[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Pages 5816-5822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01445]
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NUCLEAR REGULATORY COMMISSION
[NRC-2015-0007]
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; opportunity to comment, request a
hearing, and petition for leave to intervene; order.
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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 Catawba Nuclear Station, Units 1 and 2; McGuire
Nuclear Station, Units 1 and 2; Oconee Nuclear Station, Units 1, 2, and
3; Perry Nuclear Plant, Unit 1; and Browns Ferry Nuclear Plant, Unit 2.
The NRC proposes to determine that each amendment request involves no
significant hazards consideration. In addition, each amendment request
contains sensitive unclassified non-safeguards information (SUNSI).
DATES: Comments must be filed by March 2, 2015. A request for a hearing
must be filed by March 31, 2015. 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 February 9, 2015.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0007. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: 3WFN-06-A44M, 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: Mable A. Henderson, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-3760, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0007 when contacting the NRC
about the availability of information regarding this document. You may
obtain publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0007.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
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-2015-0007, facility name, unit
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. The NRC posts all comment submissions at http://www.regulations.gov as well as entering 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 submissions 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
[[Page 5817]]
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 should 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. Should the
Commission take 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. Should the Commission make 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
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel, will rule on the request and/or
petition; and the Secretary or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/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 requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at 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
requestor/petitioner shall 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 requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements 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,
and have the opportunity to participate fully in the conduct of the
hearing.
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 decide 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 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 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.
B. 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's 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 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 request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
[[Page 5818]]
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/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency'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's
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's 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 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
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 NRC'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's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC 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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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 the date of publication of this notice. Requests for hearing,
petitions for leave to intervene, and motions for leave to file new or
amended contentions that are filed after the 60-day 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)-(iii).
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly
available documents created or received at the NRC are accessible
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there
are problems in accessing the documents located in ADAMS, contact the
PDR's Reference staff at 1-800-397-4209, 301-415-4737, or by email to
[email protected].
Duke Energy Carolinas, LLC, Docket Nos. 50-413 and 50-414, Catawba
Nuclear Station, Units 1 and 2, York County, South Carolina; Docket
Nos. 50-369 and 50-370, McGuire Nuclear Station, Units 1 and 2,
Mecklenburg County, North Carolina; and 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: November 6, 2014. A publicly-available
version is in ADAMS under Accession No. ML14314A041.
Description of amendment request: This amendment request contains
[[Page 5819]]
sensitive unclassified non-safeguards information (SUNSI). The
amendment would revise the completion date for Milestone 8 of the Cyber
Security Plan (CSP) for the subject 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 change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The amendment proposes a change to Milestone 8 schedule date, as
set forth in the Cyber Security Plan (CSP) implementation schedule.
The revision of the schedule date for the CSP does not involve
modifications to any safety related structures, systems, or
components (SSCs). Rather, the implementation schedule provides a
timetable for fully implementing the CSP. The CSP describes how the
requirements of [Title 10 of the Code of Federal Regulations (10
CFR), Section] 73.54 are to be implemented to identify, evaluate,
and mitigate cyber-attacks up to and including the design basis
cyber-attack threat, thereby achieving high assurance that the
facility digital computer and communications systems and networks
are protected from cyber-attacks. The revision of the CSP
implementation schedule will not alter previously evaluated design
basis accident analysis assumptions, add any accident initiators,
modify the function of the plant safety related SSCs, or affect how
any plant safety-related SSCs are operated, maintained, modified,
tested, or inspected. Further, based on the efforts accomplished to
date in implementing CSP Milestones 1 through 7, Duke Energy
believes that the proposed schedule change will have no adverse
effect on safety.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously analyzed.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The amendment proposes a change to the Milestone 8 schedule
date, as set forth in the [CSP] implementation schedule. The
implementation of the [CSP] does not introduce new equipment that
could create a new or different kind of accident, and no new
equipment failure modes are created. No new accident scenarios,
failure mechanisms, or limiting single failures are introduced as a
result of this proposed amendment. Further based on the efforts
accomplished to date in implementing CSP Milestones 1 through 7,
Duke Energy believes that the proposed schedule will have no adverse
effect on safety.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in
the margin of safety?
Response: No.
Plant safety margins are established through limiting conditions
for operation, limiting safety settings, and safety limits specified
in the technical specifications. The proposed change revises the
[CSP] implementation schedule. Because there is no change to these
established safety margins as a result of this change, the proposed
change does not involve a significant reduction in a margin of
safety. 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: Lara S. Nichols, Associate General Counsel,
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte,
North Carolina 28202.
NRC Branch Chief: Robert J. Pascarelli.
FirstEnergy Nuclear Operating Company, Docket No. 50-440, Perry Nuclear
Power Plant, Unit 1, Lake County, Perry, Ohio
Date of amendment request: September 12, 2014. A publicly-available
version is in ADAMS under Accession No. ML14289A119.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment would revise the Technical Specification (TS) safety limit
minimum critical power ratio (SLMCPR) during single recirculation loop
operation value to support the use of Global Nuclear Fuel-2 fuel
following the next refueling outage.
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 SLMCPR value will continue to ensure that during
normal operation and anticipated operational occurrences, at least
99.9 percent of the fuel rods in the core do not experience
transition boiling if the limit is not violated, thereby preserving
the fuel cladding integrity. The proposed TS change does not involve
any modifications or operational changes to structures, systems, or
components (SSC). The proposed TS change does not affect any
postulated accident precursors, does not affect any accident
mitigating systems, does not introduce any new accident initiation
mechanisms, and does not affect the consequences of any postulated
accident.
Therefore, the proposed TS change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed TS change does not involve any modifications or
operational changes to any SSC. No new modes of plant operation are
created. The proposed TS change does not introduce any new accident
initiation mechanisms.
Therefore, the proposed TS change does not create the
possibility of a new or different kind of accident from any
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed SLMCPR value continues to ensure that during normal
operation and during anticipated operational occurrences, at least
99.9 percent of all fuel rods in the core do not experience
transition boiling if the limit is not violated, thereby preserving
the fuel cladding integrity. The proposed TS change does not involve
modifications or operational changes that could adversely affect the
function or performance of an SSC. The proposed TS change does not
affect any postulated accident precursors, does not affect any
accident mitigating systems, does not introduce any new accident
initiation mechanisms and does not affect the consequences of any
postulated accident.
Therefore, the proposed TS 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: David W. Jenkins, Attorney, FirstEnergy
Corporation, Mail Stop. A-GO-15, 76 South Main Street, Akron, Ohio
44308.
NRC Branch Chief: Travis L. Tate.
Tennessee Valley Authority (TVA), Docket No. 50-260, Browns Ferry
Nuclear Plant (BFN), Unit 2, Limestone County, Alabama
Date of amendment request: June 19, 2014. A publicly-available
version is in ADAMS under Accession No. ML14175A307, as supplemented by
letter dated December 2, 2014 (publicly-available version is in ADAMS
under Accession No. ML14336A691).
[[Page 5820]]
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
license amendment would revise the Technical Specifications (TSs) for
Limiting Condition for Operation (LCO) 3.4.9, ``RCS [Reactor Coolant
System] Pressure and Temperature (P/T) Limits.'' The TVA submitted this
license amendment request to satisfy a commitment to prepare and submit
revised BFN Unit 2 P/T limits prior to the start of the period of
extended operation, as discussed in Section 4.2.5 provided in ``Browns
Ferry Nuclear Plant (BFN)--Units 1, 2 and 3--Application for Renewed
Operating Licenses,'' dated December 31, 2003 (ADAMS Accession No.
ML040060359).
Specifically, the proposed change replaces the current sets of TS
Figures 3.4.9-1, ``Pressure/Temperature Limits for Mechanical Heatup,
Cooldown following Shutdown, and Reactor Critical Operations''; and
3.4.9-2, ``Pressure/Temperature Limits for Reactor In-Service Leak and
Hydrostatic Testing.'' The figures proposed to be replaced consist of
two sets of P/T limit curves, one set valid up to 23 effective full-
power years (EFPYs) of operation and another set valid from 23 to 30
EFPYs of operation. The proposed change replaces the current curves
with a set of figures valid for operation up to 38 EFPYs and another
set valid for operation from 38 EFPYs to 48 EFPYs.
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 any accident previously
evaluated?
Response: No.
The proposed changes are accepted operating parameters that have
been approved in previous license amendments. The changes to P/T
curves were developed based on NRC approved methodologies. The
proposed changes deal exclusively with the reactor vessel P/T
curves, which define the permissible regions for operation and
testing. Failure of the reactor vessel is not considered as a design
basis accident. Through the design conservatisms used to calculate
the P/T curves, reactor vessel failure has a low probability of
occurrence and is not considered in the safety analyses. The
proposed changes adjust the reference temperature for the limiting
material to account for irradiation effects and provide the same
level of protection as previously evaluated and approved.
The adjusted reference temperature calculations were performed
in accordance with the requirements of 10 CFR 50 Appendix G using
the guidance contained in Regulatory Guide 1.190, ``Calculational
and Dosimetry Methods for Determining Pressure Vessel Neutron
Fluence,'' to reflect use of the operating limits to no more than 48
Effective Full Power Years (EFPY). These changes do not alter or
prevent the operation of equipment required to mitigate any accident
analyzed in the BFN Final Safety Analysis Report. Therefore, the
proposed change does not involve a significant increase in the
probability or consequences of an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed changes are accepted operating parameters that have
been approved in previous license amendments. The changes to P/T
curves were developed based on NRC approved methodologies. The
proposed changes to the reactor vessel P/T curves do not involve a
modification to plant equipment. No new failure modes are
introduced. There is no effect on the function of any plant system,
and no new system interactions are introduced by this change.
Therefore, the proposed change does not create the possibility of a
new or different kind of accident from any previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed changes are accepted operating parameters that have
been approved in previous license amendments. The changes to P/T
curves were developed based on NRC approved methodologies. The
proposed curves conform to the guidance contained in Regulatory
Guide 1.190, ``Calculational and Dosimetry Methods for Determining
Pressure Vessel Neutron Fluence,'' and maintain the safety margins
specified in 10 CFR 50 Appendix G. 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: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, 6A West Tower, Knoxville, Tennessee 37902.
Acting NRC Branch Chief: Lisa M. Regner.
Duke Energy Carolinas, LLC, Docket Nos. 50-413 and 50-414, Catawba
Nuclear Station, Units 1 and 2, York County, South Carolina; Docket
Nos. 50-369 and 50-370, McGuire Nuclear Station, Units 1 and 2,
Mecklenburg County, North Carolina; and Docket Nos. 50-269, 50-270, and
50-287, Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South
Carolina
FirstEnergy Nuclear Operating Company, Docket No. 50-440, Perry Nuclear
Power Plant, Unit 1, Lake County, Perry, Ohio
Tennessee Valley Authority, Docket No. 50-260, Browns Ferry Nuclear
Plant, Unit 2, Limestone County, Alabama, 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 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 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 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 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 email
address for the Office of the Secretary and the Office of the General
Counsel are [email protected] and [email protected],
respectively.\1\
[[Page 5821]]
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
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.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
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 need for access, 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) officer if that officer has been
designated to rule on information access issues.
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 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\ Requesters 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 21 day of January, 2015.
For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting, 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).
[[Page 5822]]
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
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. 2015-01445 Filed 2-2-15; 8:45 am]
BILLING CODE 7590-01-P