Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 21595 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated August 3, 2011. Documents may 

be examined, and/or copied for a fee, at 

the NRC’s Public Document Room 

(PDR), located at One White Flint North, 

Room O1–F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852. 

Publicly available documents created or 

received at the NRC are accessible 

electronically through the Agencywide 

Documents Access and Management 

System (ADAMS) in the NRC Library at 

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

adams.html. Persons who do not have 

access to ADAMS or who encounter 

problems in accessing the documents 

located in ADAMS should contact the 

NRC’s PDR reference staff by telephone 

at 1–800–397–4209 or 301–415–4737, or 

send an email to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 30th day 

of March 2012. 

For the Nuclear Regulatory Commission. 

John Stang, 

Senior Project Manager, Plant Licensing 

Branch II–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2012–8547 Filed 4–9–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2012–0082] 

Applications and Amendments to 

Facility Operating Licenses and 

Combined Licenses Involving 

Proposed No Significant Hazards 

Considerations and Containing 

Sensitive Unclassified Non-Safeguards 

Information and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment request; 

opportunity to comment, request a 

hearing and petition for leave to 

intervene, order. 

DATES: Comments must be filed by May 

10, 2012. A request for a hearing or 

leave to intervene must be filed by June 

11, 2012. Any potential party as defined 

in Title 10 of the Code of Federal 

Regulations (10 CFR) 2.4 who believes 

access to Sensitive Unclassified NonSafeguards Information (SUNSI) is 

necessary to respond to this notice must 

request document access by April 20, 

2012. 

ADDRESSES: You may access information 

and comment submissions related to 

this document, which the NRC 

possesses and is publicly available, by 

searching on http://www.regulations.gov 

under Docket ID NRC–2012–0082. 

You may submit comments by the 

following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0082. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–492–3668; 

email: Carol.Gallagher@nrc.gov. 

• Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

• Fax comments to: RADB at 301– 

492–3446. 

For additional direction on accessing 

information and submitting comments, 

see ‘‘Accessing Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and 

Submitting Comments 

A. Accessing Information 

Please refer to Docket ID NRC–2012– 

0082 when contacting the NRC about 

the availability of information regarding 

this document. You may access 

information related to this document, 

which the NRC possesses and is 

publicly available, by the following 

methods: 

• Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0082. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/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. 

• 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–2012– 

0082 in the subject line of your 

comment submission, in order to ensure 

that the NRC is able to make your 

comment submission available to the 

public in this docket. 

The NRC cautions you not to include 

identifying or contact information in 

comment submissions that you do not 

want to be publicly disclosed. The NRC 

posts all comment submissions at http: 

//www.regulations.gov as well as 

entering the comment submissions into 

ADAMS, and the NRC does not 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 in 

their comment submissions that they do 

not want to be publicly disclosed. Your 

request should state that the NRC will 

not edit comment submissions to 

remove such information before making 

the comment submissions available to 

the public or entering the comment 

submissions into ADAMS. 

II. Background 

Pursuant to Section 189a.(2) of the 

Atomic Energy Act of 1954, as amended 

(the Act), the U.S. Nuclear Regulatory 

Commission (the Commission or NRC 

staff) is publishing this notice. The Act 

requires the Commission to publish 

notice of any amendments issued, or 

proposed to be issued and grants the 

Commission the authority to issue and 

make immediately effective any 

amendment to an operating license or 

combined license, as applicable, upon a 

determination by the Commission that 

such amendment involves no significant 

hazards consideration, notwithstanding 

the pendency before the Commission of 

a request for a hearing from any person. 

This notice includes notices of 

amendments containing SUNSI. 

Notice of Consideration of Issuance of 

Amendments to Facility Operating 

Licenses and Combined Licenses, 

Proposed No Significant Hazards 

Consideration Determination, and 

Opportunity for a Hearing 

The Commission has made a 

proposed determination that the 

following amendment requests involve 

no significant hazards consideration. 

Under the Commission’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 


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21596 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 

accident previously evaluated; (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. The basis for this proposed 

determination for each amendment 

request is shown below. 

The Commission is seeking public 

comments on this proposed 

determination. 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 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. 

Within 60 days after the date of 

publication of this notice, any person(s) 

whose interest may be affected by this 

action may file a request for a hearing 

and a petition to intervene with respect 

to issuance of the amendment to the 

subject facility operating license or 

combined license. Requests for a 

hearing and a petition for leave to 

intervene shall be filed in accordance 

with the Commission’s ‘‘Rules of 

Practice for Domestic Licensing 

Proceedings and Issuance of Orders’’ in 

10 CFR Part 2. Interested person(s) 

should consult a current copy of 10 CFR 

2.309, which is available at the NRC’s 

PDR, located at One White Flint North, 

Room O1–F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852. 

The NRC’s regulations are accessible 

electronically from the NRC Library on 

the NRC’s Web site at http:// 

www.nrc.gov/reading-rm/doccollections/cfr/. If a request for a hearing 

or petition for leave to intervene is filed 

within 60 days, the Commission or a 

presiding officer designated by the 

Commission or by the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board Panel, will 

rule on the request and/or petition; and 

the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner in the proceeding, and 

how that interest may be affected by the 

results of the proceeding. The petition 

should specifically explain the reasons 

why intervention should be permitted 

with particular reference to the 

following general requirements: (1) The 

name, address, and telephone number of 

the requestor or petitioner; (2) the 

nature of the requestor’s/petitioner’s 

right under the Act to be made a party 

to the proceeding; (3) the nature and 

extent of the requestor’s/petitioner’s 

property, financial, or other interest in 

the proceeding; and (4) the possible 

effect of any decision or order which 

may be issued in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also set forth the specific 

contentions which the requestor/ 

petitioner seeks to have litigated at 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 requestor/petitioner shall 

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 requestor/petitioner 

intends to rely in proving the contention 

at the hearing. The requestor/petitioner 

must also provide references to those 

specific sources and documents of 

which the petitioner is aware and on 

which the requestor/petitioner intends 

to rely to establish those facts or expert 

opinion. The petition must include 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact. Contentions shall be limited to 

matters within the scope of the 

amendment under consideration. The 

contention must be one which, if 

proven, would entitle the requestor/ 

petitioner to relief. A requestor/ 

petitioner who fails to satisfy these 

requirements 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, and have the opportunity to 

participate fully in the conduct of the 

hearing. 

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 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, then any hearing held 

would take place before the issuance of 

any amendment. 

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 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. 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 request (1) a digital 

identification (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 NRCissued 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. 


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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 21597 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public Web site at http:// 

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

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in the 

NRC’s ‘‘Guidance for Electronic 

Submission,’’ which is available on the 

agency’s public Web site at http:// 

www.nrc.gov/site-help/esubmittals.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 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 the Electronic 

Information Exchange System, users 

will be required to install a Web 

browser plug-in from the NRC’s Web 

site. Further information on the Webbased 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/esubmittals.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 the NRC 

guidance available on the NRC’s public 

Web site at http://www.nrc.gov/sitehelp/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 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 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’s Web site at http: 

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

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

electronic hearing docket which is 

available to the public at http:// 

ehd1.nrc.gov/ehd/, 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 the 

date of publication of this notice. Nontimely 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). 

For further details with respect to this 

amendment action, see the application 

for amendment which is available for 

public inspection at the NRC’s PDR, 

located at One White Flint North, Room 

O1–F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland 20852. 

Entergy Operations, Inc., Docket No. 50– 

382, Waterford Steam Electric Station, 

Unit 3, St. Charles Parish, Louisiana 

Date of amendment request: 

November 17, 2011, as supplemented by 

letter dated January 26, 2012. 

Description of amendment request: 

This license amendment request (LAR) 

contains Sensitive Unclassified NonSafeguards Information (SUNSI). The 

LAR requests NRC review and approval 

for adoption of a new risk-informed, 

performance-based (RI–PB) fire 

protection licensing basis for Waterford 

Steam Electric Station, Unit 3. The 

request is submitted in accordance with 

the requirements in 10 CFR 50.48(a) and 

(c), and the guidance in NRC Regulatory 

Guide (RG) 1.205, ‘‘Risk-Informed 

Performance-Based Fire Protection for 

Existing Light-Water Nuclear Power 

Plants,’’ National Fire Protection 

Association (NFPA) 805, ‘‘PerformanceBased Standard for Fire Protection for 

Light Water Reactor Electric Generating 

Plants (2001),’’ and Nuclear Energy 

Institute (NEI) 04–02, ‘‘Guidance for 

Implementing a Risk-Informed, 

Performance-Based Fire Protection 

Program under 10 CFR 50.48(c).’’ 

Basis for proposed no significant 

hazards consideration determination: 

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: 

Criterion 1: The Proposed Change Does Not 

Involve a Significant Increase in the 

Probability or Consequences of an Accident 

Previously Evaluated 

Operation of the Waterford Steam Electric 

Station, Unit 3 (Waterford 3) in accordance 

with the proposed amendment does not 

result in a significant increase in the 

probability or consequences of accidents 

previously evaluated. The proposed 

amendment does not affect accident initiators 


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21598 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 

or precursors as described in the Waterford 

3 Updated Final Safety Analysis Report 

(UFSAR), nor does it adversely alter design 

assumptions, conditions, or configurations of 

the facility, and it does not adversely impact 

the ability of structures, systems, or 

components (SSCs) to perform their intended 

function to mitigate the consequences of an 

initiating event within the assumed 

acceptance limits. The proposed changes do 

not affect the way in which safety-related 

systems perform their functions as required 

by the accident analysis. The SSCs required 

to safely shut down the reactor and to 

maintain it in a safe shutdown condition will 

remain capable of performing their design 

functions. 

The purpose of this amendment is to 

permit Waterford 3 to adopt a new riskinformed, performance-based fire protection 

licensing basis that complies with the 

requirements in 10 CFR 50.48(a) and 10 CFR 

50.48(c), as well as the guidance contained in 

Regulatory Guide (RG) 1.205. The NRC 

considers that NFPA 805 provides an 

acceptable methodology and performance 

criteria for licensees to identify fire 

protection requirements that are an 

acceptable alternative to the 10 CFR Part 50, 

Appendix R, fire protection features (69 FR 

33536; June 16, 2004). Engineering analyses, 

which may include engineering evaluations, 

probabilistic risk assessments, and fire 

modeling calculations, have been performed 

to demonstrate that the performance-based 

requirements of NFPA 805 have been met. 

NFPA 805, taken as a whole, provides an 

acceptable alternative for satisfying General 

Design Criterion 3 (GDC 3) of Appendix A to 

10 CFR Part 50, meets the underlying intent 

of the NRC’s existing fire protection 

regulations and guidance, and achieves 

defense-in-depth along with the goals, 

performance objectives, and performance 

criteria specified in NFPA 805, Chapter 1. In 

addition, if there are any increases in core 

damage frequency (CDF) or risk as a result of 

the transition to NFPA 805, the increase will 

be small, governed by the delta risk 

requirements of NFPA 805, and consistent 

with the intent of the Commission’s Safety 

Goal Policy. 

Based on the above, the implementation of 

this amendment to transition the Fire 

Protection Plan (FPP) at Waterford 3 to one 

based on NFPA 805, in accordance with 10 

CFR 50.48(c), does not result in a significant 

increase in the probability of any accident 

previously evaluated. In addition, all 

equipment required to mitigate an accident 

remains capable of performing the assumed 

function. 

Therefore, the consequences of any 

accident previously evaluated are not 

significantly increased with the 

implementation of this amendment. 

Criterion 2: The Proposed Change Does Not 

Create the Possibility of a New or Different 

Kind of Accident from Any Accident 

Previously Evaluated 

Operation of Waterford 3 in accordance 

with the proposed amendment does not 

create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. Any scenario or 

previously analyzed accident with offsite 

dose consequences was included in the 

evaluation of design basis accidents (DBA) 

documented in the UFSAR as a part of the 

transition to NFPA 805. The proposed 

amendment does not impact these accident 

analyses. The proposed change does not alter 

the requirements or functions for systems 

required during accident conditions, nor 

does it alter the required mitigation 

capability of the fire protection program, or 

its functioning during accident conditions as 

assumed in the licensing basis analyses and/ 

or DBA radiological consequences 

evaluations. 

The proposed amendment does not 

adversely affect accident initiators nor alter 

design assumptions, or conditions of the 

facility. The proposed amendment does not 

adversely affect the ability of SSCs to perform 

their design function. SSCs required to 

maintain the unit in a safe and stable 

condition remain capable of performing their 

design functions. 

The purpose of the proposed amendment 

is to permit Waterford 3 to adopt a new fire 

protection licensing basis which complies 

with the requirements in 10 CFR 50.48(a) and 

(c) and the guidance in Revision 1 of RG 

1.205. As indicated in the Statements of 

Consideration, the NRC considers that NFPA 

805 provides an acceptable methodology and 

performance criteria for licensees to identify 

fire protection systems and features that are 

an acceptable alternative to the 10 CFR Part 

50 Appendix R fire protection features. 

The requirements in NFPA 805 address 

only fire protection and the impacts of fire 

effects on the plant have been evaluated. The 

proposed fire protection program changes do 

not involve new failure mechanisms or 

malfunctions that could initiate a new or 

different kind of accident beyond those 

already analyzed in the UFSAR. Based on 

this, as well as the discussion above, the 

implementation of this amendment to 

transition the FPP at Waterford 3 to one 

based on NFPA 805, in accordance with 10 

CFR 50.48(c), does not create the possibility 

of a new or different kind of accident from 

any accident previously evaluated. 

Criterion 3: The Proposed Change Does Not 

Involve a Significant Reduction in a Margin 

of Safety 

Operation of Waterford 3 in accordance 

with the proposed amendment does not 

involve a significant reduction in a margin of 

safety. The transition to a new risk-informed, 

performance-based fire protection licensing 

basis that complies with the requirements in 

10 CFR 50.48(a) and 10 CFR 50.48(c) does not 

alter the manner in which safety limits, 

limiting safety system settings, or limiting 

conditions for operation are determined. The 

safety analysis acceptance criteria are not 

affected by this change. The proposed 

amendment does not adversely affect existing 

plant safety margins or the reliability of 

equipment assumed in the UFSAR to 

mitigate accidents. The proposed change 

does not adversely impact systems that 

respond to safely shut down the plant and 

maintain the plant in a safe shutdown 

condition. In addition, the proposed 

amendment will not result in plant operation 

in a configuration outside the design basis for 

an unacceptable period of time without 

implementation of appropriate compensatory 

measures. 

The purpose of the proposed amendment 

is to permit Waterford 3 to adopt a new fire 

protection licensing basis which complies 

with the requirements in 10 CFR 50.48(a) and 

(c) and the guidance in Regulatory Guide 

1.205. The NRC considers that NFPA 805 

provides an acceptable methodology and 

performance criteria for licensees to identify 

fire protection systems and features that are 

an acceptable alternative to the 10 CFR Part 

50 Appendix R required fire protection 

features (69 FR 33536; June 16, 2004). 

The risk evaluations for plant changes, in 

part as they relate to the potential for 

reducing a safety margin, were measured 

quantitatively for acceptability using the 

delta risk guidance contained in RG 1.205. 

Engineering analyses, which may include 

engineering evaluations, probabilistic safety 

assessments, and fire modeling calculations, 

have been performed to demonstrate that the 

performance-based methods of NFPA 805 do 

not result in a significant reduction in the 

margin of safety. 

As such, the proposed changes are 

evaluated to ensure that risk and safety 

margins are kept within acceptable limits. 

Based on the above, the implementation of 

this amendment to transition the FPP at 

Waterford 3 to one based on NFPA 805, in 

accordance with 10 CFR 50.48(c), will not 

significantly reduce a margin of safety. 

The NRC staff has reviewed the 

licensee’s analysis and, based on this 

review, it appears that the three 

standards of 10 CFR 50.92(c) are 

satisfied. Therefore, the NRC staff 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. 

Attorney for licensee: Joseph A. 

Aluise, Associate General Counsel— 

Nuclear, Entergy Services, Inc., 639 

Loyola Avenue, New Orleans, Louisiana 

70113. 

NRC Branch Chief: Michael T. 

Markley. 

Omaha Public Power District, Docket 

No. 50–285, Fort Calhoun Station, Unit 

1, Washington County, Nebraska 

Date of amendment request: 

September 28, 2011, as supplemented 

by letters dated December 19 and 22, 

2011. 

Description of amendment request: 

This amendment request contains 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI). The proposed 

amendment would adopt National Fire 

Protection Association (NFPA) 805, 

‘‘Performance-Based Standard for Fire 

Protection for Light Water Reactor 

Generating Plants’’ (2001 Edition). 

Implementation of the regulatory 

actions presented in the attachments to 

the license amendment request will 

enable Fort Calhoun Station, Unit 1 

(FCS), to adopt a new fire protection 

licensing basis which complies with the 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 21599 

requirements in 10 CFR 50.48(a), 10 

CFR 50.48(c), and the guidance in NRC 

Regulatory Guide (RG) 1.205, Revision 

1, ‘‘Risk-Informed, Performance-Based 

Fire Protection for Existing Light-Water 

Nuclear Power Plants,’’ December 2009, 

and Nuclear Energy Institute (NEI) 04– 

02, ‘‘Guidance for Implementing a RiskInformed, Performance-Based Fire 

Protection Program under 10 CFR 

50.48(c).’’ 

Basis for proposed no significant 

hazards consideration determination: 

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. 

Operation of FCS in accordance with the 

proposed amendment does not increase the 

probability or consequences of accidents 

previously evaluated. Engineering analyses, 

which may include engineering evaluations, 

probabilistic safety assessments, and fire 

modeling calculations, have been performed 

to demonstrate that the performance-based 

requirements of National Fire Protection 

Association (NFPA) 805 have been satisfied. 

The Updated Safety Analysis Report (USAR) 

documents the analyses of design basis 

accidents (DBA) at FCS. The proposed 

amendment does not adversely affect 

accident initiators nor alter design 

assumptions, conditions, or configurations of 

the facility and does not adversely affect the 

ability of structures, systems, or components 

(SSCs) to perform their design functions. 

SSCs required to safety shutdown the reactor 

and to maintain it in a safe shutdown 

condition will remain capable of performing 

their design functions. 

The purpose of the proposed amendment 

is to permit FCS to adopt a new fire 

protection licensing basis which complies 

with the requirements of 10 CFR 50.48(a) and 

(c) and the guidance in RG 1.205, Revision 

0. The Nuclear Regulatory Commission 

(NRC) considers that NFPA 805 provides an 

acceptable methodology and performance 

criteria for licensees to identify fire 

protection requirements that are an 

acceptable alternative to the 10 CFR Part 50 

Appendix R required fire protection features 

(69 FR 33536; June 16, 2004). Engineering 

analyses, which may include engineering 

evaluations, probabilistic safety assessments, 

and fire modeling calculations, have been 

performed to demonstrate that the 

performance based requirements of NFPA 

805 have been met. 

NFPA 805 taken as a whole, provides an 

acceptable alternative for satisfying General 

Design Criterion (GDC) 3 of 10 CFR Part 50, 

Appendix A. NFPA 805 meets the underlying 

intent of the NRC’s existing fire protection 

regulations and guidance, and achieves 

defense-in-depth and the goals, performance 

objectives, and performance criteria specified 

in Chapter 1 of the standard. Under the 

standard, if there are any increases in core 

damage frequency (CDF) or risk, the increase 

will be small and consistent with the intent 

of the Commission’s Safety Goal Policy. 

Based on this, the implementation of the 

proposed amendment does not increase the 

probability of any accident previously 

evaluated. Equipment required to mitigate an 

accident remains capable of performing the 

assumed function. The proposed amendment 

will not affect the source term, containment 

isolation, or radiological release assumptions 

used in evaluating the radiological 

consequences of any accident previously 

evaluated. The applicable radiological dose 

criteria will continue to be met. 

Therefore, the consequences of any 

accident previously evaluated are not 

increased with the implementation of the 

proposed amendment. 

2. Does the proposed change create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

Operation of FCS in accordance with the 

proposed amendment does not create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated. Any scenario or previously 

analyzed accident with off-site dose was 

included in the evaluation of DBAs 

documented in the USAR. The proposed 

change does not alter the requirements or 

function for systems required during accident 

conditions. Implementation of the new fire 

protection licensing basis which complies 

with the requirements of 10 CFR 50.48(a) and 

(c) and the guidance in RG 1.205, Revision 

0, will not result in new or different 

accidents. 

The proposed amendment does not 

adversely affect accident initiators nor alter 

design assumptions, conditions, or 

configurations of the facility. The proposed 

amendment does not adversely affect the 

ability of SSCs to perform their design 

function. SSCs required to safely shutdown 

the reactor and maintain it in a safe 

shutdown condition remain capable of 

performing their design functions. 

The purpose of the proposed amendment 

is to permit FCS to adopt a new fire 

protection licensing basis which complies 

with the requirements of 10 CFR 50.48(a) and 

(c) and the guidance in RG 1.205, Revision 

0. The NRC considers that NFPA 805 

provides an acceptable methodology and 

performance criteria for licensees to identify 

fire protection requirements that are an 

acceptable alternative to the 10 CFR Part 50, 

Appendix R required fire protection features 

(69 FR 33536; June 16, 2004). Engineering 

analyses, which may include engineering 

evaluations, probabilistic safety assessments, 

and fire modeling calculations, have been 

performed to demonstrate that the 

performance based requirements of NFPA 

805 have been met. 

The requirements of NFPA 805 address 

only fire protection and the impacts of fire 

on the plant that have previously been 

evaluated. Based on this, the implementation 

of the proposed amendment does not create 

the possibility of a new or different kind of 

accident from any kind of accident 

previously evaluated. No new accident 

scenarios, transient precursors, failure 

mechanisms, or limiting single failures will 

be introduced as a result of this amendment. 

There will be no adverse effect or challenges 

imposed on any safety-related system as a 

result of this amendment. 

Therefore, the possibility of a new or 

different kind of accident from any kind of 

accident previously evaluated is not created 

with the implementation of this amendment. 

3. Does the proposed change involve a 

significant reduction in a margin of safety? 

Response: No. 

Operation of FCS in accordance with the 

proposed amendment does not involve a 

significant reduction in the margin of safety. 

The risk evaluation of plant changes, as 

appropriate, were measured quantitatively 

for acceptability using the DCDF and DLarge 

Early Release Fraction (DLERF) criteria from 

Section 5.3.5 of NEI 04–02 and RG 1.205. The 

proposed amendment does not alter the 

manner in which safety limits, limiting safety 

system settings, or limiting conditions for 

operation are determined. The safety analysis 

acceptance criteria are not affected by this 

change. The proposed amendment does not 

adversely affect existing plant safety margins 

or the reliability of equipment assumed to 

mitigate accidents in the USAR. This 

amendment does not adversely affect the 

ability of SSCs to perform their design 

function. SSCs required to safely [shut down] 

the reactor and to maintain it in a safe 

shutdown condition remain capable of 

performing their design functions. 

The purpose of the proposed amendment 

is to permit FCS to adopt a new fire 

protection licensing basis which complies 

with the requirements in 10 CFR 50.48(a) and 

(c) and the guidance in RG 1.205, Revision 

0. The NRC considers that NFPA 805 

provides an acceptable methodology and 

performance criteria for licensees to identify 

fire protection requirements that are an 

acceptable alternative to the 10 CFR Part 50 

Appendix R required fire protection features 

(69 FR 33536; June 16, 2004). Engineering 

analyses, which may include engineering 

evaluations, probabilistic safety assessments, 

and fire modeling calculations, have been 

performed to demonstrate that the 

performance based requirements of NFPA 

805 have been met. 

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. 

Attorney for licensee: David A. Repka, 

Esq., Winston & Strawn, 1700 K Street, 

NW., Washington, DC 20006–3817. 

NRC Branch Chief: Michael T. 

Markley. 


srobinson on DSK4SPTVN1PROD with NOTICES
21600 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 

1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

filing requirements of the NRC’s ‘‘E–Filing Rule,’’ 

the initial request to access SUNSI under these 

procedures should be submitted as described in this 

paragraph. 

2Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must 

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

3Requestors 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. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

Entergy Operations, Inc., Docket No. 50– 

382, Waterford Steam Electric Station, 

Unit 3, St. Charles Parish, Louisiana 

Omaha Public Power District, Docket 

No. 50–285, Fort Calhoun Station, Unit 

1, Washington County, Nebraska 

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 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 requestor’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention. 

D. Based on an evaluation of the 

information submitted under paragraph 

C.(3) the NRC staff will determine 

within 10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requestor has established a 

legitimate need for access to SUNSI. 

E. If the NRC staff determines that the 

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

above, the NRC staff will notify the 

requestor in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requestor may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 2 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

F. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI must be filed by the requestor no 

later than 25 days after 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 after a 

determination on standing and need for 

access, 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

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 3rd day 

of April, 2012. 

For the Nuclear Regulatory Commission. 

Andrew L. Bates, 

Acting Secretary of the Commission. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 21601 

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. 

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. 2012–8464 Filed 4–9–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2012–0002] 

Sunshine Act Meeting 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission; [NRC–2012– 

0002]. 

DATE: Weeks of April 9, 16, 23, 30, May 

7, 14, 2012. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of April 9, 2012 

Tuesday, April 10, 2012 

9 a.m. Briefing on the Final Report of 

the Blue Ribbon Commission on 

America’s Nuclear Future (Public 

Meeting), (Contact: Alicia Mullins, 

301–492–3351). 

This meeting will be webcast live at 

the Web address—www.nrc.gov 

Week of April 16, 2012—Tentative 

There are no meetings scheduled for 

the week of April 16, 2012. 

Week of April 23, 2012—Tentative 

Tuesday, April 24, 2012 

9 a.m. Briefing on Part 35 Medical 

Events Definitions—Permanent 

Implant Brachytherapy (Public 

Meeting), (Contact: Michael Fuller, 

301–415–0520). 

This meeting will be webcast live at 

the Web address—www.nrc.gov 

Week of April 30, 2012—Tentative 

Monday, April 30, 2012 

9:30 a.m. Briefing on Human Capital 

and Equal Employment Opportunity 

(EEO) (Public Meeting) (Contact: 

Kristin Davis, 301–492–2208). 

This meeting will be webcast live at 

the Web address—www.nrc.gov 

Week of May 7, 2012—Tentative 

Friday, May 11, 2012 

9 a.m. Briefing on Potential Medical 

Isotope Production Licensing Actions 

(Public Meeting) (Contact: Jessie 

Quichocho, 301–415–0209). 

This meeting will be webcast live at 

the Web address—www.nrc.gov 

Week of May 14, 2012—Tentative 

There are no meetings scheduled for 

the week of May 14, 2012. 

* * * * * 

*The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—301–415–1292. 

Contact person for more information: 

Rochelle Bavol, 301–415–1651. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/public-involve/ 

public-meetings/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify Bill 

Dosch, Chief, Work Life and Benefits 

Branch, at 301–415–6200, TDD: 301– 

415–2100, or by email at 


srobinson on DSK4SPTVN1PROD with NOTICES