[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Pages 5816-5822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01445]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0007]


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.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of three amendment requests. The amendment 
requests are for Catawba Nuclear Station, Units 1 and 2; McGuire 
Nuclear Station, Units 1 and 2; Oconee Nuclear Station, Units 1, 2, and 
3; Perry Nuclear Plant, Unit 1; and Browns Ferry Nuclear Plant, Unit 2. 
The NRC proposes to determine that each amendment request involves no 
significant hazards consideration. In addition, each amendment request 
contains sensitive unclassified non-safeguards information (SUNSI).

DATES: Comments must be filed by March 2, 2015. A request for a hearing 
must be filed by March 31, 2015. Any potential party as defined in 
Sec.  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 February 9, 2015.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0007. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#347755465b581a7355585855535c5146745a46571a535b42"><span class="__cf_email__" data-cfemail="5a193b283536741d3b36363b3d323f281a342839743d352c">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: 3WFN-06-A44M, 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: Mable A. Henderson, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-3760, email: <a href="/cdn-cgi/l/email-protection#367b57545a53187e53585253444559587658445518515940"><span class="__cf_email__" data-cfemail="3d705c5f51581375585359584f4e52537d534f5e135a524b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0007 when contacting the NRC 
about the availability of information regarding this document. You may 
obtain publicly-available information related to this action by the 
following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0007.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available 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 <a href="/cdn-cgi/l/email-protection#e8988c9ac69a8d9b879d9a8b8da8869a8bc68f879e"><span class="__cf_email__" data-cfemail="c3b3a7b1edb1a6b0acb6b1a0a683adb1a0eda4acb5">[email protected]</span></a>. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
    <bullet> 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-2015-0007, facility name, unit 
number(s), application date, and subject 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 posts all comment submissions at http://www.regulations.gov as well as entering 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 submissions into ADAMS.

II. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC 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.

III. 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

[[Page 5817]]

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 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. 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 a notice of issuance in 
the Federal Register. 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.

A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    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 ``Agency 
Rules of Practice and Procedure'' 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/doc-collections/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 entered 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 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.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#94fcf1f5e6fdfaf3baf0fbf7fff1e0d4fae6f7baf3fbe2"><span class="__cf_email__" data-cfemail="9ff7fafeedf6f1f8b1fbf0fcf4faebdff1edfcb1f8f0e9">[email protected]</span></a>, or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or

[[Page 5818]]

representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal 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/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not 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 Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an 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 NRC'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 public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
<a href="/cdn-cgi/l/email-protection#afe2fce7eb81fdcadcc0daddcccaefc1ddcc81c8c0d9"><span class="__cf_email__" data-cfemail="773a243f335925120418020514123719051459101801">[email protected]</span></a>, or by a toll-free 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. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. 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. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day 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)-(iii).
    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. Publicly 
available documents created or received at the NRC are accessible 
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there 
are problems in accessing the documents located in ADAMS, contact the 
PDR's Reference staff at 1-800-397-4209, 301-415-4737, or by email to 
<a href="/cdn-cgi/l/email-protection#611105134f1304120e14130204210f13024f060e17"><span class="__cf_email__" data-cfemail="5c2c382e722e392f33292e3f391c322e3f723b332a">[email protected]</span></a>.
Duke Energy Carolinas, LLC, Docket Nos. 50-413 and 50-414, Catawba 
Nuclear Station, Units 1 and 2, York County, South Carolina; Docket 
Nos. 50-369 and 50-370, McGuire Nuclear Station, Units 1 and 2, 
Mecklenburg County, North Carolina; and Docket Nos. 50-269, 50-270, and 
50-287, Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South 
Carolina
    Date of amendment request: November 6, 2014. A publicly-available 
version is in ADAMS under Accession No. ML14314A041.
    Description of amendment request: This amendment request contains

[[Page 5819]]

sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the completion date for Milestone 8 of the Cyber 
Security Plan (CSP) for the subject facilities.
    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.
    The amendment proposes a change to Milestone 8 schedule date, as 
set forth in the Cyber Security Plan (CSP) implementation schedule. 
The revision of the schedule date for the CSP does not involve 
modifications to any safety related structures, systems, or 
components (SSCs). Rather, the implementation schedule provides a 
timetable for fully implementing the CSP. The CSP describes how the 
requirements of [Title 10 of the Code of Federal Regulations (10 
CFR), Section] 73.54 are to be implemented to identify, evaluate, 
and mitigate cyber-attacks up to and including the design basis 
cyber-attack threat, thereby achieving high assurance that the 
facility digital computer and communications systems and networks 
are protected from cyber-attacks. The revision of the CSP 
implementation schedule will not alter previously evaluated design 
basis accident analysis assumptions, add any accident initiators, 
modify the function of the plant safety related SSCs, or affect how 
any plant safety-related SSCs are operated, maintained, modified, 
tested, or inspected. Further, based on the efforts accomplished to 
date in implementing CSP Milestones 1 through 7, Duke Energy 
believes that the proposed schedule change will have no adverse 
effect on safety.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously analyzed.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The amendment proposes a change to the Milestone 8 schedule 
date, as set forth in the [CSP] implementation schedule. The 
implementation of the [CSP] does not introduce new equipment that 
could create a new or different kind of accident, and no new 
equipment failure modes are created. No new accident scenarios, 
failure mechanisms, or limiting single failures are introduced as a 
result of this proposed amendment. Further based on the efforts 
accomplished to date in implementing CSP Milestones 1 through 7, 
Duke Energy believes that the proposed schedule will have no adverse 
effect on safety.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in 
the margin of safety?
    Response: No.
    Plant safety margins are established through limiting conditions 
for operation, limiting safety settings, and safety limits specified 
in the technical specifications. The proposed change revises the 
[CSP] implementation schedule. Because there is no change to these 
established safety margins as a result of this change, the proposed 
change does not involve a significant reduction in a margin of 
safety. Therefore, the proposed change does not involve a 
significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Lara S. Nichols, Associate General Counsel, 
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, 
North Carolina 28202.
    NRC Branch Chief: Robert J. Pascarelli.
FirstEnergy Nuclear Operating Company, Docket No. 50-440, Perry Nuclear 
Power Plant, Unit 1, Lake County, Perry, Ohio
    Date of amendment request: September 12, 2014. A publicly-available 
version is in ADAMS under Accession No. ML14289A119.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the Technical Specification (TS) safety limit 
minimum critical power ratio (SLMCPR) during single recirculation loop 
operation value to support the use of Global Nuclear Fuel-2 fuel 
following the next refueling outage.
    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 amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed SLMCPR value will continue to ensure that during 
normal operation and anticipated operational occurrences, at least 
99.9 percent of the fuel rods in the core do not experience 
transition boiling if the limit is not violated, thereby preserving 
the fuel cladding integrity. The proposed TS change does not involve 
any modifications or operational changes to structures, systems, or 
components (SSC). The proposed TS change does not affect any 
postulated accident precursors, does not affect any accident 
mitigating systems, does not introduce any new accident initiation 
mechanisms, and does not affect the consequences of any postulated 
accident.
    Therefore, the proposed TS change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed TS change does not involve any modifications or 
operational changes to any SSC. No new modes of plant operation are 
created. The proposed TS change does not introduce any new accident 
initiation mechanisms.
    Therefore, the proposed TS change does not create the 
possibility of a new or different kind of accident from any 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed SLMCPR value continues to ensure that during normal 
operation and during anticipated operational occurrences, at least 
99.9 percent of all fuel rods in the core do not experience 
transition boiling if the limit is not violated, thereby preserving 
the fuel cladding integrity. The proposed TS change does not involve 
modifications or operational changes that could adversely affect the 
function or performance of an SSC. The proposed TS change does not 
affect any postulated accident precursors, does not affect any 
accident mitigating systems, does not introduce any new accident 
initiation mechanisms and does not affect the consequences of any 
postulated accident.
    Therefore, the proposed TS changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: David W. Jenkins, Attorney, FirstEnergy 
Corporation, Mail Stop. A-GO-15, 76 South Main Street, Akron, Ohio 
44308.
    NRC Branch Chief: Travis L. Tate.
Tennessee Valley Authority (TVA), Docket No. 50-260, Browns Ferry 
Nuclear Plant (BFN), Unit 2, Limestone County, Alabama
    Date of amendment request: June 19, 2014. A publicly-available 
version is in ADAMS under Accession No. ML14175A307, as supplemented by 
letter dated December 2, 2014 (publicly-available version is in ADAMS 
under Accession No. ML14336A691).

[[Page 5820]]

    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
license amendment would revise the Technical Specifications (TSs) for 
Limiting Condition for Operation (LCO) 3.4.9, ``RCS [Reactor Coolant 
System] Pressure and Temperature (P/T) Limits.'' The TVA submitted this 
license amendment request to satisfy a commitment to prepare and submit 
revised BFN Unit 2 P/T limits prior to the start of the period of 
extended operation, as discussed in Section 4.2.5 provided in ``Browns 
Ferry Nuclear Plant (BFN)--Units 1, 2 and 3--Application for Renewed 
Operating Licenses,'' dated December 31, 2003 (ADAMS Accession No. 
ML040060359).
    Specifically, the proposed change replaces the current sets of TS 
Figures 3.4.9-1, ``Pressure/Temperature Limits for Mechanical Heatup, 
Cooldown following Shutdown, and Reactor Critical Operations''; and 
3.4.9-2, ``Pressure/Temperature Limits for Reactor In-Service Leak and 
Hydrostatic Testing.'' The figures proposed to be replaced consist of 
two sets of P/T limit curves, one set valid up to 23 effective full-
power years (EFPYs) of operation and another set valid from 23 to 30 
EFPYs of operation. The proposed change replaces the current curves 
with a set of figures valid for operation up to 38 EFPYs and another 
set valid for operation from 38 EFPYs to 48 EFPYs.
    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 amendment involve a significant increase in 
the probability or consequences of any accident previously 
evaluated?
    Response: No.
    The proposed changes are accepted operating parameters that have 
been approved in previous license amendments. The changes to P/T 
curves were developed based on NRC approved methodologies. The 
proposed changes deal exclusively with the reactor vessel P/T 
curves, which define the permissible regions for operation and 
testing. Failure of the reactor vessel is not considered as a design 
basis accident. Through the design conservatisms used to calculate 
the P/T curves, reactor vessel failure has a low probability of 
occurrence and is not considered in the safety analyses. The 
proposed changes adjust the reference temperature for the limiting 
material to account for irradiation effects and provide the same 
level of protection as previously evaluated and approved.
    The adjusted reference temperature calculations were performed 
in accordance with the requirements of 10 CFR 50 Appendix G using 
the guidance contained in Regulatory Guide 1.190, ``Calculational 
and Dosimetry Methods for Determining Pressure Vessel Neutron 
Fluence,'' to reflect use of the operating limits to no more than 48 
Effective Full Power Years (EFPY). These changes do not alter or 
prevent the operation of equipment required to mitigate any accident 
analyzed in the BFN Final Safety Analysis Report. Therefore, the 
proposed change does not involve a significant increase in the 
probability or consequences of an accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes are accepted operating parameters that have 
been approved in previous license amendments. The changes to P/T 
curves were developed based on NRC approved methodologies. The 
proposed changes to the reactor vessel P/T curves do not involve a 
modification to plant equipment. No new failure modes are 
introduced. There is no effect on the function of any plant system, 
and no new system interactions are introduced by this change. 
Therefore, the proposed change does not create the possibility of a 
new or different kind of accident from any previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed changes are accepted operating parameters that have 
been approved in previous license amendments. The changes to P/T 
curves were developed based on NRC approved methodologies. The 
proposed curves conform to the guidance contained in Regulatory 
Guide 1.190, ``Calculational and Dosimetry Methods for Determining 
Pressure Vessel Neutron Fluence,'' and maintain the safety margins 
specified in 10 CFR 50 Appendix G. Therefore, the proposed change 
does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Drive, 6A West Tower, Knoxville, Tennessee 37902.
    Acting NRC Branch Chief: Lisa M. Regner.
Duke Energy Carolinas, LLC, Docket Nos. 50-413 and 50-414, Catawba 
Nuclear Station, Units 1 and 2, York County, South Carolina; Docket 
Nos. 50-369 and 50-370, McGuire Nuclear Station, Units 1 and 2, 
Mecklenburg County, North Carolina; and Docket Nos. 50-269, 50-270, and 
50-287, Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South 
Carolina
FirstEnergy Nuclear Operating Company, Docket No. 50-440, Perry Nuclear 
Power Plant, Unit 1, Lake County, Perry, Ohio
Tennessee Valley Authority, Docket No. 50-260, Browns Ferry Nuclear 
Plant, Unit 2, Limestone County, Alabama, Order Imposing Procedures for 
Access to Sensitive Unclassified Non-Safeguards Information for 
Contention Preparation
    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing 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 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, 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="afe7caceddc6c1c881ebc0ccc4cadbefc1ddcc81c8c0d9">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#3a757d79575b5356595f544e5f487a544859145d554c"><span class="__cf_email__" data-cfemail="08474f4b656961646b6d667c6d7a48667a6b266f677e">[email protected]</span></a>, 
respectively.\1\

[[Page 5821]]

The request must include the following information:
---------------------------------------------------------------------------

    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); 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.
---------------------------------------------------------------------------

    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    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. 
This provision does not extend the time for filing a request for a 
hearing and petition to intervene, which must comply with the 
requirements of 10 CFR 2.309.
    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 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) officer if that officer has been 
designated to rule on information access issues.
    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 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\
---------------------------------------------------------------------------

    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI request submitted to the NRC staff under these 
procedures.
---------------------------------------------------------------------------

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

     Dated at Rockville, Maryland, this 21 day of January, 2015.

    For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting, 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).

[[Page 5822]]

 
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
                                     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. 2015-01445 Filed 2-2-15; 8:45 am]
BILLING CODE 7590-01-P


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