[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 388-394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33182]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-424 and 50-425; NRC-2010-0389]


Southern Nuclear Operating Company; Vogtle Electric Generating 
Plant, Unit Nos. 1 and 2; Notice of Consideration of Issuance of 
Amendment to Facility Operating License, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing and 
Order Imposing Procedures for Document Access to Sensitive Unclassified 
Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission [NRC, the Commission].

ACTION: Notice of license amendment request, opportunity to comment, 
opportunity to request a hearing, and Commission Order.

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DATES: Submit comments by February 3, 2011. A request for a hearing 
must be filed by [March 7, 2011. Any potential party as defined in 
Title 10 of the Code of Federal Regulations (10 CFR) 2.4 who believes 
access to Sensitive Unclassified Non-Safeguards Information and/or 
Safeguards Information is necessary to respond to this notice must 
request document access by January 14, 2011.

ADDRESSES: Please include Docket ID NRC-2010-0389 in the subject line 
of

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your comments. Comments submitted in writing or in electronic form will 
be posted on the NRC Web site and on the Federal rulemaking Web site 
http://www.regulations.gov. Because your comments will not be edited to 
remove any identifying or contact information, the NRC cautions you 
against including any information in your submission that you do not 
want to be publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You may submit comments by any one of the following methods.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0389. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#cd8eacbfa2a1e38aaca1a1acaaa5a8bf8da3bfaee3aaa2bb"><span class="__cf_email__" data-cfemail="511230233e3d7f16303d3d3036393423113f23327f363e27">[email protected]</span></a>.
    Mail comments to: Chief, Rules, Announcements and Directives Branch 
(RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, or by fax to RADB at 
301-492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
    NRC's Public Document Room (PDR): The public may examine, and have 
copied for a fee, publicly available documents at the NRC's PDR, Room 
O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852. These documents may also be viewed electronically on 
the public computers located at the NRC's PDR at 11555 Rockville Pike, 
Rockville, Maryland 20852.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#84f4e0f6aaf6e1f7ebf1f6e7e1c4eaf6e7aae3ebf2"><span class="__cf_email__" data-cfemail="364652441844534559434455537658445518515940">[email protected]</span></a>. The application for amendment, dated November 23, 
2010 contains proprietary information and, accordingly, those portions 
are being withheld from public disclosure. A redacted version of the 
application for amendment is available electronically under ADAMS 
Accession No. ML103300241.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2010-0389.

FOR FURTHER INFORMATION CONTACT: Mr. Patrick Boyle, Project Manager, 
Plant Licensing Branch 2-1, Division of Operating Reactor Licensing, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Telephone: 301-415-3936.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License Nos. NPF-68 and NPF-81 issued to Southern Nuclear 
Operating Company (the licensee) for operation of the Vogtle Electric 
Generating Plant, Units 1 and 2 (VEGP), located in Burke County, 
Georgia.
    The proposed amendment proposes to revise VEGP Technical 
Specification (TS) 5.5.9, ``Steam Generator (SG) Program,'' to exclude 
portions of the tube below the top of the steam generator tubesheet 
from periodic steam generator tube inspections for Unit 1 during 
Refueling Outage 16 and the subsequent operating cycle and for Unit 2 
during Refueling Outage 15 and the subsequent operating cycle. In 
addition, this amendment proposes to revise TS 5.6.10, ``Steam 
Generator Tube lnspection Report'' to remove reference to previous 
interim alternate repair criteria and provide reporting requirements 
specific to the temporary alternate repair criteria.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR Section 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 change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The previously analyzed accidents are initiated by the failure 
of plant structures, systems, or components. The proposed change 
that alters the steam generator inspection criteria and the steam 
generator inspection reporting criteria does not have a detrimental 
impact on the integrity of any plant structure, system, or component 
that initiates an analyzed event. The proposed change will not alter 
the operation of, or otherwise increase the failure probability of 
any plant equipment that initiates an analyzed accident.
    Of the applicable accidents previously evaluated, the limiting 
transients with consideration to the proposed change to the steam 
generator tube inspection and repair criteria are the steam 
generator tube rupture (SGTR) event and the feedline break (FLB) 
postulated accidents.
    During the SGTR event, the required structural integrity margins 
of the steam generator tubes and the tube-to-tubesheet joint over 
the H* distance will be maintained. Tube Enclosure 1 Basis for 
Proposed Change E1-16 rupture in tubes with cracks within the 
tubesheet is precluded by the constraint provided by the tube-to-
tubesheet joint. This constraint results from the hydraulic 
expansion process, thermal expansion mismatch between the tube and 
tubesheet, and from the differential pressure between the primary 
and secondary side. Based on this design, the structural margins 
against burst, as discussed in Regulatory Guide (RG) 1.121, ``Bases 
for Plugging Degraded PWR Steam Generator Tubes,'' (Reference 10) 
are maintained for both normal and postulated accident conditions.
    The proposed change has no impact on the structural or leakage 
integrity of the portion of the tube outside of the tubesheet. The 
proposed change maintains structural integrity of the steam 
generator tubes and does not affect other systems, structures, 
components, or operational features. Therefore, the proposed change 
results in no significant increase in the probability of the 
occurrence of a SGTR accident.
    At normal operating pressures, leakage from primary water stress 
corrosion cracking below the proposed limited inspection depth is 
limited by both the tube-to-tubesheet crevice and the limited crack 
opening permitted by the tubesheet constraint. Consequently, 
negligible normal operating leakage is expected from cracks within 
the tubesheet region. The consequences of an SGTR event are affected 
by the primary-to-secondary leakage flow during the event. However, 
primary-to-secondary leakage flow through a postulated broken tube 
is not affected by the proposed changes since the tubesheet enhances 
the tube integrity in the

[[Page 390]]

region of the hydraulic expansion by precluding tube deformation 
beyond its initial hydraulically expanded outside diameter. 
Therefore, the proposed changes do not result in a significant 
increase in the consequences of a SGTR.
    The consequences of a steam line break (SLB) are also not 
significantly affected by the proposed changes. During a SLB 
accident, the reduction in pressure above the tubesheet on the shell 
side of the steam generator creates an axially uniformly distributed 
load on the tubesheet due to the reactor coolant system pressure on 
the underside of the tubesheet. The resulting bending action 
constrains the tubes in the tubesheet thereby restricting primary-
to-secondary leakage below the midplane.
    Primary-to-secondary leakage from tube degradation in the 
tubesheet area during the limiting accident (i.e., a SLB) is limited 
by flow restrictions. These restrictions result from the crack and 
tube-to-tubesheet contact pressures that provide a restricted 
leakage path above the indications and also limit the degree of 
potential crack face opening as compared to free span indications.
    The leakage factor of 2.48 for Vogtle Electric Generating Plant 
(VEGP), for a postulated SLB/FLB, has been calculated as shown in 
Revised Table 9-7 of Reference 11. Specifically, for the condition 
monitoring (CM) assessment, the component of leakage from the prior 
cycle from below the H* distance will be multiplied by a factor of 
2.48 and added to the total leakage from any other source and 
compared to the allowable accident induced leakage limit. For the 
operational assessment (OA), the difference in the leakage between 
the allowable leakage and the accident induced leakage from sources 
other than the tubesheet expansion region will be divided by 2.48 
and compared to the observed operational leakage. Enclosure 1 Basis 
for Proposed Change E1-17.
    The probability of a SLB is unaffected by the potential failure 
of a steam generator tube as the failure of the tube is not an 
initiator for a SLB event. SLB leakage is limited by leakage flow 
restrictions resulting from the leakage path above potential cracks 
through the tube-to-tubesheet crevice. The leak rate during 
postulated accident conditions (including locked rotor) has been 
shown to remain within the accident analysis assumptions for all 
axial and or circumferentially orientated cracks occurring 15.2 
inches below the top of the tubesheet. The accident induced leak 
rate limit is 1.0 gpm. The TS operational leak rate is 150 gpd (0.1 
gpm) through any one steam generator. Consequently, there is 
significant margin between accident leakage and allowable 
operational leakage. The SLB/FLB leak rate ratio is only 2.48 
resulting in significant margin between the conservatively estimated 
accident leakage and the allowable accident leakage (1.0 gpm).
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    (2) Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change that alters the steam generator inspection 
criteria and the steam generator inspection reporting criteria does 
not introduce any new equipment, create new failure modes for 
existing equipment, or create any new limiting single failures. 
Plant operation will not be altered, and all safety functions will 
continue to perform as previously assumed in accident analyses.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    (3) Does the change involve a significant reduction in a margin 
of safety?
    Response: No.
    The proposed change that alters the steam generator inspection 
criteria and the steam generator inspection reporting criteria 
maintains the required structural margins of the steam generator 
tubes for both normal and accident conditions. NEI 97-06, Revision 
2, ``Steam Generator Program Guidelines'' (Reference 6) and RG 
1.121, are used as the bases in the development of the limited 
tubesheet inspection depth methodology for determining that steam 
generator tube integrity considerations are maintained within 
acceptable limits. RG 1.121 describes a method acceptable to the NRC 
for meeting GDC 14, ``Reactor Coolant Pressure Boundary,'' GDC 15, 
``Reactor Coolant System Design,'' GDC 31, ``Fracture Prevention of 
Reactor Coolant Pressure Boundary,'' and GDC 32, ``Inspection of 
Reactor Coolant Pressure Boundary,'' by reducing the probability and 
consequences of a SGTR. RG 1.121 concludes that by determining the 
limiting safe conditions for tube wall degradation the probability 
and consequences of a SGTR are reduced. This RG uses safety factors 
on loads for tube burst that are consistent with the requirements of 
Section III of the American Society of Mechanical Engineers (ASME) 
Code.
    For axially oriented cracking located within the tubesheet, tube 
burst is precluded due to the presence of the tubesheet. For 
circumferentially oriented cracking, the H* analysis, Enclosure 1 
Basis for Proposed Change E1-18 documented in section 4, defines a 
length of degradation free expanded tubing that provides the 
necessary resistance to tube pullout due to the pressure induced 
forces, with applicable safety factors applied. Application of the 
limited hot and cold leg tubesheet inspection criteria will preclude 
unacceptable primary-to-secondary leakage during all plant 
conditions. The methodology for determining leakage provides for 
large margins between calculated and actual leakage values in the 
proposed limited tubesheet inspection depth criteria.
    Therefore, the proposed change does not involve a significant 
reduction in any margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received by February 3, 2011 will be 
considered in making any final determination. You may submit comments 
using any of the methods discussed under the ADDRESSES caption.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

II. Opportunity To Request a Hearing

    Requirements for hearing requests and petitions for leave to 
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to 
intervene, requirements for standing, and contentions.'' Interested 
persons should consult 10 CFR Part 2, Section 2.309, which is available 
at the NRC's Public Document Room (PDR), located at O1 F21, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR 
at 800-397-4209 or 301-415-4737). NRC regulations are also accessible 
electronically from the NRC's Electronic Reading Room on the NRC Web 
site at http://www.nrc.gov.

III. Petitions for Leave To Intervene

    Any person whose interest may be affected by this proceeding and 
who wishes to participate as a party in the proceeding must file a 
written petition for leave to intervene. As required by 10 CFR 2.309, a 
petition for leave to intervene shall set forth with particularity the 
interest of the requestor/petitioner in the proceeding and how that 
interest may be affected by the results of the proceeding. The petition 
must provide the name, address, and telephone number of the

[[Page 391]]

requestor or petitioner and specifically explain the reasons why the 
intervention should be permitted with particular reference to the 
following factors: (1) The nature of the requestor's/petitioner's right 
under the Act to be made a party to the proceeding; (2) the nature and 
extent of the requestor's/petitioner's property, financial, or other 
interest in the proceeding; and (3) the possible effect of any decision 
or order which may be entered in the proceeding on the requestor's/
petitioner's interest. The petition must also identify the specific 
contentions which the requestor/petitioner seeks to have litigated at 
the proceeding.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings the NRC must make to support 
the granting of a license amendment in response to the application. The 
petition must include a concise statement of the alleged facts or 
expert opinions which support the position of the requestor/petitioner 
and on which the requestor/petitioner intends to rely at hearing, 
together with references to the specific sources and documents on which 
the requestor/petitioner intends to rely. Finally, the petition must 
provide sufficient information to show that a genuine dispute exists 
with the applicant on a material issue of law or fact, including 
references to specific portions of the application for amendment that 
the requestor/petitioner disputes and the supporting reasons for each 
dispute, or, if the requestor/petitioner believes that the application 
for amendment fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the requestor's/petitioner's belief. Each contention must 
be one which, if proven, would entitle the requestor/petitioner to 
relief.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board (Licensing Board) will set the time and 
place for any prehearing conferences and evidentiary hearings, and the 
appropriate notices will be provided.
    Non-timely petitions for leave to intervene and contentions, 
amended petitions, and supplemental petitions will not be entertained 
absent a determination by the Commission, the Licensing Board or a 
Presiding Officer that the petition should be granted and/or the 
contentions should be admitted based upon a balancing of the factors 
specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A State, county, municipality, Federally-recognized Indian Tribe, 
or agencies thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(d)(2). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by March 
7, 2011. The petition must be filed in accordance with the filing 
instructions in section IV of this document, and should meet the 
requirements for petitions for leave to intervene set forth in this 
section, except that State and Federally-recognized Indian Tribes do 
not need to address the standing requirements in 10 CFR 2.309(d)(1) if 
the facility is located within its boundaries. The entities listed 
above could also seek to participate in a hearing as a nonparty 
pursuant to 10 CFR 2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Licensing Board. Persons desiring 
to make a limited appearance are requested to inform the Secretary of 
the Commission by March 7, 2011.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the Internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#046c6165766d6a632a606b676f6170446a76672a636b72"><span class="__cf_email__" data-cfemail="2e464b4f5c474049004a414d454b5a6e405c4d00494158">[email protected]</span></a>, or by telephone at 301-415-1677, to request (1) 
a digital ID certificate, which allows the participant (or its counsel 
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not

[[Page 392]]

support unlisted software, and the NRC Meta System Help Desk will not 
be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
<a href="/cdn-cgi/l/email-protection#e3aeb0aba7cdb186908c96918086a38d9180cd848c95"><span class="__cf_email__" data-cfemail="470a140f036915223428323524220729352469202831">[email protected]</span></a>, or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First-class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from January 4, 2011. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    Attorney for licensee: Mr. Arthur H. Domby, Troutman Sanders, 
NationsBank Plaza, Suite 5200, 600 Peachtree Street, NE., Atlanta, 
Georgia 30308-2216.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail 
address for the Office of the Secretary and the Office of the General 
Counsel are <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c088a5a1b2a9aea7ee84afa3aba5b480aeb2a3eea7afb6">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#6c232b2f010d05000f090218091e2c021e0f420b031a"><span class="__cf_email__" data-cfemail="bcf3fbffd1ddd5d0dfd9d2c8d9cefcd2cedf92dbd3ca">[email protected]</span></a>, 
respectively.\1\ The request must include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------

    (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);
    (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

[[Page 393]]

proceeding. In particular, the request must explain why publicly-
available versions of the information requested would not be sufficient 
to provide the basis and specificity for a proffered contention;
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted access 
to the information and the deadline for filing all other contentions 
(as established in the notice of hearing or opportunity for hearing), 
the petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
either after a determination on standing and need for access, or after 
a determination on trustworthiness and reliability, the NRC staff shall 
immediately notify the requestor in writing, briefly stating the reason 
or reasons for the denial.
    (2) The requestor may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    H. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
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    \3\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI request submitted to the NRC staff under these 
procedures.
---------------------------------------------------------------------------

    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. 
Attachment 1 to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.

    It is so ordered.

    Dated at Rockville, Maryland, this 28th day of December 2010.

    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; (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 requestor/petitioner reply).
20.......................  Nuclear Regulatory Commission (NRC) staff
                            informs the requestor of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            requestor/petitioner to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.

[[Page 394]]

 
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of hearing or opportunity for
                            hearing), the petitioner may file its SUNSI
                            contentions by that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
> A + 60.................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2010-33182 Filed 1-3-11; 8:45 am]
BILLING CODE 7590-01-P


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