[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87958-87964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28521]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0240]


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; notice of opportunity to comment, 
request a hearing, and petition for leave to intervene; order imposing 
procedures.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of two amendment requests. The amendment requests 
are for Point Beach Nuclear Plant, Unit 1; and Virgil C. Summer Nuclear 
Station, Units 2 and 3. For each amendment request, the NRC proposes to 
determine that they involve no significant hazards consideration. 
Because each amendment request contains sensitive unclassified non-
safeguards information (SUNSI) an order imposes procedures to obtain 
access to SUNSI for contention preparation.

DATES: Comments must be filed by January 5, 2017. A request for a 
hearing must be filed by February 6, 2017. 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 December 16, 2016.

ADDRESSES: You may submit comments by any of the following methods.
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0240. 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: Janet Burkhardt, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1384; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID facility name, unit number(s), plant 
docket number, application date, and subject 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-2016-0240.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2016-0240, facility name, unit 
number(s), plant docket number, 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

[[Page 87959]]

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 
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, (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 if 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. If the Commission 
takes 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. If the Commission makes 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 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and a petition to intervene (petition) 
with respect to the action. Petitions shall be filed in accordance with 
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR 
part 2. Interested persons 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 petition 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 petition; and the Secretary or the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel 
will issue a notice of a hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition 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 the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
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 petitioner's interest. The petition 
must also set forth the specific contentions which the 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 
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 petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to those specific sources and 
documents of which the petitioner is aware and on which the petitioner 
intends to rely to establish those facts or expert opinion to support 
its position on the issue. 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 proceeding. The contention must be one 
which, if proven, would entitle the petitioner to relief. A 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 consistent with the NRC's 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) through (iii).
    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 February 6, 2017. The petition must be filed in 
accordance with the filing

[[Page 87960]]

instructions in the ``Electronic Submissions (E-Filing)'' section of 
this document, and should meet the requirements for petitions set forth 
in this section, except that under 10 CFR 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. Details regarding the opportunity to 
make a limited appearance will be provided by the presiding officer if 
such sessions are scheduled.

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 (hereinafter 
``petition''), 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 at 77 
FR 46562; August 3, 2012). 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 petition (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 available on the NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be 
able to offer assistance in using unlisted software.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a petition. 
Submissions should be in Portable Document Format (PDF). Additional 
guidance on PDF submissions is available on the NRC's public Web site 
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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 Electronic 
Filing 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 Electronic Filing Help Desk is available between 9 a.m. 
and 7 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 
stating why there is good cause for not filing electronically and 
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, 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 petition 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

[[Page 87961]]

not to include copyrighted materials in their submission.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    For further details with respect to these license amendment 
applications, see the application for amendment which is available for 
public inspection in ADAMS and at the NRC's PDR. For additional 
direction on accessing information related to this document, see the 
``Obtaining Information and Submitting Comments'' section of this 
document.

NextEra Energy, Point Beach, LLC, Docket No. 50-266, Point Beach 
Nuclear Plant, Unit 1, Town of Two Creeks, Manitowoc County, Wisconsin

    Date of amendment request: July 29, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16237A066.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguard information (SUNSI). The amendment 
would revise technical specification (TS) 3.4.13, RCS [Reactor Coolant 
System] Operational Leakage; TS 5.5.8, Steam Generator (SG) Program; 
and TS 5.6.8, Steam Generator Tube Inspection Report, to exclude a 
portion of the tubes below the top of the SG tube sheet from periodic 
inspections and plugging.
    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. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed changes to TS 3.4.13, TS 5.5.8, and TS 5.6.8 have 
no effect on accident probabilities or consequences. The previously 
analyzed accidents are initiated by the failure of plant structures, 
systems, or components. The proposed change that alters the steam 
generator (SG) inspection and reporting criteria does not have a 
detrimental impact on the integrity of any plant structure, system, 
or component that initiates an analyzed event. The proposed change 
will not alter the operation of, or otherwise increase the failure 
probability of any plant equipment that initiates an analyzed 
accident.
    Of the applicable accidents previously evaluated, the limiting 
transients with consideration to the proposed change to the SG tube 
inspection and repair criteria are: The steam generator tube rupture 
(SGTR) event, the steam line break (SLB), locked rotor and control 
rod ejection postulated accidents. Loss of Coolant Accident 
conditions cause a compressive load to act on a tube. This accident 
attempts to displace the tube into the tubesheet rather than pull it 
out, and, therefore, is not a factor in this amendment request. 
Another faulted load consideration is a safe shutdown earthquake; 
however, seismic analysis has shown that axial loading of the tubes 
is negligible during this event (Section 5.0 of Reference 10).
    Addressing the SGTR event, the required structural integrity 
margins of the SG tubes and the tube-to-tubesheet joint over the H* 
distance will be maintained. Tube rupture in tubes with cracks 
within the tubesheet is precluded by the constraint provided by the 
presence of the tubesheet and the tube-to-tubesheet joint. Tube 
burst cannot occur within the thickness of the tubesheet. The tube-
to-tubesheet joint constraint results from the hydraulic expansion 
process, thermal expansion mismatch between the tube and tubesheet, 
from the differential pressure between the primary and secondary 
side, and tubesheet rotation. Based on this design, the structural 
margins against burst/tube pullout, as discussed in Regulatory Guide 
(RG) 1.121, ``Bases for Plugging Degraded PWR [pressurized-water 
reactor] Steam Generator Tubes,'' and TS 5.5.8 are maintained for 
both normal and postulated accident conditions. The final H* 
distance to preclude tube pullout from the tubesheet at 0.95 
probability at 95% confidence is 20.60 inches.
    The proposed change has no impact on the structural or leakage 
integrity of the portion of the tube outside of the tubesheet. The 
proposed change maintains structural and leakage integrity of the SG 
tubes consistent with the performance criteria in TS 5.5.8. 
Therefore, the proposed change results in no significant increase in 
the probability of the occurrence of a SGTR accident.
    At normal operating pressures, leakage from tube degradation 
below the proposed limited inspection depth is limited by the tube-
to-tubesheet crevice. Consequently, negligible normal operating 
leakage is expected from degradation below the inspected depth 
within the tubesheet region. The consequences of an SGTR event are 
not affected by the primary-to-secondary leakage flow during the 
event as primary-to-secondary leakage flow through a postulated tube 
that has been pulled out of the tubesheet is essentially equivalent 
to a severed tube. Therefore, the proposed change does not result in 
a significant increase in the consequences of a SGTR.
    Concerning a postulated SLB event, NextEra will apply a leakage 
factor of 5.22 to the normal operating leakage associated with the 
tubesheet expansion region in the condition monitoring (CM) and 
operational assessment (OA). The leakage factor of 5.22 is a 
bounding value for all SGs, both hot and cold legs. The accident-
induced leak rate limit for Point Beach Unit 1 is 500 gpd [gallons 
per day] at accident conditions. As a result, the TS operational 
leak rate limit is reduced from 150 gpd to 72 gpd through any one 
steam generator to help to ensure that accident induced leakage in 
excess of SLB accident analysis assumptions will not occur.
    For the CM assessment, the component of leakage from the prior 
cycle from below the H* distance will be multiplied by a factor of 
5.22 and added to the total leakage from any other source and 
compared to the allowable accident induced leakage limit. For the 
OA, the difference in the leakage between the allowable leakage and 
the accident induced leakage from sources other than the tubesheet 
expansion region will be divided by 5.22 and compared to the 
observed operational leakage.
    No leakage factor will be applied to the locked rotor or control 
rod ejection transients due to their short duration.
    Based on the above, the proposed changes do not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any previously evaluated.
    The proposed changes to TS 3.4.13, TS 5.5.8, and TS 5.6.8 that 
alter the SG inspection and reporting criteria do not introduce any 
new equipment, create new failure modes for existing equipment, or 
create any new limiting single failures. Plant operation will not be 
altered, and all safety functions will continue to perform as 
previously assumed in accident analyses. Tube bundle integrity is 
maintained for all plant conditions upon implementation of the 
permanent alternate repair criteria.
    Therefore, based on the above, the proposed change does not 
create the possibility of a new or different kind of accident from 
any previously evaluated.
    3. The proposed changes do not involve a significant reduction 
in the margin of safety.
    The proposed changes to TS 3.4.13, TS 5.5.8, and TS 5.6.8 define 
the safety significant portion of the tube that must be inspected 
and repaired. WCAP-18089-P identifies the specific inspection depth 
from the top of the tubesheet below which any type of tube 
degradation is shown to have no impact on the performance criteria 
in NEI 97-06 Rev. 3, ``Steam Generator Program Guidelines.''
    The proposed change that alters the SG inspection and reporting 
criteria maintains the required structural margins of the SG tubes 
for both normal and accident conditions. Nuclear Energy Institute 
97-06, ``Steam Generator Program Guidelines,'' and NRC Regulatory 
Guide (RG) 1.121, ``Bases for Plugging Degraded PWR Steam Generator 
Tubes'' are used as the bases in the development of the limited 
tubesheet inspection depth methodology for determining that SG tube 
integrity considerations are maintained within acceptable limits. RG 
1.121 describes a method acceptable to the NRC for meeting General 
Design Criteria (GDC) 14, ``Reactor Coolant Pressure Boundary,'' GDC 
15, ``Reactor Coolant System Design,'' GDC 31, ``Fracture Prevention 
of Reactor Coolant Pressure Boundary,'' and GDC 32, ``Inspection of 
Reactor Coolant Pressure Boundary,'' by reducing the probability and 
consequences of a SGTR. RG 1.121 concludes that by determining the 
limiting safe conditions for tube wall degradation, the probability 
and consequences of a SGTR are

[[Page 87962]]

reduced. This RG uses safety factors on loads for tube burst that 
are consistent with the requirements of Section III of the American 
Society of Mechanical Engineers (ASME) Code.
    For axially oriented cracking located within the tubesheet, tube 
burst is precluded due to the presence of the tubesheet. For 
circumferentially oriented cracking, Westinghouse WCAP-18089-P 
defines a length of degradation-free expanded tubing that provides 
the necessary resistance to tube pullout due to the pressure induced 
forces, with applicable safety factors applied. Application of the 
limited hot and cold leg tubesheet inspection criteria will preclude 
unacceptable primary-to-secondary leakage during all plant 
conditions. Using the methodology for determining leakage as 
described in WCAP-18089-P, it is shown that significant adequate 
margin exists between conservatively estimated accident induced 
leakage and the allowable accident leakage (500 gpd at operating 
conditions) if either SG is assumed to be leaking at the TS leakage 
limit of 72 gpd at the beginning of the design basis accident.
    Therefore, the proposed changes do not involve a significant 
reduction in any 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: William Blair, Managing Attorney--Nuclear, 
Florida Power & Light Company, P. O. Box 14000, 700 Universe Boulevard, 
Juno Beach, Florida 33408-0420.
    NRC Branch Chief: David J. Wrona.

South Carolina Electric and Gas Company Docket Nos. 52-027 and 52-028, 
Virgil C. Summer Nuclear Station (VCSNS) Units 2 and 3, Fairfield 
County, South Carolina

    Date of amendment request: September 20, 2016. A publicly-available 
version is in ADAMS under Accession No. ML16267A163.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment request proposes changes to the Updated Final Safety Analysis 
Report (UFSAR) in the form of departures from the incorporated plant-
specific Design Control Document Tier 2* information. Specifically, the 
proposed change clarifies in the UFSAR how the quality and strength of 
a specific set of couplers welded to stainless steel embedment plates 
already installed and embedded in concrete are demonstrated through 
visual examination and static tension testing, in lieu of the 
nondestructive examination requirements of American Institute of Steel 
Construction (AISC) N690, ``Specification for Safety-Related Steel 
Structures for Nuclear Facilities.''
    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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of partial joint penetration (PJP) welds 
joining weldable couplers to stainless steel embedment plates as 
being able to perform their design function in lieu of satisfying 
the AISC N690-1994, Section Q1.26.2.2, Section Q1.26.2.3, and 
Section Q1.26.3 requirements for non-destructive examination (NDE) 
on 10 percent weld populations, reexamination, and repair, 
respectively. The proposed change does not affect the operation of 
any systems or equipment that initiate an analyzed accident or alter 
any structures, systems, and components (SSCs) accident initiator or 
initiating sequence of events.
    The change has no adverse effect on the design function of the 
mechanical couplers or the SSCs to which the mechanical couplers are 
welded. The probabilities of the accidents evaluated in the Updated 
Final Safety Analysis Report (UFSAR) are not affected.
    The change does not impact the support, design, or operation of 
mechanical and fluid systems. The change does not impact the 
support, design, or operation of any safety-related structures. 
There is no change to plant systems or the response of systems to 
postulated accident conditions. There is no change to the predicted 
radioactive releases due to normal operation or postulated accident 
conditions. The plant response to previously evaluated accidents or 
external events is not adversely affected, nor does the proposed 
change create any new accident precursors.
    Therefore, the proposed amendment 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 change describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of PJP welds joining weldable couplers to 
stainless steel embedment plates as being able to perform their 
design function in lieu of satisfying the AISC N690-1994, Section 
Q1.26.2.2, Section Q1.26.2.3, and Section Q1.26.3 requirements for 
non-destructive examination on 10 percent weld populations, 
reexamination, and repair, respectively.
    The proposed change does not affect the operation of any systems 
or equipment that may initiate a new or different kind of accident, 
or alter any SSC such that a new accident initiator or initiating 
sequence of events is created.
    The proposed change does not adversely affect the design 
function of the mechanical couplers, the structures in which the 
couplers are used, or any other SSC design functions or methods of 
operation in a manner that results in a new failure mode, 
malfunction, or sequence of events that affect safety-related or 
nonsafety-related equipment. This activity does not allow for a new 
fission product release path, result in a new fission product 
barrier failure mode, or create a new sequence of events that result 
in significant fuel cladding failures.
    Therefore, the proposed amendment does 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.
    The proposed change describes how evaluation of coupler 
strength, and by extension, weld strength and quality are used to 
demonstrate the capacity of the PJP welds joining weldable couplers 
to stainless steel embedment plates as being able to perform their 
design function in lieu of satisfying the AISC N690-1994, Section 
Q1.26.2.2, Section Q1.26.2.3, and Section Q1.26.3 requirements for 
non-destructive examination on 10 percent weld populations, 
reexamination, and repair, respectively. The proposed change 
satisfies the same design functions as stated in the UFSAR. This 
change does not adversely affect compliance with any design 
function, design analysis, safety analysis input or result, or 
design/safety margin. No safety analysis or design basis acceptance 
limit/criterion is challenged or exceeded by the proposed change.
    Because no safety analysis or design basis acceptance limit/
criterion is challenged or exceeded by this change, no significant 
margin of safety is reduced.
    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: Kathryn M. Sutton, Morgan, Lewis & Bockius 
LLC, 1111 Pennsylvania Avenue NW, Washington, DC 20004-2514.
    NRC Branch Chief: Michael T. Markley.

[[Page 87963]]

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

NextEra Energy, Point Beach, LLC, Docket No. 50-266, Point Beach 
Nuclear Plant, Unit 1, Town of Two Creeks, Manitowoc County, Wisconsin

South Carolina Electric and Gas Company Docket Nos. 52-027 and 52-028, 
Virgil C. Summer Nuclear Station (VCSNS) Units 2 and 3, Fairfield 
County, South Carolina

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication of this notice will not 
be considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email 
address for the Office of the Secretary and the Office of the General 
Counsel are [email protected] and [email protected], 
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------

    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order\2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
---------------------------------------------------------------------------

    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    F. 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) an officer if that officer has been 
designated to rule on information access issues.
    G. 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, as amended at 77 
FR 46562; August 3, 2012) 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.
---------------------------------------------------------------------------

    H. 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 proposed 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 22nd day of November, 2016.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

[[Page 87964]]



   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.
------------------------------------------------------------------------


[FR Doc. 2016-28521 Filed 12-5-16; 8:45 am]
 BILLING CODE 7590-01-P