Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32691 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2018– 

0145 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0145. 

• NRC’s Agencywide Documents 

Access and Management System 

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

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The draft 

revision and current revision to 

NUREG–0800, Section BTP 5–3, 

‘‘Fracture Toughness Requirements’’ is 

available in ADAMS under Accession 

No. ML18071A066 and ML070850035. 

The redline-strikeout version comparing 

the draft revision 3 and the current 

version of revision 2 is available in 

ADAMS under Accession No. 

ML18130A401. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2018– 

0145 in your comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at http://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Further Information 

The NRC seeks public comment on 

the proposed draft section revision of 

SRP Section BTP 5–3. The changes 

include incorporation of text describing 

NRC review of potential nonconservatisms in BTP 5–3, Revision 2, 

Subsection B1.1; a reference to a 

memorandum describing the results of 

the NRC review of the potential nonconservatisms; and numerous textual 

updates to incorporate pressuretemperature limit reports, 10 CFR 

50.61a, 10 CFR part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants,’’ clearer citations, 

and nozzle language. 

Following NRC staff evaluation of 

public comments, the NRC intends to 

finalize SRP Section BTP 5–3 in 

ADAMS and post it on the NRC’s public 

website at http://www.nrc.gov/readingrm/doc-collections/nuregs/staff/sr0800/. 

The SRP is guidance for the NRC staff. 

The SRP is not a substitute for the NRC 

regulations, and compliance with the 

SRP is not required. 

III. Backfitting and Issue Finality 

Issuance of this draft SRP section, if 

finalized, would not constitute 

backfitting as defined in 10 CFR 50.109, 

(the Backfit Rule) or otherwise be 

inconsistent with the issue finality 

provisions in 10 CFR part 52. The NRC’s 

position is based upon the following 

considerations. 

1. The draft SRP positions, if 

finalized, would not constitute 

backfitting, inasmuch as the SRP is 

internal guidance to NRC staff directed 

at the NRC staff with respect to their 

regulatory responsibilities. 

The SRP provides internal guidance 

to the NRC staff on how to review an 

application for NRC regulatory approval 

in the form of licensing. Changes in 

internal staff guidance are not matters 

for which either nuclear power plant 

applicants or licensees are protected 

under either the Backfit Rule or the 

issue finality provisions of 10 CFR part 

52. 

2. The NRC staff has no intention to 

impose the SRP positions on current 

licensees or already-issued regulatory 

approvals either now or in the future. 

The NRC staff does not intend to 

impose or apply the positions described 

in the draft SRP to existing (already 

issued) licenses and regulatory 

approvals. Hence, the issuance of a final 

SRP, even if considered guidance within 

the purview of the issue finality 

provisions in 10 CFR part 52, would not 

need to be evaluated as if it were a 

backfit or as being inconsistent with 

issue finality provisions. If, in the 

future, the NRC staff seeks to impose a 

position in the SRP on holders of 

already issued licenses in a manner that 

does not provide issue finality as 

described in the applicable issue finality 

provision, then the staff must make the 

showing as set forth in the Backfit Rule 

or address the criteria for avoiding issue 

finality as described in the applicable 

issue finality provision. 

3. Backfitting and issue finality do 

not—with limited exceptions not 

applicable here—protect current or 

future applicants. 

Applicants and potential applicants 

are not, with certain exceptions, 

protected by either the Backfit Rule or 

any issue finality provisions under 10 

CFR part 52. This is because neither the 

Backfit Rule nor the issue finality 

provisions under 10 CFR part 52—with 

certain exclusions discussed below— 

were intended to apply to every NRC 

action that substantially changes the 

expectations of current and future 

applicants. 

The exceptions to the general 

principle are applicable whenever an 

applicant references a 10 CFR part 52 

license (e.g., an early site permit) and/ 

or NRC regulatory approval (e.g., a 

design certification rule) with specified 

issue finality provisions. The NRC staff 

does not, at this time, intend to impose 

the positions represented in the draft 

SRP in a manner that is inconsistent 

with any issue finality provisions. If, in 

the future, the staff seeks to impose a 

position in the draft SRP in a manner 

which does not provide issue finality as 

described in the applicable issue finality 

provisions, then the staff must address 

the criteria for avoiding issue finality as 

described in the applicable issue finality 

provision. 

Dated at Rockville, Maryland, this 10th day 

of July, 2018. 

For the Nuclear Regulatory Commission. 

Jennivine K. Rankin, 

Acting Chief, Licensing Branch 3, Division 

of Licensing, Siting, and Environmental 

Analysis, Office of New Reactors. 

[FR Doc. 2018–15035 Filed 7–12–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–333; NRC–2018–0143] 

Exelon Generation Company, LLC; 

James A. FitzPatrick Nuclear Power 

Plant 

AGENCY: Nuclear Regulatory 

Commission. 


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32692 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 

ACTION: License amendment application; 

opportunity to comment, request a 

hearing, and to petition for leave to 

intervene; order imposing procedures. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an amendment to Renewed 

Facility Operating License No. DPR–59, 

issued to Exelon Generation Company, 

LLC, for operation of the James A. 

FitzPatrick Nuclear Power Plant 

(JAFNPP). The proposed amendment 

would revise Technical Specification 

(TS), TS 2.1.1, ‘‘Reactor Core SLs [Safety 

Limits].’’ For this amendment request, 

the NRC proposes to determine that it 

involves no significant hazards 

consideration. Because this amendment 

request contains sensitive unclassified 

non-safeguards information (SUNSI), an 

order imposes procedures to obtain 

access to SUNSI for contention 

preparation. 

DATES: Submit comments by August 13, 

2018. Requests for a hearing or petition 

for leave to intervene must be filed by 

September 11, 2018. 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 July 23, 2018. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0143. Address 

questions about NRC dockets 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: May Ma, Office 

of Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Tanya E. Hood, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington DC 

20555–0001; telephone: 301–415–1387, 

email: Tanya.Hood@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2018– 

0143 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0143. 

• NRC’s Agencywide Documents 

Access and Management System 

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

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

application for amendment, dated May 

17, 2018, is available in ADAMS under 

Accession No. ML18137A418. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2018– 

0143 in your comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at http://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Introduction 

The NRC is considering issuance of an 

amendment to Renewed Facility 

Operating License No. DPR–59, issued 

to Exelon Generation Company, LLC, for 

operation of JAFNPP, located in 

Oswego, New York. 

The proposed amendment would 

revise TS 2.1.1, ‘‘Reactor Core SLs 

[Safety Limits]’’ to change Cycle 24 

Safety Limit Minimum Critical Power 

Ratio (SLMCPR) numeric values 

resulting from SLMCPR analyses 

performed. 

Before any issuance of the proposed 

license amendment, the NRC will need 

to make the findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and NRC’s regulations. 

The NRC has made a proposed 

determination that the 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 

consequences of an accident previously 

evaluated? 

Response: No. 

The derivation of the cycle specific Safety 

Limit Minimum Critical Power Ratios 

(SLMCPRs) for incorporation into the 

Technical Specifications (TS), and their use 

to determine cycle specific thermal limits, 

has been performed using the methodology 

discussed in NEDE–24011–P–A, ‘‘General 

Electric Standard Application for Reactor 

Fuel,’’ Revision 26. 

The basis of the SLMCPR calculation is to 

ensure that during normal operation and 

during abnormal operational transients, at 

least 99.9% of all fuel rods in the core do not 

experience transition boiling if the limit is 

not violated. The new SLMCPRs preserve the 

existing margin to transition boiling. 

The MCPR safety limit is reevaluated for 

each reload using NRC-approved 

methodologies. The analyses for JAFNPP, 

Cycle 24, have concluded that a 

tworecirculation loop MCPR safety limit of 

≥1.07, based on the application of Global 

Nuclear Fuel’s NRC-approved MCPR safety 

limit methodology, will ensure that this 

acceptance criterion is met. For single 

recirculation loop operation, a MCPR safety 

limit of ≥ 1.09 also ensures that this 

acceptance criterion is met. The MCPR 

operating limits are presented and controlled 

in accordance with the JAFNPP Core 

Operating Limits Report (COLR). 

The requested TS changes do not involve 

any plant modifications or operational 

changes that could affect system reliability or 


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Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32693 

performance or that could affect the 

probability of operator error. The requested 

changes do not affect any postulated accident 

precursors, do not affect any accident 

mitigating systems, and do not introduce any 

new accident initiation mechanisms. 

Therefore, the proposed TS changes do 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 SLMCPR is a TS numerical value, 

calculated to ensure that during normal 

operation and during abnormal operational 

transients, at least 99.9% of all fuel rods in 

the core do not experience transition boiling 

if the limit is not violated. The new 

SLMCPRs are calculated using NRCapproved methodology discussed in NEDE– 

24011–P–A, ‘‘General Electric Standard 

Application for Reactor Fuel,’’ Revision 26. 

The proposed changes do not involve any 

new modes of operation, any changes to 

setpoints, or any plant modifications. The 

proposed revised MCPR safety limits have 

been shown to be acceptable for Cycle 24 

operation. The core operating limits will 

continue to be developed using NRCapproved methods. The proposed MCPR 

safety limits or methods for establishing the 

core operating limits do not result in the 

creation of any new precursors to an 

accident. Therefore, this 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. 

There is no significant reduction in the 

margin of safety previously approved by the 

NRC as a result of the proposed change to the 

SLMCPRs. The new SLMCPRs are calculated 

using methodology discussed in NEDE– 

24011–P–A, ‘‘General Electric Standard 

Application for Reactor Fuel,’’ Revision 26. 

The SLMCPRs ensure that during normal 

operation and during abnormal operational 

transients, at least 99.9% of all fuel rods in 

the core do not experience transition boiling 

if the limit is not violated, thereby preserving 

the fuel cladding integrity. Therefore, the 

proposed TS changes do not involve a 

significant reduction in the margin of safety 

previously approved by the NRC. 

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 

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

the regulations is available at the NRC’s 

Public Document Room, located at One 

White Flint North, Room O1–F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland 20852. If a petition is filed, 

the Commission or a presiding officer 

will rule on the petition and, if 

appropriate, a notice of a hearing will be 

issued. 

As required by 10 CFR 2.309(d) the 

petition should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements for 

standing: (1) The name, address, and 

telephone number of the petitioner; (2) 

the nature of the petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the petitioner’s property, financial, or 

other interest in the proceeding; and (4) 

the possible effect of any decision or 

order which may be entered in the 

proceeding on the petitioner’s interest. 

In accordance with 10 CFR 2.309(f), 

the petition must also set forth the 

specific contentions which the 

petitioner seeks to have litigated in the 

proceeding. Each contention must 

consist of a specific statement of the 

issue of law or fact to be raised or 

controverted. In addition, the petitioner 

must provide a brief explanation of the 

bases for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner must also 

provide references to the specific 

sources and documents on which the 

petitioner intends to rely to support its 

position on the issue. The petition must 

include sufficient information to show 

that a genuine dispute exists with the 

applicant or licensee on a material issue 

of law or fact. Contentions must be 

limited to matters within the scope of 

the proceeding. The contention must be 

one which, if proven, would entitle the 

petitioner to relief. A petitioner who 

fails to satisfy the requirements at 10 

CFR 2.309(f) with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene. Parties have the opportunity 

to participate fully in the conduct of the 

hearing with respect to resolution of 

that party’s admitted contentions, 

including the opportunity to present 

evidence, consistent with the NRC’s 

regulations, policies, and procedures. 

Petitions must be filed no later than 

60 days from the date of publication of 

this notice. Petitions and motions for 

leave to file new or amended 

contentions that are filed after the 

deadline will not be entertained absent 

a determination by the presiding officer 

that the filing demonstrates good cause 

by satisfying the three factors in 10 CFR 

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 


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32694 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 

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 Federallyrecognized Indian Tribe, or agency 

thereof does not need to address the 

standing requirements in 10 CFR 

2.309(d) if the facility is located within 

its boundaries. Alternatively, a State, 

local governmental body, Federallyrecognized Indian Tribe, or agency 

thereof may participate as a non-party 

under 10 CFR 2.315(c). 

If a hearing is granted, any person 

who is not a party to the proceeding and 

is not affiliated with or represented by 

a party may, at the discretion of the 

presiding officer, be permitted to make 

a limited appearance pursuant to the 

provisions of 10 CFR 2.315(a). A person 

making a limited appearance may make 

an oral or written statement of his or her 

position on the issues but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to the 

limits and conditions as may be 

imposed by the presiding officer. Details 

regarding the opportunity to make a 

limited appearance will be provided by 

the presiding officer if such sessions are 

scheduled. 

IV. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing and petition for 

leave to intervene (petition), any motion 

or other document filed in the 

proceeding prior to the submission of a 

request for hearing or petition to 

intervene, and documents filed by 

interested governmental entities that 

request to participate under 10 CFR 

2.315(c), must be filed in accordance 

with the NRC’s E-Filing rule (72 FR 

49139; August 28, 2007, as amended at 

77 FR 46562; August 3, 2012). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the internet, or in some 

cases to mail copies on electronic 

storage media. Detailed guidance on 

making electronic submissions may be 

found in the Guidance for Electronic 

Submissions to the NRC and on the NRC 

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

e-submittals.html. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

hearing.docket@nrc.gov, or by telephone 

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

identification (ID) certificate, which 

allows the participant (or its counsel or 

representative) to digitally sign 

submissions and access the E-Filing 

system for any proceeding in which it 

is participating; and (2) advise the 

Secretary that the participant will be 

submitting a petition or other 

adjudicatory document (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for the hearing in this proceeding 

if the Secretary has not already 

established an electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public website at http://

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

getting-started.html. Once a participant 

has obtained a digital ID certificate and 

a docket has been created, the 

participant can then submit 

adjudicatory documents. Submissions 

must be in Portable Document Format 

(PDF). Additional guidance on PDF 

submissions is available on the NRC’s 

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

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

filing is considered complete at the time 

the document is submitted through the 

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

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. Eastern Time on the due date. 

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

and sends the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed so that they can 

obtain access to the documents via the 

E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

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

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

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC 

Electronic Filing Help Desk is available 

between 9 a.m. and 6 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing stating why there is good cause for 

not filing electronically and requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted by: (1) First class 

mail addressed to the Office of the 

Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing adjudicatory 

documents in this manner are 

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. 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32695 

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. 

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 May 17, 2018. 

Attorney for licensee: Donald P. 

Ferraro, Assistant General Counsel, 

Exelon Generation Company, LLC, 200 

Exelon Way, Suite 305, Kennett Square, 

PA 19348. 

NRC Branch Chief: James G. Danna. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI). 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI is necessary to respond to this 

notice may request access to SUNSI. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI 

submitted later than 10 days after 

publication of this notice will not be 

considered absent a showing of good 

cause for the late filing, addressing why 

the request could not have been filed 

earlier. 

C. The requester shall submit a letter 

requesting permission to access SUNSI 

to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Associate 

General Counsel for Hearings, 

Enforcement 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 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); and 

(3) The identity of the individual or 

entity requesting access to SUNSI and 

the requester’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention. 

D. Based on an evaluation of the 

information submitted under paragraph 

C.(3) the NRC staff will determine 

within 10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requestor has established a 

legitimate need for access to SUNSI. 

E. If the NRC staff determines that the 

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

above, the NRC staff will notify the 

requestor in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requestor may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 2 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

F. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI must be filed by the requestor no 

later than 25 days after receipt of (or 

access to) that information. However, if 

more than 25 days remain between the 

petitioner’s receipt of (or access to) the 

information and the deadline for filing 

all other contentions (as established in 

the notice of hearing or opportunity for 

hearing), the petitioner may file its 

SUNSI contentions by that later 

deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff after a 

determination on standing and requisite 

need, the NRC staff shall immediately 

notify the requestor in writing, briefly 

stating the reason or reasons for the 

denial. 

(2) The requester may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: (a) 

The presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

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

been designated to rule on information 

access issues, with that officer. 

(3) Further appeals of decisions under 

this paragraph must be made pursuant 

to 10 CFR 2.311. 

H. Review of Grants of Access. A 

party other than the requester may 

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 


sradovich on DSK3GMQ082PROD with NOTICES
32696 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 

3Requesters should note that the filing 

requirements of the NRC’s E-Filing Rule (72 FR 

49139; August 28, 2007, as amended at 77 FR 

46562; August 3, 2012) apply to appeals of NRC 

staff determinations (because they must be served 

on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI request 

submitted to the NRC staff under these procedures. 

been designated to rule on information 

access issues, with that officer. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.3

I. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI, and motions for protective 

orders, in a timely fashion in order to 

minimize any unnecessary delays in 

identifying those petitioners who have 

standing and who have propounded 

contentions meeting the specificity and 

basis requirements in 10 CFR part 2. 

The attachment to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 10th of 

July 2018. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Agreement for SUNSI. 

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

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

final adverse determination by the NRC staff. 

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

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

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

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

SUNSI contentions by that later deadline. 

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

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

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

[FR Doc. 2018–15009 Filed 7–12–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–8584; NRC–2018–0141] 

Kennecott Uranium Company; 

Sweetwater Uranium Project 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License renewal; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a renewed 

license to Kennecott Uranium Company 

(KUC) for its Sweetwater Uranium 

Project (SUP), located in Sweetwater 

County, Wyoming, for Materials License 

SUA–1350. The license authorizes KUC 

to possess uranium source and 

byproduct material at the SUP. In 

addition, the license authorizes KUC to 

operate its facilities as proposed in its 

license renewal application, as 

amended, and as prescribed in the 

license, after a pre-operational 

inspection has been completed at the 

SUP and any safety issues resolved. The 

renewed license expires on November 9, 

2024. 

DATES: The license referenced in this 

document is available on July 6, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0141 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0141. Address 


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