[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46094-46102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20084]
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NUCLEAR REGULATORY COMMISSION
[NRC-2017-0192]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Safeguards Information and Order Imposing Procedures
for Access to Sensitive Unclassified Non-Safeguards Information and
Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; 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 three amendment requests. The amendment
requests are for Hope Creek Generating Station, R.E. Ginna Nuclear
Power Plant, and Wolf Creek Generating Station. For each amendment
request, the NRC proposes to determine that they involve no significant
hazards consideration. Because the amendment requests contain sensitive
unclassified non-safeguards information (SUNSI) and safeguards
information (SGI), an order imposes procedures to obtain access to
SUNSI and SGI for contention preparation.
DATES: Comments must be filed by November 2, 2017. A request for a
hearing must be filed by December 4, 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 and/or SGI is necessary to respond
to this notice must request document access by October 13, 2017.
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-2017-0192. 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: TWFN-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: Lynn Ronewicz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1927, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0192, 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-2017-0192.
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-2017-0192, 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.
[[Page 46095]]
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 and/or
SGI.
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 Sec. 50.92 of 10 CFR, 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 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,
[[Page 46096]]
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 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
[[Page 46097]]
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.
Exelon Generation Company, LLC, Docket No. 50-244, R.E. Ginna Nuclear
Power Plant (Ginna), Wayne County, New York
Date of amendment request: June 30, 2017. A publicly-available
version is in ADAMS under Accession No. ML17186A233.
Description of amendment request: This amendment request contains
safeguards information (SGI). The amendment would revise the
modification to install overcurrent protection for the emergency diesel
generators associated with the implementation of 10 CFR 50.48(c),
National Fire Protection Association Standard 805 (NFPA 805),
``Performance-Based Standard for Fire Protection for Light-Water
Reactor Electric Generating Plants,'' 2001 Edition. The amendment would
also update Attachment C, ``NEI 04-02 Table B-3 Fire Area Transition'';
Attachment G, ``Recovery Actions Transition''; Attachment M, ``License
Condition Changes''; Attachment S, ``Modifications and Implementation
Items''; and Attachment W, ``Fire PRA [Probabilistic Risk Assessment]
Insights,'' of the previously approved NFPA 805 amendment.
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.
Further consideration of committed modifications has resulted in
the conclusion that the modification to install overcurrent
protection, Engineering Service Request (ESR) 12-0141 (i.e.,
modification), is no longer required in the NFPA 805 project
modification scope. The original purpose of the overcurrent
protection modifications was to reduce fire risk by protecting the
emergency diesel generations (EDGs) from fire-induced overcurrent
events allowing local recovery of the EDGs. Several alternative
means will be made available to provide the power for decay heat
removal, RCS [reactor coolant system] inventory and reactivity
control, as well as providing power to the vital battery chargers,
long-term indication and control power, and breaker control.
Operation of Ginna in accordance with the proposed amendment
does not increase the probability or consequences of accidents
previously evaluated. Engineering analyses, which may include
engineering evaluations, probabilistic safety assessments, and fire
modeling calculations, have been performed to demonstrate that the
performance-based requirements of NFPA 805 have been satisfied with
the elimination of fire-induced overcurrent protection. The proposed
amendment does not affect accident initiators, nor does it alter
design assumptions, conditions, or configurations of the facility
that would increase the probability of accidents previously
evaluated. Further, the changes to be made for fire hazard
protection and mitigation do not adversely affect the ability of
structures, systems, or components to perform their design functions
for accident mitigation, nor do they affect the postulated
initiators or assumed failure models for accidents described and
evaluated in the UFSAR [Updated Final Safety Analysis Report].
Structures, systems, or components required to safely shutdown the
reactor and to maintain it in a safe shutdown condition will remain
capable of performing their design functions.
The proposed amendment will not affect the source term,
containment isolation, or radiological release assumptions used in
evaluating the radiological consequences of any accident previously
evaluated, and equipment required to mitigate an accident remains
capable of performing the assumed function(s). The applicable
radiological dose criteria will continue to be met.
The combination of all the proposed modifications and data
updates reduces the overall calculated delta risk relative to the
previously submitted information even with the removal of the fire-
induced overcurrent modifications. The net Core Damage Frequency
(CDF) delta risk including the internal events offset is 4E-6. The
net Large Early Release Frequency (LERF) delta risk including the
internal events offset is less than 1E-7.
Based on the above discussion, it is concluded that 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 kind of accident previously
evaluated?
Response: No.
The original purpose of the overcurrent protection modifications
was to reduce the fire risk by protecting the EDGs from fire-induced
overcurrent events allowing local recovery of the EDGs. Several
alternative means will be made available to provide the power for
decay heat removal, RCS inventory and reactivity control, as well as
providing power to the vital battery chargers, long-term indication
and control power, and breaker control in lieu of ESR-12-0141.
Operation of Ginna in accordance with the proposed amendment does
not create the possibility of a new or different kind of accident
from any accident previously evaluated. The proposed change does not
alter the requirements or functions for systems required during
accident conditions. Implementation of this change will not result
in new or different accidents.
The proposed amendment does not introduce new or different
accident initiators, nor does it alter design assumptions,
conditions, or configurations of the facility in such a manner as to
introduce new or different accident initiators. The proposed
amendment does not adversely affect the ability of structures,
systems, or components to perform their design function. Structures,
systems, or components required to safely shutdown the reactor and
maintain it in a safe shutdown condition remain capable of
performing their design functions.
The requirements of NFPA 805 address only fire protection and
the impacts of fire on the plant that have previously been
evaluated. Thus, implementation of the proposed amendment would not
create the possibility of a new or different kind of accident beyond
those already analyzed in the UFSAR. No new accident scenarios,
transient precursors, failure mechanisms, or limiting single
failures will be introduced, and there will be no adverse effect or
challenges imposed on any safety-related system as a result of the
proposed amendment.
Based on the above discussion, it is concluded that 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 the margin of safety?
Response: No.
The purpose of the proposed amendment is to permit Ginna to
adopt a new fire protection licensing basis which complies with the
requirements in 10 CFR 50.48(a) and (c) and the guidance in
Regulatory Guide 1.205, Revision 1. The NRC considers that NFPA 805
provides an acceptable methodology and performance criteria for
licensees to identify fire protection systems and features that are
an acceptable alternative to the 10 CFR 50, Appendix R required fire
protection features (69 FR 33536; June 16,
[[Page 46098]]
2004). The proposed change eliminates the overcurrent protection
modifications which were intended to reduce fire risk by protecting
the EDGs from fire-induced overcurrent events allowing local
recovery of the EDGs. Several alternative means will be made
available to provide the power for decay heat removal, RCS inventory
and reactivity control, and vital auxiliaries such as providing
power to the vital battery chargers, long-term indication and
control power, and breaker control functions in lieu of ESR-12-0141.
These alternative means will ensure that this change does not result
in a significant reduction in the margin of safety.
The overall approach of NFPA 805 is consistent with the key
principles for evaluating license basis changes, as described in
Regulatory Guide 1.174, Revision 2, is consistent with the defense-
in-depth philosophy, and maintains sufficient safety margins.
Engineering analysis, which may include engineering evaluations,
probabilistic safety assessments, and fire modeling calculations,
have been performed to demonstrate that the performance-based
methods do not result in a significant reduction in the margin of
safety.
Operation of Ginna in accordance with the proposed amendment
does not involve a significant reduction in the margin of safety.
The proposed amendment does not alter the manner in which safety
limits, limiting safety system settings, or limiting conditions for
operation are determined. The safety analysis acceptance criteria
are not affected by this change. The proposed amendment does not
alter the manner in which safety limits, limiting safety system
settings, or limiting conditions for operation are determined. The
safety analysis acceptance criteria are not affected by this change.
The proposed amendment does not adversely affect existing plant
safety margins or the reliability of equipment assumed to mitigate
accident sin the UFSAR. The proposed amendment does not adversely
affect the ability of structures, systems, or components to perform
their design function. Structures, systems, or components required
to safely shut down the reactor and to maintain it in a safe
shutdown condition remain capable of performing their design
functions.
Based on the above discussion, it is concluded that the proposed
amendment does not involve a significant reduction in the 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: Tamra Domeyer, Associate General Counsel,
Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville,
Illinois 60555.
NRC Branch Chief: James G. Danna.
PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station,
Hancocks Bridge, New Jersey
Date of amendment request: July 7, 2017. A publicly-available
version is in ADAMS under Package Accession No. ML17188A259.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment would revise the Renewed Facility Operating License and
Technical Specifications to implement a measurement uncertainty
recapture power uprate. Specifically, the amendment would authorize an
increase in the maximum licensed thermal power level from 3,840
megawatts thermal (MWt) to 3,902 MWt, which is an increase of
approximately 1.6 percent.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change will increase the Hope Creek Generating
Station rated thermal power (RTP) from 3840 megawatts thermal (MWt)
to 3902 MWt. The reviews and evaluations performed to support the
proposed uprated power conditions included all structures, systems,
and components that would be affected by the proposed changes. The
reviews and evaluations determined that these structures, systems,
and components are capable of performing their design function at
the proposed uprated RTP of 3902 MWt. Accident mitigation systems
will function as designed. The performance requirements for these
systems have been evaluated and found acceptable. Thus, the proposed
changes do not create any new accident initiators or increase the
probability of an accident previously evaluated.
The primary loop components (e.g., reactor vessel, reactor
internals, control rod drive housings, piping and supports, and
recirculation pumps) remain within their applicable structural
limits and will continue to perform their intended design function
at the uprated power level. Thus, there is no increase in the
probability of a structural failure from these components. The
safety relief valves and containment isolation valves meet design
sizing requirements at the uprated power level. Because the plant
integrity will not be affected by operation at the uprated
condition, PSEG Nuclear LLC (PSEG) has concluded that all
structures, systems, and components required to mitigate a transient
remain capable of fulfilling their intended functions.
The current safety analyses were evaluated for operation at 3902
MWt. The results demonstrate that acceptance criteria for applicable
analyses continue to be met at the uprated conditions. As such,
applicable accident analyses continue to comply with the relevant
event acceptance criteria. The analyses performed to assess the
effects of mass and energy releases remain valid. Source terms used
to assess radiological consequences have been determined to bound
operation at the uprated power level.
Power level is an input assumption to equipment design and
accident analyses, but is not a transient or accident initiator.
Accident initiators are not affected by the power uprate, and plant
safety barrier challenges are not created by the proposed change.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
No new accident scenarios, failure mechanisms, or single
failures are introduced as a result of the proposed change.
Structures, systems, and components previously required for
transient mitigation remain capable of fulfilling their intended
design functions. The proposed change has no adverse effect on any
safety-related structures, systems, or components and does not
challenge the performance or integrity of any safety-related system.
The proposed change does not adversely affect any current system
interfaces or create any new interfaces that could result in an
accident or malfunction of a different kind than previously
evaluated. Plant operation at 3902 MWt does not create any new
accident initiators or precursors. Credible malfunctions are bounded
by the current accident analyses of record or recent evaluations
demonstrating that applicable criteria are still met with the
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. Do the proposed changes involve a significant reduction in a
margin of safety?
Response: No.
The margins of safety associated with the power uprate are those
pertaining to core thermal power. Analyses of the primary fission
product barriers have concluded that relevant design criteria remain
satisfied, both from the standpoint of primary fission product
barrier integrity and compliance with the required acceptance
criteria. As appropriate, evaluations have been performed using
methods that have either been reviewed and approved by the Nuclear
Regulatory Commission, or are in compliance with regulatory review
guidance and standards.
Therefore, the proposed changes do 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
[[Page 46099]]
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: Jeffrie J. Keenan, PSEG Nuclear LLC--N21,
P.O. Box 236, Hancocks Bridge, New Jersey 08038.
NRC Branch Chief: James G. Danna.
Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf Creek
Generating Station, (WCGS) Coffey County, Kansas
Date of amendment request: June 28, 2017. A publicly-available
version is in ADAMS under Accession No. ML17186A082.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment would add new Technical Specification (TS) 3.7.20, ``Class 1E
Electrical Equipment Air Conditioning (A/C) System,'' to the WCGS TSs.
New TS 3.7.20 would include the limiting condition for operation (LCO)
statement, Applicability during which the LCO must be met, ACTIONS
(with Conditions, Required Actions, and Completion Times) to be applied
when the LCO is not met, and Surveillance Requirements (SRs) with a
specified Frequency to demonstrate that the LCO is met for the Class 1
E Electrical Equipment A/C System trains at WCGS. Additionally, the
Table of Contents would also be revised to reflect the incorporation of
new TS 3.7.20.
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 addition of TS 3.7.20 creates a[n] LCO for the
Class 1E Electrical Equipment A/C System that is required to support
the TS Class 1E electrical equipment. The 30 day Completion Time to
restore an inoperable Class 1E electrical equipment A/C train to
OPERABLE status is consistent with the Control Room Air Conditioning
System (CRACS) and is supported by a plant specific calculation. The
Class 1E Electrical Equipment A/C Systems' actuation, operation, or
failure is not an initiator to any accident previously evaluated. As
a result, the probability of an accident previously evaluated is not
significantly increased. Conversely, the proposed change provides a
period of time to recover an unexpected loss of cooling capability
with one OPERABLE Class 1E electrical equipment A/C train providing
adequate area cooling for both trains of Class 1E electrical
equipment during normal and accident conditions (with mitigating
actions being required).
Overall protection system performance will remain within the
bounds of the previously performed accident analyses since no
hardware changes are proposed to the protection systems. The same
Reactor Trip System (RTS) and Engineered Safety Feature Actuation
System (ESFAS) instrumentation will continue to be used. The
protection systems will continue to function in a manner consistent
with the plant design basis. The proposed change will not adversely
affect accident initiators or precursors nor adversely alter the
design assumptions and conditions of the facility or the manner in
which the plant is operated and maintained with respect to such
initiators or precursors.
The proposed change will not alter or prevent the capability of
structures, systems, and components (SSCs) to perform their intended
functions for mitigating the consequences of an accident and meeting
applicable acceptance limits.
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 accident previously
evaluated?
Response: No.
No new accident scenarios, transient precursors, failure
mechanisms, or limiting single failures will be introduced as a
result of this amendment. No new or different accidents result from
addition of the proposed specification. The Class 1E electrical
equipment A/C trains maintain the capability to perform their
specified safety function. The proposed license amendment includes
regulatory commitments to achieve the capability for one OPERABLE
Class 1E electrical equipment A/C train to provide adequate cooling
for both trains of electrical equipment during normal and accident
conditions by design changes. [The planned modifications proposed by
regulatory commitments will be implemented under the requirements of
10 CFR 50.59.]
The proposed amendment will not alter the design or performance
of the 7300 Process Protection System, Nuclear Instrumentation
System, Solid State Protection System, Balance of Plant Engineered
Safety Features Actuation System, Main Steam and Feedwater Isolation
System, or Load Shedder and Emergency Load Sequencers used in the
plant protection systems.
The proposed change adds requirements in the TSs that were
previously located in plant procedures. One OPERABLE Class 1E
electrical equipment A/C train is capable of providing adequate area
cooling for both trains of Class 1E electrical equipment during
normal and accident conditions (with mitigating actions being
required). The change does not have a detrimental impact on the
manner in which plant equipment operates or responds to an actuation
signal.
Therefore, the proposed change will 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 specification allows for a period of time in which
one Class 1E electrical equipment A/C train is capable of providing
adequate area cooling for both trains of Class 1E electrical
equipment during normal and accident conditions (with mitigating
actions being required). The proposed change does not impact
accident offsite dose, containment pressure or temperature,
Emergency Core Cooling System settings or Reactor Protection System
settings, or any other parameter that could affect a margin of
safety. The margin of safety is enhanced by periodically verifying
the area room temperatures are maintained within limit while one
Class 1E electrical equipment A/C train is inoperable and allowing a
reasonable period to perform preventive and corrective maintenance
thus increasing system reliability.
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 and Safeguards Information for Contention
Preparation
PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station,
Hancocks Bridge, New Jersey
Exelon Generation Company, LLC, Docket No. 50-244, R. E. Ginna Nuclear
Power Plant, Wayne County, New York
Wolf Creek Nuclear Operating Corporation, Docket No. 50-482, Wolf Creek
Generating Station, Coffey County, Kansas
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR parts
2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
[[Page 46100]]
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 or SGI is necessary to respond to this notice
may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication 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 requestor shall submit a letter requesting permission to
access SUNSI, SGI, or both 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 and/or SGI
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);
(3) If the request is for SUNSI, the identity of the individual or
entity requesting access to SUNSI and the requestor'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; and
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requestor in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically why the requestor believes that the information is
necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
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\2\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
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(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested SGI to provide the basis and specificity for a proffered
contention. The technical competence of a potential party or its
counsel may be shown by reliance on a qualified expert, consultant, or
assistant who satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions,'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Office of Administration to
conduct the background check required for access to SGI, as required by
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the
requestor's trustworthiness and reliability. For security reasons, Form
SF-85 can only be submitted electronically through the electronic
questionnaire for investigations processing (e-QIP) Web site, a secure
Web site that is owned and operated by the Office of Personnel
Management. To obtain online access to the form, the requestor should
contact the NRC's Office of Administration at 301-415-3710.\3\
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\3\ The requestor will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and email address. After providing this information, the requestor
usually should be able to obtain access to the online form within
one business day.
---------------------------------------------------------------------------
(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 may be obtained by writing the Office of Administrative
Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by email to
[email protected]. The fingerprint card will be used to satisfy
the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and
Section 149 of the Atomic Energy Act of 1954, as amended, which
mandates that all persons with access to SGI must be fingerprinted for
an FBI identification and criminal history records check.
(d) A check or money order payable in the amount of $324.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted.
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\4\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
---------------------------------------------------------------------------
(e) If the requestor or any individual(s) who will have access to
SGI believes they belong to one or more of the categories of
individuals that are exempt from the criminal history records check and
background check requirements in 10 CFR 73.59, the requestor should
also provide a statement identifying which exemption the requestor is
invoking and explaining the requestor's basis for believing that the
exemption applies. While processing the request, the Office of
Administration, Personnel Security Branch, will make a final
determination whether the claimed exemption applies. Alternatively, the
requestor may contact the Office of Administration for an evaluation of
their exemption status prior to submitting their request. Persons who
are exempt from the background check are not required to complete the
SF-85 or Form FD-258; however, all other requirements for access to
SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must be sent to the following
address: U.S. Nuclear Regulatory Commission, ATTN: Personnel
Security Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike,
Rockville, MD 20852.
These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraphs C.(3) or C.(4) above, as applicable, the
[[Page 46101]]
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 or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both E.(1) and E.(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 setting forth
terms and conditions to prevent the unauthorized or inadvertent
disclosure of SUNSI by each individual who will be granted access to
SUNSI.\5\
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\5\ 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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G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both E.(1) and E.(2) above, the Office of
Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of Administration determines that the individual or individuals
are trustworthy and reliable, the NRC will promptly notify the
requestor in writing. The notification will provide the names of
approved individuals as well as the conditions under which the SGI will
be provided. Those conditions may include, but are not limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order
\6\ by each individual who will be granted access to SGI.
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\6\ Any motion for Protective Order or draft Non-Disclosure
Agreement or Affidavit for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
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H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI or SGI 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 hearing), the
petitioner may file its SUNSI or SGI contentions by that later
deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff either after a determination on standing and requisite need, or
after a determination on trustworthiness and reliability, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of Administration makes a final adverse
determination regarding the trustworthiness and reliability of the
proposed recipient(s) for access to SGI, the Office of Administration,
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an
opportunity to correct or explain the record.
(3) The requestor may challenge the NRC staff's adverse
determination with respect to access to SUNSI or with respect to
standing or need to know for SGI 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.
(4) The requestor may challenge the Office of Administration's
final adverse determination with respect to trustworthiness and
reliability for access to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
K. Review of Grants of Access. A party other than the requestor 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.\7\
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\7\ Requestors 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/SGI
request submitted to the NRC staff under these procedures.
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L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, 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 15th day of September 2017.
For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting, Secretary of the Commission.
[[Page 46102]]
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
and 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) and/or
Safeguards Information (SGI) 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; demonstrating that access
should be granted (e.g., showing
technical competence for access to
SGI); and, for SGI, including
application fee for fingerprint/
background check.
60............................ Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does not
require access to SUNSI and/or SGI (+25
Answers to petition for intervention;
+7 requestor/petitioner reply).
20............................ U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the
staff's determination whether the
request for access provides a
reasonable basis to believe standing
can be established and shows (1) need
for SUNSI or (2) need to know for SGI.
(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). If NRC staff makes the
finding of need to know for SGI and
likelihood of standing, NRC staff
begins background check (including
fingerprinting for a criminal history
records check), information processing
(preparation of redactions or review of
redacted documents), and readiness
inspections.
25............................ If NRC staff finds no ``need,'' no
``need to know,'' or no likelihood of
standing, the deadline for requestor/
petitioner 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.
190........................... (Receipt +180) If NRC staff finds
standing, need to know for SGI, and
trustworthiness and reliability,
deadline for NRC staff to file motion
for Protective Order and draft Non-
disclosure Affidavit (or to make a
determination that the proposed
recipient of SGI is not trustworthy or
reliable). Note: Before the Office of
Administration makes a final adverse
determination regarding access to SGI,
the proposed recipient must be provided
an opportunity to correct or explain
information.
205........................... Deadline for petitioner to seek reversal
of a final adverse NRC staff
trustworthiness or reliability
determination under 10 CFR
2.336(f)(1)(iv).
A............................. If access granted: Issuance of a
decision by a presiding officer or
other designated officer 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 and/or SGI consistent with
decision issuing the protective order.
A + 28........................ Deadline for submission of contentions
whose development depends upon access
to SUNSI and/or SGI. 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 or SGI
contentions by that later deadline.
A + 53........................ (Contention receipt +25) Answers to
contentions whose development depends
upon access to SUNSI and/or SGI.
A + 60........................ (Answer receipt +7) Petitioner/
Intervenor reply to answers.
>A + 60....................... Decision on contention admission.
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[FR Doc. 2017-20084 Filed 10-2-17; 8:45 am]
BILLING CODE 7590-01-P