[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26771-26775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11222]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-250 and 50-251; NRC-2011-0094]
Florida Power & Light Company; Turkey Point, Units 3 and 4;
Notice of Consideration of Issuance of Amendment to Facility Operating
License, and Opportunity for a Hearing and Order Imposing Procedures
for Document Access to Sensitive Unclassified Non-Safeguards
Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment request, opportunity to comment,
opportunity to request a hearing, and Commission order.
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DATES: A request for a hearing must be filed by July 8, 2011. Any
potential party as defined in Title 10 of the Code of Federal
Regulations (10 CFR) 2.4 who believes access to Sensitive Unclassified
Non-Safeguards Information (SUNSI) is necessary to respond to this
notice must request document access by May 19, 2011.
ADDRESSES: Please include Docket ID NRC-2011-0094 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site http://www.regulations.gov. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0094. Address questions about NRC dockets to Carol Gallagher 301-
492-3668; e-mail [email protected].
You can access publicly available documents related to this notice
using the following methods:
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
NRC's Public Document Room (PDR): The public may examine,
and have copied for a fee, publicly available documents at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC's Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into
ADAMS, which provides text and image files of NRC's public documents.
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected]. The application for amendment, dated October 21,
2010, contains proprietary information and, accordingly, those portions
are being withheld from public disclosure. A redacted version of the
application for amendment, dated December 14, 2010, is available
electronically under ADAMS Accession No. ML103560167.
Federal Rulemaking Web site: Public comments and
supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2011-0094.
FOR FURTHER INFORMATION CONTACT: Jason C. Paige, Project Manager, Plant
Licensing Branch II-2, Division of Operating Reactor Licensing, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: 301-415-5888; fax number: 301-415-
2102; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission)
[[Page 26772]]
is considering issuance of an amendment to Facility Operating License
Nos. DPR-31 and DPR-41 issued to Florida Power & Light Co. (the
licensee) for operation of the Turkey Point Nuclear Generating Station,
Units 3 and 4, located in Miami-Dade County, Florida.
The proposed amendment would increase the licensed core power level
for Turkey Point, Units 3 and 4, from 2300 megawatts thermal (MWt) to
2644 MWt. The increase in core thermal power will be approximately 15
percent, including a 13 percent power uprate and a 1.7 percent
measurement uncertainty recapture, over the current licensed core
thermal power level and is categorized as an Extended Power Uprate. The
proposed amendment would modify the Renewed Facility Operating
Licenses, the technical specifications and licensing bases to support
operation at the increased core thermal power level.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The amendment will not be issued prior to a hearing unless the
staff makes a determination that the amendment involves no significant
hazards considerations. If a request for a hearing is received, the
Commission's staff may issue the amendment after it completes its
technical review and prior to the completion of any required hearing if
it publishes a further notice for public comment of its proposed
finding of no significant hazards consideration in accordance with 10
CFR 50.91 and 50.92.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to
intervene, requirements for standing, and contentions.'' Interested
persons should consult 10 CFR 2.309, which is available at the NRC's
PDR, located at O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852 (or call the PDR at 1-800-397-4209 or 301-
415-4737). The NRC regulations are also accessible online in the NRC's
Library at http://www.nrc.gov/reading-rm/adams.html.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the requestor/petitioner in the proceeding and how that
interest may be affected by the results of the proceeding. The petition
must provide the name, address, and telephone number of the requestor
or petitioner and specifically explain the reasons why the intervention
should be permitted with particular reference to the following factors:
(1) The nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (2) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings the NRC must make to support
the granting of a license amendment in response to the application. The
petition must include a concise statement of the alleged facts or
expert opinions which support the position of the requestor/petitioner
and on which the requestor/petitioner intends to rely at hearing,
together with references to the specific sources and documents on which
the requestor/petitioner intends to rely. Finally, the petition must
provide sufficient information to show that a genuine dispute exists
with the applicant on a material issue of law or fact, including
references to specific portions of the application for amendment that
the requestor/petitioner disputes and the supporting reasons for each
dispute, or, if the requestor/petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requestor's/petitioner's belief. Each contention must
be one which, if proven, would entitle the requestor/petitioner to
relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board (the Licensing Board) will set the time and
place for any prehearing conferences and evidentiary hearings, and the
appropriate notices will be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
presiding officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by July
8, 2011. The petition must be filed in accordance with the filing
instructions in Section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally-recognized Indian Tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission 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
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 such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by July 8, 2011.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final
[[Page 26773]]
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 held 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 any amendment.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, 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 participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). 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. 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
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at 301-415-1677, to request (1)
a digital identification (ID) certificate, which allows the participant
(or its counsel or representative) to digitally sign documents and
access the E-Submittal server for any proceeding in which it is
participating; and (2) advise the Secretary that the participant will
be submitting a request or petition for hearing (even in instances in
which the participant, or its counsel or representative, already holds
an NRC-issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are 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 e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 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
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, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document 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
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. 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.
Petitions for leave to intervene must be filed no later than 60
days from July 8, 2011. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted or the
[[Page 26774]]
contentions should be admitted, based on a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
Attorney for licensee: M.S. Ross, Attorney, Florida Power & Light,
P.O. Box 14000, Juno Beach, Florida 33408-0420.
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 as
defined in 10 CFR 2.4 who believes access to SUNSI is necessary to
respond to this notice may request such access. 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 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 Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, 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 e-mail
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 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
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted 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
either after a determination on standing and need for access, or after
a determination on trustworthiness and reliability, the NRC staff shall
immediately notify the requestor in writing, briefly stating the reason
or reasons for the denial.
(2) 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.
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 with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
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) 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.
Attachment 1 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 2nd day of May 2011.
[[Page 26775]]
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; (ii)
all contentions whose
formulation does not require
access to SUNSI (+25 Answers to
petition for intervention; +7
requestor/petitioner reply).
20................................... 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).
25................................... If NRC staff finds no ``need'' or
no likelihood of standing, the
deadline for requestor/
petitioner to file a motion
seeking a ruling to reverse the
NRC staff's denial of access;
NRC staff files copy of access
determination with the presiding
officer (or Chief Administrative
Judge or other designated
officer, as appropriate). If NRC
staff finds ``need'' for SUNSI,
the deadline for any party to
the proceeding whose interest
independent of the proceeding
would be harmed by the release
of the information to file a
motion seeking a ruling to
reverse the NRC staff's grant of
access.
30................................... Deadline for NRC staff reply to
motions to reverse NRC staff
determination(s).
40................................... (Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to
complete information processing
and file motion for Protective
Order and draft Non-Disclosure
Affidavit. Deadline for
applicant/licensee to file Non-
Disclosure Agreement for SUNSI.
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
hearing or opportunity for
hearing), 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. 2011-11222 Filed 5-6-11; 8:45 am]
BILLING CODE 7590-01-P