[Federal Register Volume 84, Number 5 (Tuesday, January 8, 2019)]
[Notices]
[Pages 88-94]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27393]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0277]


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 three amendment requests. The amendment 
requests are for Palo Verde Nuclear Generating Station, Units 1, 2, and 
3; Braidwood Station, Units 1 and 2; and Vogtle Electric Generating 
Plant, Units 3 and 4. For each amendment request, the NRC proposes to 
determine that they involve no significant hazards consideration. 
Because each amendment request contains sensitive unclassified non-
safeguards information (SUNSI), an order imposes procedures to obtain 
access to SUNSI for contention preparation.

DATES: Comments must be filed by February 7, 2019. A request for a 
hearing must be filed by March 11, 2019. 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 January 18, 2019.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0277. Address 
questions about Docket IDs in Regulations.gov to Krupskaya Castellon; 
telephone: 301-287-9221; email: [email protected]. For 
technical questions, contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
     Mail comments to: May Ma, Office of Administration, Mail 
Stop: TWFN-7-A60M, 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-2018-0277, 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0277.
     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 ``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-2018-0277, 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

[[Page 89]]

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 website 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.

[[Page 90]]

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 website 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 website 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 website 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 website 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.

Arizona Public Service Company (APS), et al., Docket Nos. STN 50-528, 
STN 50-529, and STN 50-530, Palo Verde Nuclear Generating Station 
(PVNGS), Units 1, 2, and 3, Maricopa County, Arizona

    Date of amendment request: July 6, 2018, as supplemented by letter 
dated October 18, 2018. Publicly-available versions are in ADAMS under 
Accession Nos. ML18187A417 and ML18296A466, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the Technical Specifications for PVNGS, Units 1, 
2, and 3, to support the implementation of Framatome Advanced 
Combustion Engineering 16x16 (CE-16) High Thermal Performance (HTP\TM\) 
fuel design with M5[supreg] as a fuel rod cladding material and 
gadolinia as a burnable absorber. In addition to this amendment 
request, APS is requesting an exemption from certain requirements of 10 
CFR 50.46, ``Acceptance criteria for emergency core cooling systems

[[Page 91]]

[(ECCS)] for light-water nuclear power reactors,'' and 10 CFR part 50, 
Appendix K, ``ECCS Evaluation Models,'' to allow the use of Framatome 
M5[supreg] alloy as a fuel rod cladding material. This amendment will 
adapt the approved PVNGS reload analysis methodology to address both 
Westinghouse and Framatome fuel, including the implementation of 
Framatome methodologies, parameters and correlations. The ability to 
use either Westinghouse or Framatome fuel will ensure security of the 
PVNGS fuel supply by providing for multiple fuel vendors with reliable 
fuel designs and geographically diverse manufacturing facilities.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes establish a COPERNIC fuel rod design 
computer code peak fuel centerline temperature safety limit for 
Framatome HTPTM fuel, allows for the use of M5[supreg] 
fuel rod cladding material by simplifying the TS 4.2.1 list of fuel 
rod cladding materials to the phrase ``zirconium-alloy clad,'' and 
updates the TS 5.6.5.b list of documents describing the core 
operating limits report (COLR) analytical methods to implement 
Framatome fuel, BHTP critical heat flux (CHF) correlation [BHTP 
designation], gadolinia burnable absorber, and VIPRE-01 (Versatile 
lnternals and Component Program for Reactors) code methodology.
    The requested Technical Specification (TS) changes do not 
involve any plant modifications that could affect system 
reliability, component performance, or the possibility of operator 
error. There is a new time requirement for an existing operator 
action, but it has been demonstrated to be able to be performed 
successfully well within the time requirement. The requested TS 
changes do not affect any postulated accident precursors, do not 
affect any accident mitigation systems, and do not introduce any new 
accident initiation methods. The response of the Framatome fuel to 
postulated accidents has been analyzed using the proposed safety 
limit, fuel design characteristics, and associated methodologies. 
These evaluation results show that the fuel response to postulated 
accidents is within applicable acceptance criteria.
    Therefore, the proposed changes do 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 establish a COPERNIC peak fuel centerline 
temperature safety limit for Framatome HTPTM fuel, allows 
for the use of M5[supreg] fuel rod cladding material by simplifying 
the TS 4.2.1 list of fuel rod cladding materials to the phrase 
``zirconium-alloy clad,'' and updates the TS 5.6.5.b list of 
documents describing the COLR analytical methods to implement 
Framatome fuel, BHTP CHF Correlation, gadolinia burnable absorber, 
and VIPRE-01 code methodology.
    Physical changes associated with Framatome HTPTM fuel 
(e.g., M5[supreg] cladding, fuel assembly spacer grids, gadolinia as 
a burnable absorber, MONOBLOCTM construction, 
FUELGUARDTM lower tie plate) do not introduce any new 
accident initiators and do not adversely affect the performance of 
any structure, system, or component previously credited for accident 
mitigation. Use of Framatome fuel with M5[supreg] cladding in Palo 
Verde Nuclear Generating Station reactor cores is compatible with 
the plant design and does not introduce any new safety functions for 
plant structures, systems, or components. The fuel design performs 
within the fuel design limits.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident than any previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed changes establish a COPERNIC peak fuel centerline 
temperature safety limit for Framatome HTPTM fuel, allows 
for the use of M5[supreg] fuel rod cladding material by simplifying 
the TS 4.2.1 list of fuel rod cladding materials to the phrase 
``zirconium-alloy clad,'' and updates the TS 5.6.5.b list of 
documents describing the COLR analytical methods to implement 
Framatome fuel, BHTP CHF Correlation, gadolinia burnable absorber, 
and VIPRE-01 code methodology.
    The existing TS safety limits for fuel supplied by Westinghouse 
are not being changed. The proposed COPERNIC peak fuel centerline 
temperature safety limit provides assurance that Framatome 
HTPTM fuel fission product barriers will perform within 
applicable acceptance criteria for normal operation, anticipated 
operational occurrences, and postulated accidents. The methodology 
implementing the BHTP CHF correlation for Framatome HTPTM 
fuel ensures that the applicable margin of safety is maintained 
(i.e., there is at least 95% probability at a 95% confidence level 
that the hot fuel rod in the core will not experience departure from 
nucleate boiling).
    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 
that review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
request for amendments involves no significant hazards consideration.
    Attorney for licensee: Michael G. Green, Senior Regulatory Counsel, 
Pinnacle West Capital Corporation, P.O. Box 52034, Mail Station 8695, 
Phoenix, Arizona 85072-2034.
    NRC Branch Chief: Robert J. Pascarelli.

Exelon Generation Company (EGC), LLC, Docket Nos. STN 50-456 and STN 
50-457, Braidwood Station (Braidwood), Units 1 and 2, Will County, 
Illinois

    Date of amendment request: July 19, 2018, as supplemented by letter 
dated October 19, 2018. Publicly-available versions are in ADAMS under 
Accession Nos. ML18204A169 and ML18296A288, respectively.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendments would add new License Conditions to Appendix C, ``Additional 
Conditions,'' of the Braidwood Operating Licenses for Unit 1 and Unit 
2, respectively, that authorize the use of up to eight Joint Stock 
Company ``TVEL'' (Fuel Company of Rosatom) TVS-K lead test assemblies 
(LTAs) in non-limiting reactor core locations for operation and 
evaluation.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change involves only a small number of LTAs, which 
will be designed to be compatible from a neutronic, thermal-
hydraulic, and mechanical standpoint with all plant Systems, 
Structures, and Components (SSCs). The fuel pellets and fuel rods 
themselves will have no impact on accident initiators or precursors. 
There will not be a significant impact on the operation of any plant 
SSC or on the progression of any operational transient or design 
basis accident. There will be no impact on any procedure or 
administrative control designed to prevent or mitigate any accident.
    The TVS-K LTAs will be placed in nonlimiting core locations. The 
Braidwood Station Unit 1 or Unit 2, [Refueling] Cycle 22, 23 and 24 
reload designs will meet all applicable design criteria. Evaluations 
of the TVS-K LTAs will be performed as part of the cycle specific 
reload safety analysis to confirm that the acceptance criteria of 
the existing safety analyses will continue to be met. A source term 
specific to the TVS-K LTAs will be used to evaluate changes to the 
current source term to ensure that the

[[Page 92]]

predicted radiological consequences continue to meet the applicable 
acceptance criteria. Operation of the TVS-K LTAs will not 
significantly increase the predicted radiological consequences of 
accidents currently postulated in the Updated Final Safety Analysis 
Report.
    Based on the above discussion, the proposed changes do 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.
    The proposed change involves the use of a small number of TVS-K 
LTAs which are similar to the co-resident fuel, as noted in Question 
1. The proposed change does not change the design function or 
operation of any SSC, and does not introduce any new failure 
mechanism, malfunction, or accident initiator not considered in the 
current design and licensing bases.
    The Braidwood Station reactor cores will be designed to meet all 
applicable design and licensing basis criteria. Demonstrated 
adherence to these standards and criteria precludes new challenges 
to components and systems that could introduce a new type of 
accident. The reload core designs for the [refueling] cycles in 
which the TVS-K LTAs will operate (i.e., [Refueling] Cycles 22, 23 
and 24) will demonstrate that the use of the TVS-K LTAs in 
nonlimiting core locations is acceptable. The relevant design and 
performance criteria will continue to be met and no new single 
failure mechanisms will be created. The use of TVS-K LTAs does not 
involve any alteration to plant equipment or procedures that would 
introduce any new or unique operational modes or accident 
precursors.
    Therefore, the proposed change will not create the possibility 
of a new or different kind of accident than those previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    Operation of Braidwood Station Unit 1 or Unit 2 with up to eight 
TVEL TVS-K LTAs, placed in nonlimiting core locations, does not 
change the performance requirements on any system or component such 
that any design criteria will be exceeded. The current limits on 
core operation defined in the Braidwood Station Technical 
Specifications are applicable to the subject LTAs during [Refueling] 
Cycles 22, 23 and 24. The Westinghouse analytical codes and methods 
used for currently licensed fuel design and reload analysis will be 
used to confirm that the TVS-K LTAs will not have a significant 
adverse impact on the resident Westinghouse fuel.
    With respect to non-fuel SSCs, the safety limit, limiting safety 
system setting, limiting condition of operation, instrument 
setpoint, and other design criteria will continue to be met.
    Based on this evaluation, the proposed change does not involve a 
significant reduction in a margin of safety.
    Based on the above, EGC concludes that the proposed amendment 
does not involve a significant hazards consideration under the 
standards set forth in 10 CFR 50.92, and accordingly, a finding of 
``no significant hazards consideration'' is justified.

    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 Nuclear, 4300 Winfield Road, Warrenville, Illinois 60555.
    NRC Branch Chief: David J. Wrona.

Southern Nuclear Operating Company, Inc., Docket Nos. 52-025 and 52-
026, Vogtle Electric Generating Plant (VEGP), Units 3 and 4, Burke 
County, Georgia

    Date of amendment request: September 28, 2018. A publicly-available 
version is in ADAMS under Accession No. ML18271A116.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment request proposes changes to the VEGP Units 3 and 4 Combined 
License (COL) Physical Security Plan (PSP) and to a plant-specific 
emergency planning inspections, tests, analyses, and acceptance 
criteria (ITAAC) in Appendix C of the VEGP Unit 4 COL. Specifically, 
the amendment request proposes changes to Appendix E of the VEGP Units 
3 and 4 COL PSP to describe the Transitional Security Measures (TSMs) 
that would be implemented in the event that Unit 3 is ready to load 
fuel and begin operation with a contiguous Protected Area boundary and 
vehicle barrier system and a secure boundary is needed between Units 3 
and 4.
    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 changes to implement TSMs on the western boundary 
of Unit 3 do not involve any new accident. The changes do not affect 
the operation of any systems or equipment that initiate an analyzed 
accident or alter any structures, systems, or components (SSCs) 
accident initiator or initiating sequence of events. The changes do 
not impact the design, construction, or operation of any mechanical 
and fluid systems. There is no change to plant systems or the 
response of systems to postulated accident conditions. There is no 
change to the predicted radioactive releases due to postulated 
accident conditions. Consequently, the plant response to previously 
evaluated accidents or external events is not adversely affected, 
nor do the proposed changes create any new accident precursors.
    The VEGP Unit 4 COL Appendix C Emergency Planning ITAAC provide 
assurance that the facility has been constructed and will be 
operated in conformity with the license, the provisions of the Act, 
and the Commission's rules and regulations. The proposed change to 
the VEGP Unit 4 COL Appendix C Emergency Planning ITAAC Table E.3.9-
5 item No. 852 does not affect the design of a system, structure, or 
component (SSC) used to meet the design bases of the nuclear plant. 
Nor does the change affect the construction or operation of the 
nuclear plant itself, so there is no change to the probability or 
consequences of an accident previously evaluated. Changing the VEGP 
Unit 4 COL Appendix C Emergency Planning ITAAC Table E.3.9-5 item 
No. 852 does not affect prevention and mitigation of abnormal events 
(e.g., accidents, anticipated operational occurrences, earthquakes, 
floods, or turbine missiles) or their safety or design analyses. No 
safety-related SSC or function is adversely affected. The change 
does not involve or interface with any SSC accident initiator or 
initiating sequence of events, so the probabilities of the accidents 
evaluated in the Updated Final Safety Analysis Report (UFSAR) are 
not affected.
    Because the change does not involve any safety-related SSC or 
function used to mitigate an accident, the consequences of the 
accidents evaluated in the UFSAR 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 do not affect the operation of any systems 
or equipment that may initiate a new or different kind of accident, 
or alter any SSC such that a new accident initiator or initiating 
sequence of events is created. 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 implement TSMs on the western boundary 
of Unit 3 do not alter any safety-related equipment, applicable 
design codes, code compliance, design function, or safety analysis. 
Consequently, no safety analysis or design basis acceptance limit/
criterion is challenged or exceeded by the proposed changes, thus 
the margin of safety is not reduced. The added barriers are 
designed, constructed, and controlled in accordance with applicable 
regulations.

[[Page 93]]

    The revision to VEGP Unit 4 COL Appendix C Emergency Planning 
ITAAC Table E.3.9-5 item No. 852 does not adversely affect safety-
related equipment or fission product barriers. No safety analysis or 
design basis acceptance limit or criterion is challenged or exceeded 
by the proposed change. 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 L. Dixon-Herrity.

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

Palo Verde Nuclear Generating Station, Units 1, 2, and 3, Maricopa 
County, Arizona

Braidwood Station, Units 1 and 2, Will County, Illinois

Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia

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

    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 Deputy General Counsel 
for Hearings 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:
---------------------------------------------------------------------------

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

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

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

    F. 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 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

[[Page 94]]

procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
---------------------------------------------------------------------------

    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012) apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI 
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    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 13th day of December 2018.

    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

------------------------------------------------------------------------
              Day                            Event/activity
------------------------------------------------------------------------
0.............................  Publication of Federal Register notice
                                 of hearing and opportunity to petition
                                 for leave to intervene, including order
                                 with instructions for access requests.
10............................  Deadline for submitting requests for
                                 access to Sensitive Unclassified Non-
                                 Safeguards Information (SUNSI) with
                                 information: Supporting the standing of
                                 a potential party identified by name
                                 and address; describing the need for
                                 the information in order for the
                                 potential party to participate
                                 meaningfully in an adjudicatory
                                 proceeding.
60............................  Deadline for submitting petition for
                                 intervention containing: (i)
                                 Demonstration of standing; and (ii) all
                                 contentions whose formulation does not
                                 require access to SUNSI (+25 Answers to
                                 petition for intervention; +7
                                 petitioner/requestor reply).
20............................  U.S. Nuclear Regulatory Commission (NRC)
                                 staff informs the requester of the
                                 staff's determination whether the
                                 request for access provides a
                                 reasonable basis to believe standing
                                 can be established and shows need for
                                 SUNSI. (NRC staff also informs any
                                 party to the proceeding whose interest
                                 independent of the proceeding would be
                                 harmed by the release of the
                                 information). If NRC staff makes the
                                 finding of need for SUNSI and
                                 likelihood of standing, NRC staff
                                 begins document processing (preparation
                                 of redactions or review of redacted
                                 documents).
25............................  If NRC staff finds no ``need'' or no
                                 likelihood of standing, the deadline
                                 for petitioner/requester to file a
                                 motion seeking a ruling to reverse the
                                 NRC staff's denial of access; NRC staff
                                 files copy of access determination with
                                 the presiding officer (or Chief
                                 Administrative Judge or other
                                 designated officer, as appropriate). If
                                 NRC staff finds ``need'' for SUNSI, the
                                 deadline for any party to the
                                 proceeding whose interest independent
                                 of the proceeding would be harmed by
                                 the release of the information to file
                                 a motion seeking a ruling to reverse
                                 the NRC staff's grant of access.
30............................  Deadline for NRC staff reply to motions
                                 to reverse NRC staff determination(s).
40............................  (Receipt +30) If NRC staff finds
                                 standing and need for SUNSI, deadline
                                 for NRC staff to complete information
                                 processing and file motion for
                                 Protective Order and draft Non-
                                 Disclosure Affidavit. Deadline for
                                 applicant/licensee to file Non-
                                 Disclosure Agreement for SUNSI.
A.............................  If access granted: Issuance of presiding
                                 officer or other designated officer
                                 decision on motion for protective order
                                 for access to sensitive information
                                 (including schedule for providing
                                 access and submission of contentions)
                                 or decision reversing a final adverse
                                 determination by the NRC staff.
A + 3.........................  Deadline for filing executed Non-
                                 Disclosure Affidavits. Access provided
                                 to SUNSI consistent with decision
                                 issuing the protective order.
A + 28........................  Deadline for submission of contentions
                                 whose development depends upon access
                                 to SUNSI. However, if more than 25 days
                                 remain between the petitioner's receipt
                                 of (or access to) the information and
                                 the deadline for filing all other
                                 contentions (as established in the
                                 notice of 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.
------------------------------------------------------------------------

[FR Doc. 2018-27393 Filed 1-7-19; 8:45 am]
 BILLING CODE 7590-01-P