66318 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 

for Docket ID NRC–2016–0268. Address 

questions about NRC dockets to 

Krupskaya Castellon; telephone: 301– 

287–9221; email: Krupskaya.Castellon@

nrc.gov. For technical questions, contact 

the individuals listed in the FOR

FURTHER INFORMATION CONTACT section of 

this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Document collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced in this 

notice (if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. Revision 2 to 

Regulatory Guide 3.54 and the 

regulatory analysis may be found in 

ADAMS under Accession No. 

ML18228A808 and ML16139A219 

respectively. 

• 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. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

Alexis Sotomayor-Rivera, Office of 

Nuclear Material Safety and Safeguards, 

telephone: 301–415–7265; email: 

Alexis.Sotomayor-Rivera@nrc.gov and 

Harriet Karagiannis, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–2493; email: Harriet.Karagiannis@

nrc.gov. Both are staff of the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC is issuing a revision to an 

existing guide in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe and make 

available to the public information 

regarding methods that are acceptable to 

the NRC staff for implementing specific 

parts of the agency’s regulations, 

techniques that the NRC staff uses in 

evaluating specific issues or postulated 

events, and data that the NRC staff 

needs in its review of applications for 

permits and licenses. 

Revision 2 of RG 3.54 was issued with 

a temporary identification of Draft 

Regulatory Guide, DG–3050, to provide 

methods that are acceptable to the NRC 

staff for calculating spent nuclear fuel 

heat generation rates for use as design 

input for an independent spent fuel 

storage installation (ISFSI). 

This revision also presents an up-todate methodology for determining heat 

generation rates for both pressurizedwater reactor (PWR) and boiling-water 

reactor (BWR) fuel and provides greater 

flexibility (fewer restrictions) than 

previous versions of this guide. It allows 

the loading of higher burnup fuel by 

using more accurate methods for decay 

heat calculations by covering a wider 

range of fuel characteristics, including 

operating history. 

II. Additional Information 

The NRC published a notice of the 

availability of DG–3050 in the Federal 

Register on December 23, 2016 (81 FR 

94431), for a 60 day public comment 

period. The public comment period 

closed on February 21, 2017. Public 

comments on DG–3050 and the staff 

responses to the public comments are 

available under ADAMS under 

Accession No. ML18228A811. 

III. Congressional Review Act 

This RG is a rule as defined in the 

Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a major rule as defined in the 

Congressional Review Act. 

IV. Backfitting and Issue Finality 

This RG will provide guidance to 

applicants and licensees subject to Title 

10 of the Code of Federal Regulations 

(CFR) Part 72, including applicants and 

holders of Certificates of Compliance 

(CoC), with respect to determining heat 

generation rates for spent fuel. Issuance 

of this RG will not constitute backfitting 

as defined in in 10 CFR 72.62(a), which 

is applicable to ISFSIs. Issuance of the 

RG will not constitute backfitting under 

10 CFR 50.109, or otherwise be 

inconsistent with the issue finality 

provisions in 10 CFR part 52. The staff’s 

position is based upon the following 

considerations. 

1. The RG positions describe a 

methodology acceptable to the NRC 

staff, and expressly states that current 

licensees may continue to use guidance 

the NRC found acceptable for complying 

with the identified regulations as long 

as the licensee does not initiate, as a 

voluntary matter, a change to its current 

licensing basis. Thus, the guidance will 

not constitute backfitting as defined in 

10 CFR 72.62(a). 

2. The NRC has no intention of 

imposing the positions in the RG on 

existing CoCs, ISFSI or nuclear power 

plant licenses either now or in the 

future (absent a voluntary request for 

change from the licensee). 

3. The matters addressed in the RG 

apply equally to both specific licensees 

under Part 72 as well as general 

licensees under who hold ISFSI 

licensees by virtue of their status as 

holders of Part 50 operating licenses or 

as holders of Part 52 combined licenses. 

4. Backfitting and issue finality do 

not—with limited exceptions not 

applicable here—protect current or 

future applicants. Applicants and 

potential applicants are not, with 

certain exceptions, protected by the 

backfitting provisions in 10 CFR 72.62. 

This is because the backfitting 

provisions in Part 72 were not intended 

to apply to every NRC action which 

substantially changes the expectations 

of current and future applicants. 

Dated at Rockville, Maryland, this 19th day 

of December 2018. 

For the Nuclear Regulatory Commission. 

Thomas H. Boyce, 

Chief, Regulatory Guidance and Generic 

Issues Branch, Division of Engineering, Office 

of Nuclear Regulatory Research. 

[FR Doc. 2018–27931 Filed 12–21–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–250 and 50–251; NRC– 

2018–0276] 

Florida Power & Light Company; 

Turkey Point Nuclear Generating Unit 

Nos. 3 and 4 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment application; 

opportunity to comment, request a 

hearing, and petition for leave to 

intervene; order imposing procedures. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of amendments to Renewed 

Facility Operating License Nos. DPR–31 

and DPR–41, issued to Florida Power & 

Light Company, for operation of Turkey 

Point Nuclear Generating Unit Nos. 3 

and 4, respectively. The proposed 

amendments would modify Paragraph 

3.D, ‘‘Transition License Conditions,’’ of 

the Renewed Facility Operating 

Licenses to delete Implementation Item 

22. For this license amendment request 

(LAR), the NRC proposes to determine 

that it involves no significant hazards 

consideration. Because this LAR 

contains sensitive unclassified nonsafeguards information (SUNSI), an 

order imposes procedures to obtain 


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access to SUNSI for contention 

preparation. 

DATES: Submit comments by January 25, 

2019. Requests for a hearing or petition 

for leave to intervene must be filed by 

February 25, 2019. Any potential party 

as defined in § 2.4 of title 10 of the Code 

of Federal Regulations (10 CFR), who 

believes access to SUNSI is necessary to 

respond to this notice must request 

document access by January 7, 2019. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID INSERT: NRC–2018–0276. 

Address questions about Docket IDs in 

Regulations.gov to Krupskaya Castellon; 

telephone: 301–287–9221; email: 

Krupskaya.Castellon@nrc.gov. For 

technical questions, contact the 

individual(s) listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Mail comments to: May Ma, Office 

of Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Michael Wentzel, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington DC 

20555–0001; telephone: 301–415–6459, 

email: michael.wentzel@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2018– 

0276 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0276. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ‘‘License Amendment 

Request 265, Revise NFPA [National 

Fire Protection Association] 805 License 

Condition for Reactor Coolant Pump 

[RCP] Seals,’’ ‘‘Requested Approval for 

License Amendment Request 265, 

Revise NFPA 805 License Condition for 

Reactor Coolant Pump Seals,’’ and 

‘‘Supplement to License Amendment 

Request 265, Revise NFPA 805 License 

Condition for Reactor Coolant Pump 

Seals’’ are available in ADAMS under 

Accession Nos. ML18292A842, 

ML18297A032, and ML18338A053, 

respectively. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2018– 

0276 in your comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at http://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Introduction 

The NRC is considering issuance of 

amendments to Renewed Facility 

Operating License Nos. DPR–31 and 

DPR–41, issued to Florida Power & 

Light Company, for operation of Turkey 

Point Nuclear Generating Unit Nos. 3 

and 4, respectively, located in MiamiDade County, Florida. 

The proposed amendments would 

modify Paragraph 3.D, ‘‘Transition 

License Conditions,’’ of the Renewed 

Facility Operating Licenses to delete 

Implementation Item 22. Deletion of 

Implementation Item 22 would 

eliminate the reliance on the Flowserve 

RCP Seal Topical Report as a condition 

of transition to an NFPA 805-based fireprotection program. 

Before any issuance of the proposed 

license amendment, the NRC will need 

to make the findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and NRC’s regulations. 

The NRC has made a proposed 

determination that the LAR involves no 

significant hazards consideration. Under 

the NRC’s regulations 10 CFR 50.92 

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. 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 proposed change removes the 

Flowserve RCP Seal Topical Report 

Implementation Item 22 from Table S–3 and 

from the NFPA 805 Transition License 

Condition. This change revises the 

Probabilistic Risk Assessment (PRA) credit 

for RCP seals by using the guidance from 

WCAP–16175–P–A instead of the guidance 

from the Flowserve topical report. The 

WCAP–16175–P–A guidance reduced the 

time available to trip the RCPs in the event 

of a complete loss of RCP seal cooling and 

resulted in increased human error 

probabilities associated with failures to trip 

the RCPs within the allowed time. In 

addition, WCAP–16175–P–A guidance 

increased the RCP seal failure probabilities. 

The proposed change has been reviewed 

using the fire PRA model that was approved 

as part of Turkey Point’s transition to NFPA 

805. The results, which showed a small 

increase in plant risk, were found to be 

acceptable. Fire protection defense-in-depth 

and adequate safety margins are maintained 

with the changes proposed in this LAR. 

As such, the proposed change cannot be an 

initiator of any previously evaluated 

accident, increase its likelihood or increase 

the likelihood of a malfunction of equipment 

required by NFPA 805 or supported 

equipment. Other than a reduced time 

available to trip the RCPs (in the event of a 

complete loss of RCP seal cooling) and the 

use of revised RCP seal failure probabilities, 

the proposed change to the manner in which 

the PRA credits RCP seals will not affect how 

the plants are designed or operated. The 

plants will continue to operate within the 

parameters assumed in applicable accident 

analyses. Hence no impact on the 

consequences of any previously evaluated 

accident will result from the proposed 

change. 

Therefore, facility operation in accordance 

with the proposed changes would not 


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involve a significant increase in the 

probability or consequences of an accident 

previously evaluated. 

2. Does the proposed change create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

The proposed change removes the 

Flowserve RCP Seal Topical Report 

Implementation Item 22 from Table S–3 and 

from the NFPA 805 Transition License 

Condition. This change revises the PRA 

credit for RCP seals by using the guidance 

from WCAP–16175–P–A instead of the 

guidance from the Flowserve topical report. 

The proposed change has been reviewed in 

the fire PRA model that was approved as part 

of Turkey Point’s transition to NFPA 805 and 

the results were found to be acceptable. Fire 

protection defense-in-depth and adequate 

safety margins are maintained with the 

changes proposed in this LAR. 

Other than a reduced time available to trip 

the RCPs (in the event of a complete loss of 

RCP seal cooling) and the use of revised RCP 

seal failure probabilities as described above, 

the proposed changes do not modify the 

manner in which the plants are designed or 

operated and thereby cannot introduce new 

failure modes, impact existing plant 

equipment in a manner not previously 

evaluated or initiate a new type of 

malfunction or accident. The proposed 

change will result in the revision of certain 

PRA probability values and as such, cannot 

adversely affect the ability of the plants to 

perform as originally designed, including 

their capability to withstand a worst case 

single failure. 

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 change involve a 

significant reduction in a margin of safety? 

Response: No. 

The proposed change removes the 

Flowserve RCP Seal Topical Report 

Implementation Item 22 from Table S–3 and 

from the NFPA 805 Transition License 

Condition. This change revises the PRA 

credit for RCP seals by using the guidance 

from WCAP–16175–P–A instead of the 

guidance from the Flowserve topical report. 

The proposed change has been reviewed in 

the fire PRA model that was approved as part 

of Turkey Point’s transition to NFPA 805 and 

the results were found to be acceptable. Fire 

protection defense-in-depth and adequate 

safety margins are maintained with the 

changes proposed in this LAR. 

The proposed change does not modify any 

setpoints for which protective actions 

associated with accident detection or 

mitigation are initiated. Other than a reduced 

time available to trip the RCPs (in the event 

of a complete loss of RCP seal cooling) and 

the use of revised RCP seal failure 

probabilities as described above, the 

proposed change does not affect the design 

of plant equipment nor the manner in which 

the plant is operated. The proposed change 

cannot adversely impact any Turkey Point 

safety limits or limiting safety settings. 

Therefore, operation of the facility in 

accordance with the proposed change will 

not involve a significant reduction in the 

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 LAR 

involves a no significant hazards 

consideration. 

The NRC is seeking public comments 

on this proposed determination that the 

LAR involves no significant hazards 

consideration. 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 notice period if the Commission 

concludes 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 in the Federal Register a 

notice of issuance. 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. 

III. Opportunity To Request a Hearing 

and Petition for Leave To Intervene 

Within 60 days after the date of 

publication of this notice, any persons 

(petitioner) whose interest may be 

affected by this action may file a request 

for a hearing and petition for leave to 

intervene (petition) with respect to the 

action. Petitions shall be filed in 

accordance with the Commission’s 

‘‘Agency Rules of Practice and 

Procedure’’ in 10 CFR part 2. Interested 

persons should consult a current copy 

of 10 CFR 2.309. The NRC’s regulations 

are accessible electronically from the 

NRC Library on the NRC’s website at 

http://www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of 

the regulations is available at the NRC’s 

Public Document Room, located at One 

White Flint North, Room O1–F21, 11555 

Rockville Pike (First Floor), Rockville, 

Maryland 20852. If a petition is filed, 

the Commission or a presiding officer 

will rule on the petition and, if 

appropriate, a notice of a hearing will be 

issued. 

As required by 10 CFR 2.309(d) the 

petition should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements for 

standing: (1) The name, address, and 

telephone number of the petitioner; (2) 

the nature of the petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the petitioner’s property, financial, or 

other interest in the proceeding; and (4) 

the possible effect of any decision or 

order which may be entered in the 

proceeding on the petitioner’s interest. 

In accordance with 10 CFR 2.309(f), 

the petition must also set forth the 

specific contentions which the 

petitioner seeks to have litigated in the 

proceeding. Each contention must 

consist of a specific statement of the 

issue of law or fact to be raised or 

controverted. In addition, the petitioner 

must provide a brief explanation of the 

bases for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner must also 

provide references to the specific 

sources and documents on which the 

petitioner intends to rely to support its 

position on the issue. The petition must 

include sufficient information to show 

that a genuine dispute exists with the 

applicant or licensee on a material issue 

of law or fact. Contentions must be 

limited to matters within the scope of 

the proceeding. The contention must be 

one which, if proven, would entitle the 

petitioner to relief. A petitioner who 

fails to satisfy the requirements at 10 

CFR 2.309(f) with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene. Parties have the opportunity 

to participate fully in the conduct of the 

hearing with respect to resolution of 

that party’s admitted contentions, 

including the opportunity to present 

evidence, consistent with the NRC’s 

regulations, policies, and procedures. 

Petitions must be filed no later than 

60 days from the date of publication of 

this notice. Petitions and motions for 

leave to file new or amended 

contentions that are filed after the 

deadline will not be entertained absent 

a determination by the presiding officer 

that the filing demonstrates good cause 

by satisfying the three factors in 10 CFR 


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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 LAR 

involves no significant hazards 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

would take place after issuance of the 

amendment. If the final determination is 

that the LAR 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 Federallyrecognized 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, Federallyrecognized 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. 

IV. 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 EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the internet, or in some 

cases to mail copies on electronic 

storage media. Detailed guidance on 

making electronic submissions may be 

found in the Guidance for Electronic 

Submissions to the NRC and on the NRC 

website at http://www.nrc.gov/site-help/ 

e-submittals.html. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to (1) request a digital 

identification (ID) certificate, which 

allows the participant (or its counsel or 

representative) to digitally sign 

submissions and access the E-Filing 

system for any proceeding in which it 

is participating; and (2) advise the 

Secretary that the participant will be 

submitting a petition or other 

adjudicatory document (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for the hearing in this proceeding 

if the Secretary has not already 

established an electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public website at http://

www.nrc.gov/site-help/e-submittals/ 

getting-started.html. Once a participant 

has obtained a digital ID certificate and 

a docket has been created, the 

participant can then submit 

adjudicatory documents. Submissions 

must be in Portable Document Format 

(PDF). Additional guidance on PDF 

submissions is available on the NRC’s 

public website at http://www.nrc.gov/ 

site-help/electronic-sub-ref-mat.html. A 

filing is considered complete at the time 

the document is submitted through the 

NRC’s E-Filing system. To be timely, an 

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. Eastern Time on the due date. 

Upon receipt of a transmission, the EFiling system time-stamps the document 

and sends the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed so that they can 

obtain access to the documents via the 

E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

on the NRC’s public website at http://

www.nrc.gov/site-help/esubmittals.html, by email to 

MSHD.Resource@nrc.gov, or by a tollfree 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 


amozie on DSK3GDR082PROD with NOTICES1
66322 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 

1While 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. 

2Any motion for Protective Order or draft NonDisclosure 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. 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket which is 

available to the public at https://

adams.nrc.gov/ehd, unless excluded 

pursuant to an order of the Commission 

or the presiding officer. If you do not 

have an NRC-issued digital ID certificate 

as described above, click cancel when 

the link requests certificates and you 

will be automatically directed to the 

NRC’s electronic hearing dockets where 

you will be able to access any publicly 

available documents in a particular 

hearing docket. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

personal phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. For example, in some 

instances, individuals provide home 

addresses in order to demonstrate 

proximity to a facility or site. With 

respect to copyrighted works, except for 

limited excerpts that serve the purpose 

of the adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

For further details with respect to this 

action, see the application for license 

amendment dated October 17, 2018, as 

supplemented on October 24, 2018. 

Attorney for licensee: Debbie Hendell, 

Managing Attorney—Nuclear, Florida 

Power & Light Company, 700 Universe 

Blvd. MS LAW/JB, Juno Beach, Florida 

33408–0420. 

NRC Branch Chief: Undine Shoop. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI). 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI is necessary to respond to this 

notice may request access to SUNSI. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI 

submitted later than 10 days after 

publication of this notice will not be 

considered absent a showing of good 

cause for the late filing, addressing why 

the request could not have been filed 

earlier. 

C. The requester shall submit a letter 

requesting permission to access SUNSI 

to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Deputy 

General Counsel for Hearings and 

Administration, Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. The expedited delivery or courier 

mail address for both offices is: U.S. 

Nuclear Regulatory Commission, 11555 

Rockville Pike, Rockville, Maryland 

20852. The email address for the Office 

of the Secretary and the Office of the 

General Counsel are Hearing.Docket@

nrc.gov and 

RidsOgcMailCenter.Resource@nrc.gov, 

respectively.1 The request must include 

the following information: 

(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. 

F. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI must be filed by the requestor no 

later than 25 days after receipt of (or 

access to) that information. However, if 

more than 25 days remain between the 

petitioner’s receipt of (or access to) the 

information and the deadline for filing 

all other contentions (as established in 

the notice of hearing or opportunity for 

hearing), the petitioner may file its 

SUNSI contentions by that later 

deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff after a 

determination on standing and requisite 

need, the NRC staff shall immediately 

notify the requestor in writing, briefly 

stating the reason or reasons for the 

denial. 

(2) The requester may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: (a) 

The presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

(3) Further appeals of decisions under 

this paragraph must be made pursuant 

to 10 CFR 2.311. 

H. Review of Grants of Access. A 

party other than the requester may 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 66323 

3Requesters 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. 

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

I. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI, and motions for protective 

orders, in a timely fashion in order to 

minimize any unnecessary delays in 

identifying those petitioners who have 

standing and who have propounded 

contentions meeting the specificity and 

basis requirements in 10 CFR part 2. 

The attachment to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 18th day 

of December, 2018. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

Attachment 1—General Target 

Schedule for Processing and Resolving 

Requests for Access to Sensitive 

Unclassified Non-Safeguards 

Information in This Proceeding 

Day Event/activity 

0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: 

Supporting the standing of a potential party identified by name and address; describing the need for the information in order 

for the potential party to participate meaningfully in an adjudicatory proceeding. 

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for 

access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 

25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling 

to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief 

Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any 

party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to 

file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure 

Agreement for SUNSI. 

A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access 

to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a 

final adverse determination by the NRC staff. 

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. 

A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days 

remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as

established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its

SUNSI contentions by that later deadline. 

A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. 

A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 ............. Decision on contention admission. 

[FR Doc. 2018–27844 Filed 12–21–18; 8:45 am] 

BILLING CODE 7590–01–P 

RAILROAD RETIREMENT BOARD 

Proposed Collection; Comment 

Request 

SUMMARY: In accordance with the 

requirement of Section 3506(c)(2)(A) of 

the Paperwork Reduction Act of 1995 

which provides opportunity for public 

comment on new or revised data 

collections, the Railroad Retirement 

Board (RRB) will publish periodic 

summaries of proposed data collections. 

Comments are invited on: (a) Whether 

the proposed information collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information has practical 

utility; (b) the accuracy of the RRB’s 

estimate of the burden of the collection 

of the information; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden related to 

the collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 


amozie on DSK3GDR082PROD with NOTICES1