[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:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
receipt of (or access to) that information. However, if more than 25
days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for 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\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012) apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI
request submitted to the NRC staff under these procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2. The
attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 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.
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[FR Doc. 2018-27393 Filed 1-7-19; 8:45 am]
BILLING CODE 7590-01-P