit an acceptable license amendment request for 
Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2, to adopt NFPA Standard 
805 by no later than April 4, 2018.
    B. SNC will continue to receive enforcement discretion until April 
4, 2018. If the NRC finds that the license amendment request is not 
acceptable, the NRC will take steps consistent with the Enforcement 

[[Page 70174]]

    The Director of the Office of Enforcement, in consultation with the 
Director of the Office of Nuclear Reactor Regulation, may, in writing, 
relax or rescind any of the above conditions upon demonstration by the 
licensee of good cause.


    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Order, other than SNC, may request a hearing 
within 30 days of the issuance date of this Order. Where good cause is 
shown, consideration will be given to extending the time to request a 
hearing. A request for extension of time must be directed to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
and include a statement of good cause for the extension.
    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), as amended by 77 FR 46562; August 3, 2012 (codified 
in pertinent part at 10 CFR part 2, subpart C). The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the internet, or in some cases to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to (1) request 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 
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. System requirements for accessing the E-Submittal 
server are detailed in NRC's ``Guidance for Electronic Submission,'' 
which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to 
use other software not listed on the Web site, but should note that the 
NRC's E-Filing system does not support unlisted software, and the NRC 
Meta System Help Desk will not be able to offer assistance in using 
unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC 
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 through the EIE. 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 (ET) 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, 
any others who wish to participate in the proceeding (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 Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8:00 a.m. and 8:00 p.m., 
ET, 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 

[[Page 70175]]

works, participants are requested not to include copyrighted materials 
in their submission, except for limited excerpts that serve the purpose 
of the adjudicatory filings and would constitute a Fair Use 
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue a separate Order designating the 
time and place of any hearings, as appropriate. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be final 30 days after issuance of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section V shall be final when the extension expires if a 
hearing request has not been received.

Dated at Rockville, Maryland, this 3rd day of October 2016.

For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement

[FR Doc. 2016-24463 Filed 10-7-16; 8:45 am]