Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 44925 

Document ADAMS accession No. 

FirstEnergy Nuclear Operating Company; Exemption Request for a Physical Barrier Requirement; Dated July 19, 

2017.

ML17200D139. 

FirstEnergy Nuclear Operating Company; Response to Request For Additional Information Regarding Exemption Request for a Physical Barrier Requirement; Dated March 16, 2018.ML18078A033. 

FirstEnergy Nuclear Operating Company; Response to Request For Additional Information Regarding Exemption Request for a Physical Barrier Requirement; Dated May 2, 2018.ML18122A133. 

NUREG–1437, Supplement 36; Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Regarding Beaver Valley Power Station, Units 1 and 2, Final Report; Dated May 2009.ML091260011. 

Dated at Rockville, Maryland, this 29th day 

of August 2018. 

For the Nuclear Regulatory Commission. 

Bhalchandra K. Vaidya, 

Project Manager, Plant Licensing Branch III, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2018–19120 Filed 8–31–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2018–0190] 

Protective Order Templates for 

Hearings on Conformance With the 

Acceptance Criteria in Combined 

Licenses 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft protective order templates; 

request for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is seeking public 

comment on draft protective order 

templates to be used in hearings 

associated with closure of inspections, 

tests, analyses, and acceptance criteria 

(ITAAC). The templates have the 

purpose of facilitating quick 

development of case-specific protective 

orders to support the accelerated ITAAC 

hearing schedule. Participants in ITAAC 

hearings may, but are not required to, 

use the templates as the basis for 

proposed protective orders. 

DATES: Submit comments by October 19, 

2018. Comments received after this date 

will be considered if it is practical to do 

so, but the Commission is able to ensure 

consideration only for comments 

received before this date. 

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–2018–0190. Address 

questions about NRC dockets to Jennifer 

Borges; telephone: 301–287–9127; 

email: Jennifer.Borges@nrc.gov. For 

other questions, contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section of this document. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Michael A. Spencer, Office of the 

General Counsel, U.S. Nuclear 

Regulatory Commission; telephone: 

301–287–9115, email: 

Michael.Spencer@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2018– 

0190 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–2018–0190. 

• NRC’s Agencywide Documents 

Access and Management System 

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

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

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

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

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

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

nrc.gov. For the convenience of the 

reader, instructions about obtaining 

materials referenced in this document 

are provided in the ‘‘Availability of 

Documents’’ section. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2018– 

0190 in your comment submission. If 

you cannot submit your comments on 

the Federal Rulemaking website, http:// 

www.regulations.gov, please contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

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. Background 

On July 1, 2016 (81 FR 43266), the 

NRC published final procedures for 

hearings on conformance with the 

acceptance criteria in combined licenses 

(COLs) issued under part 52 of title 10 

of the Code of Federal Regulations (10 

CFR) (ITAAC Hearing Procedures). The 

acceptance criteria are part of the 

ITAAC included in the COL. In 

accordance with 10 CFR 52.103(g), the 

NRC must find that the acceptance 

criteria are met before facility operation 

may begin. Section 189a.(1)(B) of the 

Atomic Energy Act of 1954, as amended 

(AEA), provides members of the public 

an opportunity to request a hearing on 

the facility’s compliance with the 

acceptance criteria. The ITAAC Hearing 

Procedures describe the requirements 

for such hearing requests and the 

procedures to be used throughout the 

hearing process. The procedures for a 

particular ITAAC proceeding will be 

imposed by case-specific orders, and the 

ITAAC Hearing Procedures reference 

templates to be used for such orders. 

Some NRC proceedings involve 

sensitive information. For ITAAC 

proceedings in particular, the NRC 


sradovich on DSK3GMQ082PROD with NOTICES
44926 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 

determined that a potential party may 

deem it necessary to obtain access to 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI) or Safeguards 

Information (SGI) for the purpose of 

meeting Commission requirements for 

intervention. Therefore, the ITAAC 

Hearing Procedures include templates 

for orders governing requests for access 

to SUNSI and SGI. If a hearing 

participant qualifies for access to 

sensitive information, then a protective 

order and non-disclosure declaration 

would be needed to ensure that the 

information is protected appropriately. 

The presiding officer for a proceeding 

would issue the protective order, and 

recipients of the sensitive information 

would sign a non-disclosure declaration 

agreeing to protect the information in 

accordance with the protective order. 

Typically, the presiding officer issues a 

protective order in response to a motion 

from the hearing participants proposing 

a draft protective order and nondisclosure declaration for the presiding 

officer’s consideration. 

The NRC received comments on the 

proposed ITAAC Hearing Procedures 

suggesting that model templates would 

facilitate quick development of 

protective orders. In response, the NRC 

stated that protective order templates 

would be developed in a separate 

process allowing for stakeholder input. 

To fulfill this commitment, the NRC 

has developed and is seeking comment 

on two draft protective order templates, 

one for SUNSI (ADAMS Accession No. 

ML18239A329) and one for SGI 

(ADAMS Accession No. ML18239A322). 

The NRC staff will make a final 

determination regarding issuance of the 

templates after consideration of any 

public comments received in response 

to this request. The final templates will 

be referenced in a future Federal 

Register notice. Participants in ITAAC 

hearings may, but are not required to, 

rely on the final protective order 

templates as the basis for proposed 

protective orders. 

III. Discussion 

The NRC has developed two draft 

protective order templates for ITAAC 

hearings, one for SUNSI and one for 

SGI. Although the draft templates were 

developed for use in ITAAC hearings, 

the vast majority of the content is not 

specific to ITAAC proceedings. The 

draft SUNSI and SGI templates have the 

following ITAAC-specific provisions: 

• The templates reflect the possibility 

that the presiding officer might be a 

single legal judge assisted as appropriate 

by technical advisors. 

• Consistent with the accelerated 

ITAAC hearing schedule, petitioners are 

given less time to execute nondisclosure declarations, and licensees 

and the NRC staff are given less time to 

provide SUNSI or SGI to the petitioners, 

than is ordinarily the case. 

The draft SGI template also has two 

additional ITAAC-specific provisions: 

• Consistent with the ITAAC Hearing 

Procedures, the draft template provides 

that SGI must be filed by overnight mail. 

Filings with SGI will not be made on the 

E-Filing system because the E-Filing 

system does not comply with SGI 

security requirements. This provision 

does not appear in the SUNSI template 

because SUNSI filings will be made 

through the E-Filing system. 

• The draft template quotes the 

ITAAC Hearing Procedures as stating 

that the NRC will not delay its actions 

in completing the hearing or making the 

10 CFR 52.103(g) finding because of 

delays from background checks for 

persons seeking access to SGI. 

Both templates are based on current 

requirements and policies, and would, if 

appropriate, be updated as those 

requirements and policies change. For 

example, NRC policies will change in 

response to the National Archives and 

Records Administration’s final rule, 

‘‘Controlled Unclassified Information,’’ 

(81 FR 63324; September 14, 2016) (CUI 

Rule). The CUI Rule establishes 

government-wide requirements for 

protecting sensitive unclassified 

information. The CUI Rule applies both 

to the Federal government and to nonFederal entities receiving CUI from the 

Federal government. The NRC has not 

yet implemented the CUI Rule and does 

not expect to achieve implementation 

before the ITAAC hearings for Vogtle 

Units 3 and 4. But any future updating 

of the templates for subsequent ITAAC 

proceedings would reflect consideration 

of the CUI Rule and associated 

guidance. 

A. Draft SUNSI Protective Order 

Template 

The NRC uses the term SUNSI to refer 

to a broad spectrum of sensitive 

information that is neither classified nor 

SGI. While there are many types of 

SUNSI, the draft SUNSI protective order 

template is directed at protection of 

proprietary and security-related 

information, as discussed in SECY–15– 

0010 (January 20, 2015) (ADAMS 

Accession No. ML14343A747). The NRC 

focused on these types of SUNSI 

because of the NRC’s experience with 

hearings involving reactors and its 

knowledge of the matters subject to 

ITAAC. If an ITAAC hearing involves 

another type of SUNSI with different 

protection requirements, the template 

can be adjusted accordingly. 

In developing the draft SUNSI 

template, the NRC considered protective 

orders for proprietary and securityrelated information issued after 2006. 

The NRC also considered guidance in 

NRC Regulatory Issue Summary (RIS) 

2005–26, ‘‘Control of Sensitive 

Unclassified Non-Safeguards 

Information Related to Nuclear Power 

Reactors’’ (ADAMS Accession No. 

ML051430228), dated November 7, 

2005. RIS 2005–26 is specifically 

directed at protection of security-related 

information for reactors and states that 

such information is protected in much 

the same way as commercial or financial 

information. 

Finally, the NRC considered the CUI 

Rule. Although the CUI Rule has not yet 

been implemented at the NRC, many 

CUI requirements are consistent with 

the existing protective provisions for 

SUNSI that provided the basis for the 

draft template. By aligning the 

provisions and terminology in the draft 

SUNSI template with the corresponding 

elements of the CUI Rule, the NRC 

hopes to facilitate any future update of 

the template to comply with the CUI 

Rule. The introductory discussion in the 

draft template identifies those CUI 

provisions that were excluded because 

they differ from, or go beyond, existing 

protective provisions for proprietary 

and security-related SUNSI for external 

stakeholders. 

B. Draft SGI Protective Order Template 

Safeguards Information is a special 

category of sensitive unclassified 

information defined in 10 CFR 73.2 and 

protected from unauthorized disclosure 

under AEA Section 147. Although SGI 

is unclassified information, it is handled 

and protected more like Classified 

National Security Information than like 

other sensitive unclassified information 

(e.g., privacy and proprietary 

information). Requirements for access to 

SGI and requirements for SGI handling, 

storage, and processing are in 10 CFR 

part 73. 

The SGI protective order template 

does not rely on prior SGI protective 

orders because they predate significant 

changes to the NRC’s regulations on SGI 

and adjudicatory filings. Instead, the 

NRC combined general provisions from 

the draft SUNSI template with the SGI 

protection requirements in 10 CFR part 

73 and the adjudicatory filing 

requirements in 10 CFR part 2. Also, 

while the NRC considered the CUI Rule 

when developing the draft SGI template, 

the draft template does not reflect any 

specific CUI provisions. The NRC has 

not yet implemented the CUI Rule, and 

in accordance with 32 CFR 2002.4(r), 

most CUI requirements do not apply to 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 44927 

SGI because the authorizing law and 

regulations for SGI provide specific 

handling controls. 

IV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document 

ADAMS accession 

No./Federal Register 

citation 

Draft Template for Protective Orders Governing the Disclosure and Use of Sensitive Unclassified Non-Safeguards Information (SUNSI) in Hearings Related to Conformance with Inspections, Tests, Analyses, and Acceptance Criteria 

(ITAAC).

ML18239A329. 

Draft Template for Protective Orders Governing the Disclosure and Use of Safeguards Information (SGI) in Hearings 

Related to Conformance with Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC).

ML18239A322. 

Final Procedures for Conducting Hearings on Conformance With the Acceptance Criteria in Combined Licenses, dated 

July 1, 2016.

81 FR 43266. 

SECY–15–0010, Final Procedures for Hearings on Conformance With the Acceptance Criteria in Combined Licenses, 

dated January 20, 2015.

ML14343A747. 

Final Rule: Controlled Unclassified Information, dated September 14, 2016 ......................................................................... 81 FR 63324. 

NRC Regulatory Issue Summary 2005–26, Control of Sensitive Unclassified Non-Safeguards Information Related to Nuclear Power Reactors, dated November 7, 2005.ML051430228. 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

website at http://www.regulations.gov 

under Docket ID NRC–2018–0190. The 

Federal Rulemaking website allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2018–0190); (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

Dated at Rockville, Maryland, this 28th day 

of August 2018. 

For the Nuclear Regulatory Commission. 

Susan H. Vrahoretis, 

Assistant General Counsel for New Reactor 

Programs, Office of the General Counsel. 

[FR Doc. 2018–19023 Filed 8–31–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–440; NRC–2018–0187] 

FirstEnergy Nuclear Operating 

Company; FirstEnergy Nuclear 

Generation Company, LLC; Perry 

Nuclear Power Plant, Unit No. 1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Environmental assessment and 

finding of no significant impact; 

issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is making a finding 

of no significant impact (FONSI) for a 

proposed issuance of an exemption to 

FirstEnergy Nuclear Operating Company 

(FENOC, the licensee), for Perry Nuclear 

Power Plant (PNPP), Unit No. 1, located 

in Lake County, Ohio. The proposed 

action would grant the licensee a partial 

exemption from the ‘‘Physical barrier’’ 

requirements in the NRC’s regulations, 

to allow FENOC to continue using 

vertical, rather than angled, barbed wire 

fence toppings in certain limited 

protected area sections on-site. The NRC 

is considering an exemption to facility 

operating license no. NPF–58, issued on 

November 13, 1986, and held by 

FENOC, and FirstEnergy Nuclear 

Generation Company, LLC for the 

operation of PNPP, Unit No. 1. 

DATES: The environmental assessment 

referenced in this document is available 

on September 4, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0187 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–2018–0187. 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. 

• NRC’s Agencywide Documents 

Access and Management System 

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

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

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

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

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

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

nrc.gov. For the convenience of the 

reader, the ADAMS accession numbers 

are provided in a table in the 

‘‘Availability of Documents’’ section of 

this document. 

• 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. 

FOR FURTHER INFORMATION CONTACT: 

Bhalchandra K. Vaidya, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–3308; email: 

Bhalchandra.Vaidya@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is considering issuance of a 

partial exemption, pursuant to section 

73.5 of title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Specific 

exemptions,’’ from the ‘‘Physical 

barrier’’ requirement of 10 CFR 73.2, 

specifically with respect to the design 

criteria specified in 10 CFR 73.2(1) 

‘‘fences,’’ as it applies to the angular 

specification for brackets used to 

support the required barbed wire (or 

similar material) topper, to FENOC and 

FirstEnergy Nuclear Generation 

Company, LLC (collectively, the 

licensee), for PNPP, Unit No. 1, located 

in Lake County, Ohio. 

In accordance with 10 CFR 51.21, the 

NRC has prepared an environmental 

assessment (EA) that analyzes the 

environmental effects of the proposed 

action. Based on the results of the EA 

and in accordance with 10 CFR 51.31(a), 

the NRC has prepared a FONSI for the 

proposed exemption. 

II. Environmental Assessment 

Description of the Proposed Action 

The proposed action would grant the 

licensee a partial exemption from the 


sradovich on DSK3GMQ082PROD with NOTICES