Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices 1545 

1. Is the proposed collection of 

information necessary for the NRC to 

properly perform its functions? Does the 

information have practical utility? 

2. Is the estimate of the burden of the 

information collection accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection on respondents 

be minimized, including the use of 

automated collection techniques or 

other forms of information technology? 

Dated: January 4, 2021. 

For the Nuclear Regulatory Commission. 

David C. Cullison, 

NRC Clearance Officer, Office of the Chief 

Information Officer. 

[FR Doc. 2021–00077 Filed 1–7–21; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–391; NRC–2020–0281] 

Tennessee Valley Authority, Watts Bar 

Nuclear Plant, Unit 2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment request; 

opportunity to provide 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 an amendment to Facility 

Operating License No. NPF–96, issued 

to Tennessee Valley Authority (TVA), 

for operation of the Watts Bar Nuclear 

Plant (Watts Bar or WBN), Unit 2. The 

proposed amendment would revise the 

Watts Bar Updated Final Safety 

Analysis Report (UFSAR) to apply 

alternate eddy current probabilities of 

detection (POD) to indications of axial 

outer diameter stress corrosion cracking 

(ODSCC) at tube support plates (TSPs) 

in the Watts Bar, Unit 2, steam 

generators for the beginning-of-cycle 

(BOC) voltage distribution in support of 

the Watts Bar, Unit 2, operational 

assessment. The proposed POD values 

will only be used until the Watts Bar, 

Unit 2, steam generators are replaced. 

For this amendment request, the NRC 

proposes to determine that it involves 

no significant hazards consideration. 

Because this amendment request 

contains sensitive unclassified nonsafeguards information (SUNSI), an 

order imposes procedures to obtain 

access to SUNSI for contention 

preparation. 

DATES: Submit comments by February 8, 

2021. Requests for a hearing or petition 

for leave to intervene must be filed by 

March 9, 2021. 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 19, 2021. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal Rulemaking website: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0281. Address 

questions about Docket IDs in 

Regulations.gov to Jennifer Borges; 

telephone: 301–287–9127; email: 

Jennifer.Borges@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Green, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

1627, email: Kimberly.Green@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2020– 

0281 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0281. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

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

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

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

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

nrc.gov. The ‘‘Expedited Application for 

Approval to Use an Alternate Method of 

Determining Probability of Detection for 

the Watts Bar Nuclear Plant, Unit 2 

Steam Generators (WBN TS–391–20– 

024),’’ is available in ADAMS under 

Accession No. ML20358A141. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 1– 

800–397–4209 or 301–415–4737, 

between 8:00 a.m. and 4:00 p.m. Eastern 

Standard Time (EST), Monday through 

Friday, except Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal Rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2020–0281 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 https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Introduction 

The NRC is considering issuance of an 

amendment to Facility Operating 

License No. NPF–96, issued to TVA, for 

operation of the Watts Bar Nuclear 

Plant, Unit 2, located in Rhea County, 

Tennessee. 

The proposed amendment would 

revise the Watts Bar UFSAR to apply 

alternate POD values to indications of 

axial ODSCC at TSPs in the Watts Bar, 

Unit 2, steam generators for the BOC 

voltage distribution in support of the 

Watts Bar, Unit 2, operational 

assessment until the steam generators 

are replaced. 

Before any issuance of the proposed 

license amendment, the NRC will need 

to make the findings required by the 


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1546 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices 

Atomic Energy Act of 1954, as amended 

(the Act), and NRC’s regulations. 

The NRC has made a proposed 

determination that the license 

amendment request involves no 

significant hazards consideration. Under 

the NRC’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. As required by 10 CFR 

50.91(a), the licensee has provided its 

analysis of the issue of no significant 

hazards consideration, which is 

presented below: 

1. Does the proposed amendment involve 

a significant increase in the probability or 

consequence of an accident previously 

evaluated? 

Response: No. 

The use of the alternate POD values for the 

bobbin indications measuring ≥3.2 volts for 

the BOC voltage distribution for the WBN, 

Unit 2 OA [operational assessment] does not 

pose a significant increase in the probability 

of a steam generator tube rupture (SGTR) 

event. Based on industry and plant specific 

bobbin detection data for ODSCC within the 

SG [steam generator] TSP region, large 

voltage bobbin indications can be detected 

with a POD greater than 0.6. Because large 

voltage ODSCC bobbin indications within the 

SG TSP can be detected, they will not be left 

in service; therefore, these indications should 

not be included in the voltage distribution for 

the purpose of OA [operational assessment]. 

An eddy current POD of 0.9 to indications of 

axial ODSCC at TSP with bobbin voltage 

amplitudes of ≥3.2 volts, but <6.0 volts and 

a POD of 0.95 to indications of ≥6.0 volts in 

the WBN, Unit 2 SG for the BOC voltage 

distribution is justified. The use of the 

proposed step change POD methodology 

offers no significant increase in steam line 

break (SLB) tube burst probability because it 

will be utilized in conjunction with the GL 

[Generic Letter] 95–05 methodology that 

predicts a conservative operational cycle in 

terms of effective full power days in 

compliance with the acceptance criteria for 

tube burst in the faulted SG. 

Therefore, TVA concludes that this 

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 use of the alternate POD values for the 

limited number of bobbin indications for 

WBN, Unit 2 for the BOC voltage distribution 

for the WBN, Unit 2 OA [operational 

assessment] concerns the SG tubes and can 

only affect the SGTR accident. Because the 

SGTR accident is already considered in the 

UFSAR, there in [is] no possibility to create 

a design basis accident, which has not, been 

previously evaluated. 

Therefore, TVA concludes that this 

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 use of the alternate POD values for the 

limited number of bobbin indications for 

WBN, Unit 2 for the BOC voltage distribution 

for the WBN, Unit 2 OA does not involve a 

significant reduction in a margin of safety. 

The applicable margin of safety potentially 

impacted is the WBN, Unit 2 TS [Technical 

Specification] 5.9.9 projected end-of-cycle 

leakage for a main steam line break (MSLB) 

accident and the projected end-of-cycle 

probability of burst. Based on industry and 

plant specific bobbin detection data for 

ODSCC within the SG TSP region, large 

voltage bobbin indications can be detected 

and will not be left in service. Therefore, 

these indications should not be included in 

the voltage distribution for the purpose of 

operational assessments. This results in a 

reduction in numbers of larger indications 

potentially left in service at the BOC and will 

not result in a significant increase in the 

actual end-of-cycle leakage for an MSLB 

accident or the actual end-of-cycle 

probability of burst. 

Therefore, TVA concludes that this 

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 license 

amendment request involves a no 

significant hazards consideration. 

The NRC is seeking public comments 

on this proposed determination that the 

license amendment request 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 

https://www.nrc.gov/reading-rm/doccollections/cfr/. If a petition is filed, the 

Commission or a presiding officer will 

rule on the petition and, if appropriate, 

a notice of a hearing will be issued. 

As required by 10 CFR 2.309(d), the 

petition should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements for 

standing: (1) The name, address, and 

telephone number of the petitioner; (2) 

the nature of the petitioner’s right to be 

made a party to the proceeding; (3) the 

nature and extent of the petitioner’s 

property, financial, or other interest in 

the proceeding; and (4) the possible 

effect of any decision or order which 

may be entered in the proceeding on the 

petitioner’s interest. 

In accordance with 10 CFR 2.309(f), 

the petition must also set forth the 

specific contentions that 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 that 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 


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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices 1547 

limited to matters within the scope of 

the proceeding. The contention must be 

one that, if proven, would entitle the 

petitioner to relief. A petitioner who 

fails to satisfy the requirements at 10 

CFR 2.309(f) with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene. Parties have the opportunity 

to participate fully in the conduct of the 

hearing with respect to resolution of 

that party’s admitted contentions, 

including the opportunity to present 

evidence, consistent with the NRC’s 

regulations, policies, and procedures. 

Petitions must be filed no later than 

60 days from the date of publication of 

this notice. Petitions and motions for 

leave to file new or amended 

contentions that are filed after the 

deadline will not be entertained absent 

a determination by the presiding officer 

that the filing demonstrates good cause 

by satisfying the three factors in 10 CFR 

2.309(c)(1)(i) through (iii). The petition 

must be filed in accordance with the 

filing instructions in the ‘‘Electronic 

Submissions (E-Filing)’’ section of this 

document. 

If a hearing is requested, and the 

Commission has not made a final 

determination on the issue of no 

significant hazards consideration, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to 

establish when the hearing is held. If the 

final determination is that the 

amendment request involves no 

significant hazards consideration, the 

Commission may issue the amendment 

and make it immediately effective, 

notwithstanding the request for a 

hearing. Any hearing would take place 

after issuance of the amendment. If the 

final determination is that the 

amendment request involves a 

significant hazards consideration, then 

any hearing held would take place 

before the issuance of the amendment 

unless the Commission finds an 

imminent danger to the health or safety 

of the public, in which case it will issue 

an appropriate order or rule under 10 

CFR part 2. 

A State, local governmental body, 

Federally recognized Indian Tribe, or 

agency thereof, may submit a petition to 

the Commission to participate as a party 

under 10 CFR 2.309(h)(1). The petition 

should state the nature and extent of the 

petitioner’s interest in the proceeding. 

The petition should be submitted to the 

Commission no later than 60 days from 

the date of publication of this notice. 

The petition must be filed in accordance 

with the filing instructions in the 

‘‘Electronic Submissions (E-Filing)’’ 

section of this document, and should 

meet the requirements for petitions set 

forth in this section, except that under 

10 CFR 2.309(h)(2) a State, local 

governmental body, or Federally 

recognized Indian Tribe, or agency 

thereof does not need to address the 

standing requirements in 10 CFR 

2.309(d) if the facility is located within 

its boundaries. Alternatively, a State, 

local governmental body, Federally 

recognized Indian Tribe, or agency 

thereof may participate as a non-party 

under 10 CFR 2.315(c). 

If a petition is submitted, 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 https://www.nrc.gov/sitehelp/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 https://

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

getting-started.html. Once a participant 

has obtained a digital ID certificate and 

a docket has been created, the 

participant can then submit 

adjudicatory documents. Submissions 

must be in Portable Document Format 

(PDF). Additional guidance on PDF 

submissions is available on the NRC’s 

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

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

filing is considered complete at the time 

the document is submitted through the 

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

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. (EST) on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed so that they can 

obtain access to the documents via the 

E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

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

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tkelley on DSKBCP9HB2PROD with NOTICES
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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. 

submittals.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., (EST), 

Monday through Friday, excluding 

government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing stating why there is good cause for 

not filing electronically and requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted by: (1) First class 

mail addressed to the Office of the 

Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing adjudicatory 

documents in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket, which is 

available to the public at https://

adams.nrc.gov/ehd, unless excluded 

pursuant to an order of the Commission 

or the presiding officer. If you do not 

have an NRC-issued digital ID certificate 

as described above, click ‘‘cancel’’ when 

the link requests certificates and you 

will be automatically directed to the 

NRC’s electronic hearing dockets where 

you will be able to access any publicly 

available documents in a particular 

hearing docket. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

personal phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. For example, in some 

instances, individuals provide home 

addresses in order to demonstrate 

proximity to a facility or site. With 

respect to copyrighted works, except for 

limited excerpts that serve the purpose 

of the adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. For further details with 

respect to this action, see the 

application for license amendment 

dated December 23, 2020. 

Attorney for licensee: Sherry Quirk, 

Executive Vice President and General 

Counsel, Tennessee Valley Authority, 

400 West Summit Hill Drive, WT 6A, 

Knoxville, TN 37902. 

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 SUNSI. 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI is necessary to respond to this 

notice may request access to SUNSI. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI 

submitted later than 10 days after 

publication of this notice will not be 

considered absent a showing of good 

cause for the late filing, addressing why 

the request could not have been filed 

earlier. 

C. The requestor shall submit a letter 

requesting permission to access SUNSI 

to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Deputy 

General Counsel for Hearings and 

Administration, Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. The expedited delivery or courier 

mail address for both offices is: U.S. 

Nuclear Regulatory Commission, 11555 

Rockville Pike, Rockville, Maryland 

20852. The email address for the Office 

of the Secretary and the Office of the 

General Counsel are 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 requestor’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention. 

D. Based on an evaluation of the 

information submitted under paragraph 

C.(3) the NRC staff will determine 

within 10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requestor has established a 

legitimate need for access to SUNSI. 

E. If the NRC staff determines that the 

requestor satisfies both D.(1) and D.(2) 

above, the NRC staff will notify the 

requestor in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requestor may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 2 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

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 


tkelley on DSKBCP9HB2PROD with NOTICES
Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices 1549 

3Requestors 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. 

SUNSI contentions by that later 

deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff after a 

determination on standing and requisite 

need, the NRC staff shall immediately 

notify the requestor in writing, briefly 

stating the reason or reasons for the 

denial. 

(2) The requestor may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: (a) 

The presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

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

been designated to rule on information 

access issues, with that officer. 

(3) Further appeals of decisions under 

this paragraph must be made pursuant 

to 10 CFR 2.311. 

H. Review of Grants of Access. A 

party other than the requestor may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed within 5 days of 

the notification by the NRC staff of its 

grant of access and must be filed with: 

(a) The presiding officer designated in 

this proceeding; (b) if no presiding 

officer has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

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

been designated to rule on information 

access issues, with that officer. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.3

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: January 5, 2021. 

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 requestor of the staff’s determination whether the request for 

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

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

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

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

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

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

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

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

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

Agreement for SUNSI. 

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

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

final adverse determination by the NRC staff. 

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

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

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

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

SUNSI contentions by that later deadline. 

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

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

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


tkelley on DSKBCP9HB2PROD with NOTICES
1550 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices 

1 15 U.S.C. 80a. 

2For example, fund directors must approve 

investment advisory and distribution contracts. See 

15 U.S.C. 80a–15(a), (b), and (c). 

3 Investment Company Act Release No. 4 (Oct. 29, 

1940) (5 FR 4316 (Oct. 31, 1940)). Note that rule 0– 

1 was originally adopted as rule N–1. 

4The relevant exemptive rules are: Rule 10f–3 (17 

CFR 270.10f–3), rule 12b–1 (17 CFR 270.12b–1), 

rule 15a–4(b)(2) (17 CFR 270.15a–4(b)(2)), rule 17a– 

7 (17 CFR 270.17a–7), rule 17a–8 (17 CFR 270.17a– 

-8), rule 17d–1(d)(7) (17 CFR 270.17d–1(d)(7)), rule 

17e–1(c) (17 CFR 270.17e–1(c)), rule 17g–1 (17 CFR 

270.17g–1), rule 18f–-3 (17 CFR 270.18f–3), and rule 

23c-3 (17 CFR 270.23c–3). 

5See Role of Independent Directors of Investment 

Companies, Investment Company Act Release No. 

24816 (Jan. 2, 2001) (66 FR 3735 (Jan. 16, 2001)). 6A ‘‘control person’’ is any person—other than a 

fund—directly or indirectly controlling, controlled 

by, or under common control, with any of the 

fund’s management organizations. See 17 CFR 

270.01(a)(6)(iv)(B). 

7Based on statistics compiled by Commission 

staff, we estimate that there are approximately 3373 

funds that could rely on one or more of the 

exemptive rules (this figure reflects the three-year 

average of open-end and closed-end funds (3,329) 

and business development companies (104)). Of 

those funds, we assume that approximately 90 

percent (3,035) actually rely on at least one 

exemptive rules annually. 

8We assume that the independent directors of the 

remaining two-thirds of those funds will choose not 

to have counsel, or will rely on counsel who has 

not recently represented the fund’s management 

organizations or control persons. In both 

circumstances, it would not be necessary for the 

fund’s independent directors to make a 

determination about their counsel’s independence. 

9The estimated hourly wages used in this PRA 

analysis were derived from the Securities Industry 

and Financial Markets Association’s Reports on 

Management and Professional Earnings in the 

Securities Industry (2013) (modified to account for 

an 1800-hour work year and multiplied by 5.35 to 

account for bonuses, firm size, employee benefits 

and overhead) (adjusted for inflation), and Office 

Salaries in the Securities Industry (2013) (modified 

to account for an 1800-hour work year and 

multiplied by 2.93 to account for bonuses, firm size, 

employee benefits and overhead) (adjusted for 

inflation). 

10 (505 × $312/hour) + (253 × $71hour) = 

$175,523. 

[FR Doc. 2021–00153 Filed 1–7–21; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–472, OMB Control No. 

3235–0531] 

Proposed Collection; Comment 

Request, Upon Written Request Copies 

Available From: Securities and 

Exchange Commission, Office of FOIA 

Services, 100 F Street NE, Washington, 

DC 20549–2736 

Extension: 

Rule 0–1 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 350l et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) plans to submit to the 

Office of Management and Budget a 

request for extension of the previous 

approved collection of information 

discussed below. 

The Investment Company Act of 1940 

(the ‘‘Act’’) 1 establishes a 

comprehensive framework for regulating 

the organization and operation of 

investment companies (‘‘funds’’). A 

principal objective of the Act is to 

protect fund investors by addressing the 

conflicts of interest that exist between 

funds and their investment advisers and 

other affiliated persons. The Act places 

significant responsibility on the fund 

board of directors in overseeing the 

operations of the fund and policing the 

relevant conflicts of interest.2

In one of its first releases, the 

Commission exercised its rulemaking 

authority pursuant to sections 38(a) and 

40(b) of the Act by adopting rule 0–1 (17 

CFR 270.0–1).3 Rule 0–1, as 

subsequently amended on numerous 

occasions, provides definitions for the 

terms used by the Commission in the 

rules and regulations it has adopted 

pursuant to the Act. The rule also 

contains a number of rules of 

construction for terms that are defined 

either in the Act itself or elsewhere in 

the Commission’s rules and regulations. 

Finally, rule 0–1 defines terms that 

serve as conditions to the availability of 

certain of the Commission’s exemptive 

rules. More specifically, the term 

‘‘independent legal counsel,’’ as defined 

in rule 0–1, sets out conditions that 

funds must meet in order to rely on any 

of ten exemptive rules (‘‘exemptive 

rules’’) under the Act.4

The Commission amended rule 0–1 to 

include the definition of the term 

‘‘independent legal counsel’’ in 2001.5

This amendment was designed to 

enhance the effectiveness of fund boards 

of directors and to better enable 

investors to assess the independence of 

those directors. The Commission also 

amended the exemptive rules to require 

that any person who serves as legal 

counsel to the independent directors of 

any fund that relies on any of the 

exemptive rules must be an 

‘‘independent legal counsel.’’ This 

requirement was added because 

independent directors can better 

perform the responsibilities assigned to 

them under the Act and the rules if they 

have the assistance of truly independent 

legal counsel. 

If the board’s counsel has represented 

the fund’s investment adviser, principal 

underwriter, administrator (collectively, 

‘‘management organizations’’) or their 

‘‘control persons’’ 6 during the past two 

years, rule 0–1 requires that the board’s 

independent directors make a 

determination about the adequacy of the 

counsel’s independence. A majority of 

the board’s independent directors are 

required to reasonably determine, in the 

exercise of their judgment, that the 

counsel’s prior or current representation 

of the management organizations or 

their control persons was sufficiently 

limited to conclude that it is unlikely to 

adversely affect the counsel’s 

professional judgment and legal 

representation. Rule 0–1 also requires 

that a record for the basis of this 

determination is made in the minutes of 

the directors’ meeting. In addition, the 

independent directors must have 

obtained an undertaking from the 

counsel to provide them with the 

information necessary to make their 

determination and to update promptly 

that information when the person begins 

to represent a management organization 

or control person, or when he or she 

materially increases his or her 

representation. Generally, the 

independent directors must re-evaluate 

their determination no less frequently 

than annually. 

Any fund that relies on one of the 

exemptive rules must comply with the 

requirements in the definition of 

‘‘independent legal counsel’’ under rule 

0–1. We assume that approximately 

3035 funds rely on at least one of the 

exemptive rules annually.7 We further 

assume that the independent directors 

of approximately one-third (1,010) of 

those funds would need to make the 

required determination in order for their 

counsel to meet the definition of 

independent legal counsel.8 We 

estimate that each of these 1,010 funds 

would be required to spend, on average, 

0.75 hours annually to comply with the 

recordkeeping requirement associated 

with this determination, for a total 

annual burden of approximately 758 

hours. Based on this estimate, the total 

annual cost for all funds’ compliance 

with this rule is approximately 

$175,523. To calculate this total annual 

cost, the Commission staff assumed that 

approximately two-thirds of the total 

annual hour burden (505 hours) would 

be incurred by a compliance manager 

with an average hourly wage rate of 

$312 per hour,9 and one-third of the 

annual hour burden (253 hours) would 

be incurred by compliance clerk with an 

average hourly wage rate of $71 per 

hour.10

These burden hour estimates are 

based upon the Commission staff’s 

experience and discussions with the 

fund industry. The estimates of average 

burden hours are made solely for the 

purposes of the Paperwork Reduction 


tkelley on DSKBCP9HB2PROD with NOTICES