[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33742-33748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10530]
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NUCLEAR REGULATORY COMMISSION
[NRC-2020-0108]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; notice of opportunity to comment,
request a hearing, and petition for leave to intervene; order imposing
procedures.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of two amendment requests. The amendment requests
are for Oconee Nuclear Station, Units 1, 2, and 3; and Watts Bar
Nuclear Plant, Units 1 and 2. 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 July 2, 2020. A request for a hearing
or petitions for leave to intervene must be filed by August 3, 2020.
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 June 12,
2020.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0108. Address
questions about NRC Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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: Bernadette Abeywickrama, Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-0481, email:
[email protected] .
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0108, facility name, unit
number(s), plant docket number(s), 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 https://www.regulations.gov and search for Docket ID NRC-2020-0108.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://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.
B. Submitting Comments
Please include Docket ID NRC-2020-0108, facility name, unit
number(s), plant docket number(s), 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.
[[Page 33743]]
The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Background
Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the NRC is publishing this notice. The Act requires
the Commission to publish notice of any amendments issued, or proposed
to be issued and grants the Commission the authority to issue and make
immediately effective any amendment to an operating license or combined
license, as applicable, upon a determination by the Commission that
such amendment involves no significant hazards consideration,
notwithstanding the pendency before the Commission of a request for a
hearing from any person.
This notice includes notices of amendments containing SUNSI.
III. Notice of Consideration of Issuance of Amendments to Facility
Operating Licenses and Combined Licenses, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in 10 CFR 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated, or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated,
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment
period such that failure to act in a timely way would result, for
example, in derating or shutdown of the facility. If the Commission
takes action prior to the expiration of either the comment period or
the notice period, it will publish a notice of issuance in the Federal
Register. If the Commission makes a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
A. Opportunity To Request a Hearing and Petition for Leave To Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the 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 https://www.nrc.gov/reading-rm/doc-collections/cfr/. 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 to be made a party
to the proceeding; (3) the nature and extent of the petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective,
[[Page 33744]]
notwithstanding the request for a hearing. Any hearing would take place
after issuance of the amendment. If the final determination is that the
amendment request involves a significant hazards consideration, then
any hearing held would take place before the issuance of the amendment
unless the Commission finds an imminent danger to the health or safety
of the public, in which case it will issue an appropriate order or rule
under 10 CFR part 2.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 60 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local governmental body,
or Federally-recognized Indian Tribe, or agency thereof does not need
to address the standing requirements in 10 CFR 2.309(d) if the facility
is located within its boundaries. Alternatively, a State, local
governmental body, Federally-recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
B. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at https://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 https://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 https://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 https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is
[[Page 33745]]
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.
Duke Energy Carolinas, LLC, Docket Nos. 50-269, 50-270, and 50-287,
Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South
Carolina
Date of amendment request: February 19, 2020, as supplemented by
letter dated April 6, 2020. Publicly-available versions are available
in ADAMS under Accession No. ML20050D379 and Accession No. ML20097E117,
respectively.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would revise the Renewed Operating Licenses and Technical
Specifications (TSs) for each unit at the Oconee Nuclear Station, Units
1, 2, and 3, to support a measurement uncertainty recapture power
uprate from 2568 megawatts thermal (MWt) to 2610 MWt.
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 amendment changes the rated thermal power from 2568
megawatts thermal (MWt) to 2610 MWt; an increase of approximately
1.64% Rated Thermal Power. Duke Energy's evaluations have shown that
all structures, systems and components (SSCs) are capable of
performing their design function at the uprated power of 2610 MWt. A
review of station accident analyses found that all acceptance
criteria are still met at the uprated power of 2610 MWt.
The radiological consequences of operation at the uprated power
conditions have been assessed. The proposed power uprate does not
affect release paths, frequency of release, or the analyzed reactor
core fission product inventory for any accidents previously
evaluated in the Updated Final Safety Analysis Report. Analyses
performed to assess the effects of mass and energy releases remain
valid. All acceptance criteria for radiological consequences
continue to be met at the uprated power level.
The proposed change does not involve any change to the design or
functional requirements of the safety and support systems. That is,
the increased power level neither degrades the performance of, nor
increases the challenges to any safety systems assumed to function
in the plant safety analysis.
While power level is an input to accident analyses, it is not an
initiator of accidents. The proposed change does not affect any
accident precursors and does not introduce any accident initiators.
The proposed change does not impact the usefulness of the
Surveillance Requirements in evaluating the operability of required
systems and components.
In addition, evaluation of the proposed TS changes demonstrates
that the ability of equipment and systems required to prevent or
mitigate the radiological consequences of an accident is not
significantly affected. Since the impact on the systems is minimal,
it is concluded that the overall impact on the plant safety analysis
is negligible.
Therefore, the proposed TS change does not significantly
increase the probability or consequences of an accident previously
evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
No new accident scenarios, failure mechanisms, or single
failures are introduced as a result of the proposed change. The
installation of the Cameron LEFM CheckPlus System has been analyzed
and failures of the system will have no adverse effect on any
safety-related system or any SSCs required for transient mitigation.
SSCs previously required for the mitigation of a transient continue
to be capable of fulfilling their intended design functions. The
proposed change has no adverse effect on any safety-related system
or component and does not change the performance or integrity of any
safety-related system.
The proposed change does not adversely affect any current system
interfaces or create any new interfaces that could result in an
accident or malfunction of a different kind than previously
evaluated. Operation at the uprated power level does not create any
new accident initiators or precursors. Credible malfunctions are
bounded by the current accident analyses of record or recent
evaluations demonstrating that applicable criteria are still met
with the proposed change.
Therefore, this change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
Although the proposed amendment increases the ONS [Oconee
Nuclear Station] Units 1, 2, and 3 operating power level, the units
retain their margin of safety because it is only increasing power by
the amount equal to the reduction in uncertainty in the heat balance
calculation. The margins of safety associated with the power uprate
are those pertaining to core thermal power. These include fuel
cladding, reactor coolant system pressure boundary, and containment
barriers. Analyses demonstrate that the current design basis
continues to be met after the measurement uncertainty recapture
power uprate. Components associated with the reactor coolant system
pressure boundary structural integrity, including pressure-
temperature limits, vessel fluence, and pressurized thermal shock
are bounded by the current analyses. Systems will continue to
operate within their design parameters and remain capable of
performing their intended safety functions.
The current ONS safety analyses including the design basis
radiological accident dose calculations, bound the power uprate.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Kate Nolan, Deputy General Counsel, Duke
Energy Carolinas, 550 South Tryon Street, Charlotte, NC 28202.
NRC Branch Chief: Michael T. Markley.
Tennessee Valley Authority (TVA), Docket Nos. 50-390 and 50-391, Watts
Bar Nuclear Plant (WBN), Units 1 and 2, Rhea County, Tennessee
Date of amendment request: January 17, 2020. A publicly-available
version is available in ADAMS under Accession No. ML20017A338.
Description of amendment request: This amendment request contains
SUNSI. The amendment would revise WBN, Units 1 and 2 TS 5.9.5, ``Core
Operating Limits Report,'' to replace the loss-of-coolant accident
(LOCA) analysis evaluation model references with reference to the FULL
SPECTRUMTM Loss-of-Coolant Accident (FSLOCATM)
Evaluation Model analysis applicable to
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WBN, Units 1 and 2, with replacement steam generators. The amendments
would also revise WBN, Unit 2 Operating License condition 2.C(4) to
reflect the implementation of the FSLOCA Evaluation Model methodology.
The amendment would also revise WBN, Unit 1 TS 4.2.1, ``Fuel
Assemblies,'' to delete discussion of Zircalloy fuel rods. Lastly, the
amendment would approve a new LOCA-specific Tritium Producing Burnable
Absorber Rod stress analysis methodology.
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 consequence of an accident previously evaluated?
Response: No.
The proposed change to WBN Units 1 and 2, TS 5.9.5, ``Core
Operating Limits Report,'' to replace the LOCA analysis evaluation
model references with reference to the FSLOCA Evaluation Model
analysis applicable to both WBN Unit 1 and Unit 2 with replacement
steam generators. The proposed change would also revise WBN Unit 1
TS 4.2.1, ``Fuel Assemblies,'' to delete discussion of Zircalloy
fuel rods. These changes implement a Nuclear Regulatory Commission
(NRC) approved LOCA evaluation model. The analysis results for WBN
Units 1 and 2, based on using the new evaluation model meet the
regulatory requirements of 10 CFR 50.46. The use of a new NRC-
approved LOCA evaluation model will not increase the potential for
an accident. Therefore, the possibility of an accident is not
increased by the proposed changes. Because the reactor core meets
the regulatory requirements of 10 CFR 50.46 after a postulated LOCA,
the consequences of an accident are not increased by the proposed
changes.
The use of separate simulations performed in accordance with the
FSLOCA Evaluation Model as part of the new tritium producing
burnable absorber rod (TPBAR) stress analysis methodology developed
by Pacific Northwest National Laboratory and Westinghouse provide a
recovery of margin in the post-LOCA criticality evaluation in the
presence of assumed TPBR failures. The TPBARs were conservatively
assumed to rupture due to high cladding temperature and pressure
differential during LBLOCA events. TPBAR rupture results in a
positive reactivity addition and is a penalty in the post-LOCA
criticality evaluation. TVA proposes to use the FSLOCA Evaluation
Model methodology and the new LOCA-specific TPBAR stress analysis
methodology to evaluate the integrity of the TPBARs. The results
show that TPBARs will not rupture (with high probability and
confidence). Crediting the continued integrity of the TPBARs results
will be utilized in the core reload design process to simplify core
designs, increase tritium production, and improve fuel cycle
economics. The safety analysis process for each reload design will
continue to demonstrate that all regulatory criteria are met. The
use of a new TPBAR stress analysis methodology will not increase the
potential for an accident. Therefore, the possibility of an accident
is not increased by the proposed changes. Because the TPBAR failure
analysis results show that TPBARs will not rupture (with high
probability and confidence), the consequences of an accident are not
increased by the proposed changes.
Based on the above discussions, the proposed changes do not
involve an increase in the probability or consequences of an
accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed change to WBN Units 1 and 2 TS 5.9.5 to replace the
LOCA analysis evaluation model references with reference to FSLOCA
Evaluation Model and the corresponding change to WBN Unit 1 TS 4.2.1
implement an NRC-approved LOCA evaluation model. The use of the new
TPBAR stress analysis methodology to analyze the potential for TPBAR
failures provides recovery of margin in the post-LOCA criticality
evaluation in the presence of assumed TPBAR failures. The use of
these two new analytical methodologies will not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
Therefore, the proposed changes do not create the possibility of
a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed change to WBN Units 1 and 2 TS 5.9.5 to replace the
LOCA analysis evaluation model references with reference to the
FSLOCA Evaluation Model and the corresponding change to WBN Unit 1
TS 4.2.1 implement an NRC-approved LOCA evaluation model. The
analysis results for WBN Units 1 and 2, based on using the new
evaluation model, meet the regulatory requirements of 10 CFR 50.46
with increased margin after a postulated LOCA.
The analysis results for WBN Units 1 and 2, based on using the
new LOCA specific TPBAR stress analysis methodology show that TPBARs
will not rupture (with high probability and confidence), which
provides an increase of margin in the post-LOCA criticality
evaluation in the presence of assumed TPBAR failures.
Accordingly, the proposed changes do not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three 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: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West Tower, Knoxville, TN 37902.
NRC Branch Chief: Undine Shoop.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Duke Energy Carolinas, LLC, Docket Nos. 50-269, 50-270, and 50-287
Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South
Carolina
Tennessee Valley Authority, Docket Nos. 50-390 and 50-391, Watts Bar
Nuclear Plant, Units 1 and 2, Rhea County, Tennessee
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request 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 requestor 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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[[Page 33747]]
(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 requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
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 requestor 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 requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) The
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if he or
she is unavailable, another administrative judge, or an Administrative
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if
another officer has been designated to rule on information access
issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012) apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI
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: May 12, 2020.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
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Day Event/activity
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0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
Supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor 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).
[[Page 33748]]
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requestor 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. 2020-10530 Filed 6-1-20; 8:45 am]
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