[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Notices]
[Pages 31080-31087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13112]
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NUCLEAR REGULATORY COMMISSION
[NRC-2017-0142]
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 Virgil C. Summer Nuclear Station, Units 2 and 3, and Wolf Creek
Generating Station (WCGS). For each amendment request, the NRC proposes
to determine that they involve no
[[Page 31081]]
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 August 4, 2017. A request for a
hearing must be filed by September 5, 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 July 17, 2017.
ADDRESSES: You may submit comments by any of the following:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0142. 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: T-8-D36M, 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: Shirley Rohrer, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-5411, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0142, 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-2017-0142.
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-2017-0142, 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 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, 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 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 petition for leave to intervene
(petition) with respect to the
[[Page 31082]]
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. 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/.
Alternatively, a copy of the regulations is available at the NRC's
Public Document Room, located at One White Flint North, Room O1-F21,
11555 Rockville Pike (first floor), Rockville, Maryland 20852. If a
petition is filed, the Commission or a presiding officer will rule on
the petition and, if appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (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.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in 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 must 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 the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must 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 the requirements at 10 CFR 2.309(f) 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.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the 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). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
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 establish 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 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 the 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 no later
than 60 days from the date of publication of this notice. 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 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. Alternatively, a State, local
governmental body, Federally-recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
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
his or her 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 and petition for leave to intervene (petition), 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 that request to
participate 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be
[[Page 31083]]
submitting a petition or other adjudicatory document (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. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must 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 document is 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's 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 6 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 adjudicatory documents 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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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.
South Carolina Electric & Gas Company, Docket Nos. 52-027 and 52-028,
Virgil C. Summer Nuclear Station, Units 2 and 3, Fairfield County,
South Carolina
Date of amendment request: May 1, 2017. A publicly-available
version is in ADAMS under Accession No. ML17121A317.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment request proposes changes to the combined operating licenses
(COL), Appendix C (and to plant-specific Tier 1 information), and
associated Tier 2 information to address mitigation of fire protection
system flooding of the Auxiliary Building identified during completion
of the pipe rupture hazards analysis.
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 with Nuclear Regulatory
Commission (NRC) staff edits in square brackets:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed changes to the design and licensing basis flood
level in the Auxiliary Building [radiologically controlled area
(RCA)], and the associated plant changes to limit the volume of
water available for flooding or to limit the effects of flooding do
not affect any essential safety-related equipment or function. The
changes and affected levels of the Auxiliary Building RCA do not
involve any accident, initiating event or component failure; thus,
the probabilities of the accidents previously evaluated are not
affected. The maximum allowable leakage rate specified in the
Technical Specifications is unchanged, and radiological material
release source terms are not affected; thus, the radiological
releases in the accident analyses are not affected.
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 changes to the design and licensing basis flood
level in the Auxiliary Building RCA and the associated plant changes
to limit the volume of water available for flooding or to limit the
effects of flooding do not affect any safety-related equipment or
function. The changes do not change the condition of any essential
safety-related equipment or structure; therefore, no new accident
initiator or failure mode is created. The proposed changes do not
create
[[Page 31084]]
a new fault or sequence of events that could result in a radioactive
release. The proposed changes will not affect any safety-related
mitigating function.
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 changes to the design and licensing basis flood
level in the Auxiliary Building RCA and associated plant changes to
limit the volume of water available for flooding or to limit the
effects of flooding do not affect any essential safety-related
equipment or function. The proposed changes do not have any effect
on the ability of safety-related structures, systems, or components
to perform their design basis functions. The changes ensure that the
capability to achieve safe shutdown is maintained. No safety
analysis or design basis acceptance limit/criterion is challenged or
exceeded by the proposed changes, thus no margin of safety is
reduced.
Therefore, the proposed amendment 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: Jennifer Dixon-Herrity.
Wolf Creek Nuclear Operating Corporation (WCNOC), Docket No. 50-482,
Wolf Creek Generating Station (WCGS), Coffey County, Kansas
Date of amendment request: January 17, 2017, as supplemented by
letters dated March 22 and May 4, 2017. Publicly-available versions are
in ADAMS under Accession Nos. ML17054C103, ML17088A635, and
ML17130A915, respectively.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would revise Technical Specification (TS) 2.1.1, ``Reactor
Core SLs [Safety Limits]''; add new TS Limiting Condition for Operation
(LCO) 3.1.9, ``RCS [Reactor Coolant System] Boron Limitations < 500 F
[degrees Fahrenheit]''; and revise TS 3.3.1, ``Reactor Trip System
(RTS) Instrumentation''; TS 3.4.1, ``RCS Pressure, Temperature, and
Flow Departure from Nucleate Boiling (DNB) Limits''; TS 3.7.1, ``Main
Steam Safety Valves (MSSVs)''; and TS 5.6.5, ``CORE OPERATING LIMITS
REPORT (COLR),'' to replace the existing WCNOC methodology for
performing core design, non-loss-of-coolant-accident (non-LOCA) and
LOCA safety analyses (for Post-LOCA Subcriticality and Cooling only)
with standard Westinghouse developed and NRC approved analysis
methodologies at WCGS.
In addition, the proposed amendment would revise TS 1.1,
Definitions,'' to revise definitions of DOSE EQUIVALENT I-131 and DOSE
EQUIVALENT XE-133; TS 3.3.7, ``Control Room Envelope Ventilation System
(CREVS) Actuation Instrumentation''; 3.7.13, ``Emergency Exhaust System
(EES)''; TS 5.5.12, ``Explosive Gas and Storage Tank Radioactivity
Monitoring Program''; and TS 5.5.18, ``Control Room Envelope
Habitability Program,'' to revise the WCGS licensing basis by adopting
the Alternative Source Term (AST) as described in Regulatory Guide (RG)
1.183, ``Alternative Radiological Source Terms for Evaluation Design
Basis Accidents at Nuclear Power Reactors,'' July 2000 (ADAMS Accession
No. ML003716792).
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 new core design, non-loss-of-coolant-accident (non-LOCA) and
Post-LOCA Subcriticality and Cooling analyses and resulting TS
changes will continue to ensure the applicable safety limits are not
exceeded during any conditions of normal operation, for design basis
accidents (DBAs) as well as any Anticipated Operational Occurrence
(AOO). The methods used to perform the affected safety analyses are
based on methods previously found acceptable by the NRC and conform
to applicable regulatory guidance. Application of these NRC approved
methods will continue to ensure that acceptable operating limits are
established to protect the integrity of the Reactor Coolant System
(RCS) and fuel cladding during normal operation, DBAs, and any AOOs.
The requested TS changes proposed to conform to the new
methodologies do not involve any operational changes that could
affect system reliability, performance, or the possibility of
operator error. The proposed changes do not affect any postulated
accident precursors, or accident mitigation systems, and do not
introduce any new accident initiation mechanisms.
Adoptions of the AST and pursuant TS changes and the changes to
the atmospheric dispersion factors have no impact to the initiation
of DBAs. Once the occurrence of an accident has been postulated, the
new accident source term and atmospheric dispersion factors are an
input to analyses that evaluate the radiological consequences. The
proposed changes do not involve a revision to the design or manner
in which the facility is operated that could increase the
probability of an accident previously evaluated in Chapter 15 of the
Updated Safety Analysis Report (USAR).
The structures, systems and components affected by the proposed
changes act to mitigate the consequences of accidents. Based on the
AST analyses, the proposed changes do revise certain performance
requirements; however, the proposed changes do not involve a
revision to the parameters or conditions that could contribute to
the initiation of an accident previously discussed in Chapter 15 of
the USAR. Plant specific radiological analyses have been performed
using the AST methodology and new atmospheric dispersion factors.
Based on the results of these analyses, it has been demonstrated
that the control room dose consequences of the limiting events
considered in the analyses meet the regulatory guidance provided for
use with the AST, and the offsite doses are within acceptable
limits. This guidance is presented in 10 CFR 50.67 [``Accident
source term''] and RG 1.183.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any previously evaluated?
Response: No.
Implementation of the new core design, non-loss-of-coolant-
accident (non-LOCA) and Post-LOCA Subcriticality and Cooling
analyses and resulting TS changes do not alter or involve any design
basis accident initiators and do not involve a physical alteration
of the plant (no new or different type of equipment will be
installed). The proposed change does not adversely affect the design
function or mode of operations of structures, systems and components
in the facility important to safety. The structures, systems and
components important to safety will continue to operate in the same
manner as before, therefore, no new failure modes are created by
this proposed change. As such, the proposed change does not create
any new failure modes for existing equipment or any new limiting
single failures. Additionally the proposed change does not involve a
change in the methods governing normal plant operation and all
safety functions will continue to perform as previously assumed in
accident analyses. Thus, the proposed change does not adversely
affect the design function or operation of any structures, systems,
and components important to safety. The proposed change does not
involve changing any accident initiators.
Implementation of AST and the associated proposed TS changes and
new atmospheric dispersion factors do not alter or involve any
[[Page 31085]]
design basis accident initiators. A design modification will be
implemented in support of the proposed AST change that will
eliminate the need for local operator action to isolate a failed
CREVS train. The proposed change does not adversely affect the
design function or mode of operations of structures, systems and
components in the facility important to safety. The structures,
systems and components important to safety will continue to function
in the same manner as before after the AST is implemented.
Therefore, no new failure modes are created by this proposed change.
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 amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed methodology and TS changes will not adversely
affect the operation of plant equipment or the function of equipment
assumed in the accident analysis. The proposed changes do not
adversely affect the design and performance of the structures,
systems, and components important to safety. Therefore, the required
safety functions will continue to be performed consistent with the
assumptions of the applicable safety analyses. In addition,
operation in accordance with the proposed TS change will continue to
ensure that the previously evaluated accidents will be mitigated as
analyzed. The NRC approved safety analysis methodologies include
restrictions on the choice of inputs, the degree of conservatism
inherent in the calculations, and specified event acceptance
criteria. Analyses performed in accordance with these methodologies
will not result in adverse effects on the regulated margin of
safety. As such, there is no significant reduction in a margin of
safety.
The results of the AST analyses are subject to the acceptance
criteria in 10 CFR 50.67. The analyzed events have been carefully
selected, and the analyses supporting these changes have been
performed using approved methodologies to ensure that analyzed
events are bounding and safety margin has not been reduced. The dose
consequences of these limiting events are within the acceptance
criteria presented in 10 CFR 50.67 and RG 1.183. Thus, by meeting
the applicable regulatory limits for AST, there is no significant
reduction in a margin of safety. New control room atmospheric
dispersion factors ([chi]/Qs) based on site specific meteorological
data, calculated in accordance with the guidance of RG 1.194,
utilizes more recent data and improved calculation methodologies.
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: Jay Silberg, Esq., Pillsbury Winthrop Shaw
Pittman LLP, 2300 N Street NW., Washington, DC 20037.
NRC Branch Chief: Robert J. Pascarelli.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
South Carolina Electric & Gas Company, Docket Nos. 50-027 and 52-028,
Virgil C. Summer Nuclear Station, Units 2 and 3, Fairfield County,
South Carolina
Wolf Creek Nuclear Operating Corporation (WCNOC), Docket No. 50-482,
Wolf Creek Generating Station (WCGS), Coffey County, Kansas
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (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 access to SUNSI. 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, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001. The expedited delivery or courier mail address for both
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike,
Rockville, Maryland 20852. The email address for the Office of the
Secretary and the Office of the General Counsel are
[email protected] and [email protected], respectively.\1\ The
request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(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.
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\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.
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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
receipt of (or access to) that information. 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
[[Page 31086]]
hearing), the petitioner may file its SUNSI contentions by that later
deadline.
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 requisite need, 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) if another officer has been
designated to rule on information access issues, with that officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
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 within 5 days of the notification by the
NRC staff of its grant of access and must be filed 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) if
another officer has been designated to rule on information access
issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, 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.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2. The
attachment 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 19th of June, 2017.
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
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Day Event/Activity
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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 opportunity to request a hearing
and petition for leave to intervene), 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.
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[[Page 31087]]
[FR Doc. 2017-13112 Filed 7-3-17; 8:45 am]
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