[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70172-70175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24463]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[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
document.
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-
5]
Confirmatory Order Modifying License
I
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.
II
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.
III
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
hearing.
IV
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.
V
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
Policy.
[[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.
VI
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
docket.
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
copyrighted
[[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
application.
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]
BILLING CODE 7590-01-P