46094 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices 

Foundation (NSF) announces the 

following meeting: 

Name and Committee Code: 

Astronomy and Astrophysics Advisory 

Committee (#13883) meeting 

(Teleconference). 

Date and Time: October 23, 2017; 3:00 

p.m.–4:00 p.m. EDT. 

Place: National Science Foundation, 

2415 Eisenhower Avenue, Alexandria, 

VA 22314 (Teleconference). 

Type of Meeting: Open. 

http://www.nsf.gov/mps/ast/aaac.jsp 

To join via Browser: 

https://bluejeans.com/996692403/ 

browser 

To join via phone: 

(1) Dial: 

+1.408.740.7256 

+1.888.240.2560 

+1.408.317.9253 

(see all numbers—http://

bluejeans.com/numbers) 

(2) Enter Conference ID: 996692403 

Contact Person: Dr. Christopher 

Davis, Program Director, Division of 

Astronomical Sciences, Suite W9136, 

National Science Foundation, 2415 

Eisenhower Avenue, Alexandria, VA 

22314; Telephone: 703–292–7165. 

Purpose of Meeting: The AAAC 

commissioned a subcommittee to 

develop a concept for implementing a 

ground-based Cosmic Microwave 

Background Stage 4 experiment. The 

Conceptual Design Team (CDT) will 

take as input the community CMB–S4 

Science Book and any further 

community information as appropriate, 

will consider the global landscape of 

CMB experiments, and provide a project 

strawman concept with options and 

alternatives. The purpose of the meeting 

is to discuss and accept the 

subcommittee report. 

Agenda: To discuss and accept the 

CMB Stage 4 CDT Task Force Report on 

behalf of NSF and DOE. 

Dated: September 27, 2017. 

Crystal Robinson, 

Committee Management Officer. 

[FR Doc. 2017–21125 Filed 10–2–17; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2017–0192] 

Applications and Amendments to 

Facility Operating Licenses and 

Combined Licenses Involving 

Proposed No Significant Hazards 

Considerations and Containing 

Sensitive Unclassified Non-Safeguards 

Information and Safeguards 

Information and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information and Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment request; 

opportunity to comment, request a 

hearing, and petition for leave to 

intervene; order imposing procedures. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) received and is 

considering approval of three 

amendment requests. The amendment 

requests are for Hope Creek Generating 

Station, R.E. Ginna Nuclear Power 

Plant, and Wolf Creek Generating 

Station. For each amendment request, 

the NRC proposes to determine that they 

involve no significant hazards 

consideration. Because the amendment 

requests contain sensitive unclassified 

non-safeguards information (SUNSI) 

and safeguards information (SGI), an 

order imposes procedures to obtain 

access to SUNSI and SGI for contention 

preparation. 

DATES: Comments must be filed by 

November 2, 2017. A request for a 

hearing must be filed by December 4, 

2017. Any potential party as defined in 

§ 2.4 of title 10 of the Code of Federal 

Regulations (10 CFR), who believes 

access to SUNSI and/or SGI is necessary 

to respond to this notice must request 

document access by October 13, 2017. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0192. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Mail comments to: Cindy Bladey, 

Office of Administration, Mail Stop: 

TWFN–8–D36M, 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: 

Lynn Ronewicz, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

1927, email: lynn.ronewicz@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2017– 

0192, facility name, unit number(s), 

plant docket number, application date, 

and subject when contacting the NRC 

about the availability of information for 

this action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0192. 

• NRC’s Agencywide Documents 

Access and Management System 

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

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced (if it is available in 

ADAMS) is provided the first time that 

it is mentioned in this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2017– 

0192, facility name, unit number(s), 

plant docket number, 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 will post all comment 

submissions at http://

www.regulations.gov, as well as enter 

the comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 


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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices 46095 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Background 

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 and/or 

SGI. 

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 

no significant hazards consideration. 

Under the Commission’s regulations in 

§ 50.92 of 10 CFR, 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 if circumstances 

change during the 30-day comment 

period such that failure to act in a 

timely way would result, for example, 

in derating or shutdown of the facility. 

If the Commission takes action prior to 

the expiration of either the comment 

period or the notice period, it will 

publish a notice of issuance in the 

Federal Register. If the Commission 

makes a final no significant hazards 

consideration determination, any 

hearing will take place after issuance. 

The Commission expects that the need 

to take this action will occur very 

infrequently. 

A. Opportunity To Request a Hearing 

and Petition for Leave To Intervene 

Within 60 days after the date of 

publication of this notice, any persons 

(petitioner) whose interest may be 

affected by this action may file a request 

for a hearing and petition for leave to 

intervene (petition) with respect to the 

action. Petitions shall be filed in 

accordance with the Commission’s 

‘‘Agency Rules of Practice and 

Procedure’’ in 10 CFR part 2. Interested 

persons should consult a current copy 

of 10 CFR 2.309. The NRC’s regulations 

are accessible electronically from the 

NRC Library on the NRC’s Web site at 

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

the regulations is available at the NRC’s 

Public Document Room, located at One 

White Flint North, Room O1–F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland 20852. If a petition is filed, 

the Commission or a presiding officer 

will rule on the petition and, if 

appropriate, a notice of a hearing will be 

issued. 

As required by 10 CFR 2.309(d) the 

petition should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements for 

standing: (1) The name, address, and 

telephone number of the petitioner; (2) 

the nature of the petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the petitioner’s property, financial, or 

other interest in the proceeding; and (4) 

the possible effect of any decision or 

order which may be entered in the 

proceeding on the petitioner’s interest. 

In accordance with 10 CFR 2.309(f), 

the petition must also set forth the 

specific contentions which the 

petitioner seeks to have litigated in the 

proceeding. Each contention must 

consist of a specific statement of the 

issue of law or fact to be raised or 

controverted. In addition, the petitioner 

must provide a brief explanation of the 

bases for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner must also 

provide references to the specific 

sources and documents on which the 

petitioner intends to rely to support its 

position on the issue. The petition must 

include sufficient information to show 

that a genuine dispute exists with the 

applicant or licensee on a material issue 

of law or fact. Contentions must be 

limited to matters within the scope of 

the proceeding. The contention must be 

one which, if proven, would entitle the 

petitioner to relief. A petitioner who 

fails to satisfy the requirements at 10 

CFR 2.309(f) with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene. Parties have the opportunity 

to participate fully in the conduct of the 

hearing with respect to resolution of 

that party’s admitted contentions, 

including the opportunity to present 

evidence, consistent with the NRC’s 

regulations, policies, and procedures. 

Petitions must be filed no later than 

60 days from the date of publication of 

this notice. Petitions and motions for 

leave to file new or amended 

contentions that are filed after the 

deadline will not be entertained absent 

a determination by the presiding officer 

that the filing demonstrates good cause 

by satisfying the three factors in 10 CFR 

2.309(c)(1)(i) through (iii). The petition 

must be filed in accordance with the 

filing instructions in the ‘‘Electronic 

Submissions (E-Filing)’’ section of this 

document. 

If a hearing is requested, and the 

Commission has not made a final 

determination on the issue of no 

significant hazards consideration, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to 

establish when the hearing is held. If the 

final determination is that the 

amendment request involves no 

significant hazards consideration, the 

Commission may issue the amendment 

and make it immediately effective, 


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46096 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices 

notwithstanding the request for a 

hearing. Any hearing would take place 

after issuance of the amendment. If the 

final determination is that the 

amendment request involves a 

significant hazards consideration, then 

any hearing held would take place 

before the issuance of the amendment 

unless the Commission finds an 

imminent danger to the health or safety 

of the public, in which case it will issue 

an appropriate order or rule under 10 

CFR part 2. 

A State, local governmental body, 

Federally-recognized Indian Tribe, or 

agency thereof, may submit a petition to 

the Commission to participate as a party 

under 10 CFR 2.309(h)(1). The petition 

should state the nature and extent of the 

petitioner’s interest in the proceeding. 

The petition should be submitted to the 

Commission no later than 60 days from 

the date of publication of this notice. 

The petition must be filed in accordance 

with the filing instructions in the 

‘‘Electronic Submissions (E-Filing)’’ 

section of this document, and should 

meet the requirements for petitions set 

forth in this section, except that under 

10 CFR 2.309(h)(2), a State, local 

governmental body, or Federallyrecognized Indian Tribe, or agency 

thereof does not need to address the 

standing requirements in 10 CFR 

2.309(d) if the facility is located within 

its boundaries. Alternatively, a State, 

local governmental body, Federallyrecognized Indian Tribe, or agency 

thereof may participate as a non-party 

under 10 CFR 2.315(c). 

If a hearing is granted, any person 

who is not a party to the proceeding and 

is not affiliated with or represented by 

a party may, at the discretion of the 

presiding officer, be permitted to make 

a limited appearance pursuant to the 

provisions of 10 CFR 2.315(a). A person 

making a limited appearance may make 

an oral or written statement of his or her 

position on the issues but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to the 

limits and conditions as may be 

imposed by the presiding officer. Details 

regarding the opportunity to make a 

limited appearance will be provided by 

the presiding officer if such sessions are 

scheduled. 

B. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing and petition for 

leave to intervene (petition), any motion 

or other document filed in the 

proceeding prior to the submission of a 

request for hearing or petition to 

intervene, and documents filed by 

interested governmental entities that 

request to participate under 10 CFR 

2.315(c), must be filed in accordance 

with the NRC’s E-Filing rule (72 FR 

49139; August 28, 2007, as amended at 

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

submit and serve all adjudicatory 

documents over the internet, or in some 

cases to mail copies on electronic 

storage media. Detailed guidance on 

making electronic submissions may be 

found in the Guidance for Electronic 

Submissions to the NRC and on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html. Participants 

may not submit paper copies of their 

filings unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

hearing.docket@nrc.gov, or by telephone 

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

identification (ID) certificate, which 

allows the participant (or its counsel or 

representative) to digitally sign 

submissions and access the E-Filing 

system for any proceeding in which it 

is participating; and (2) advise the 

Secretary that the participant will be 

submitting a petition or other 

adjudicatory document (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for the hearing in this proceeding 

if the Secretary has not already 

established an electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public Web site at http://

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

getting-started.html. Once a participant 

has obtained a digital ID certificate and 

a docket has been created, the 

participant can then submit 

adjudicatory documents. Submissions 

must be in Portable Document Format 

(PDF). Additional guidance on PDF 

submissions is available on the NRC’s 

public Web site at http://www.nrc.gov/ 

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

filing is considered complete at the time 

the document is submitted through the 

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

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. Eastern Time on the due date. 

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

and sends the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed so that they can 

obtain access to the documents via the 

E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

on the NRC’s public Web site at http:// 

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

Resource@nrc.gov, or by a toll-free call 

at 1–866–672–7640. The NRC Electronic 

Filing Help Desk is available between 9 

a.m. and 6 p.m., Eastern Time, Monday 

through Friday, excluding government 

holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing stating why there is good cause for 

not filing electronically and requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted by: (1) First class 

mail addressed to the Office of the 

Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing adjudicatory 

documents in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket which is 


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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices 46097 

available to the public at https://

adams.nrc.gov/ehd, unless excluded 

pursuant to an order of the Commission 

or the presiding officer. If you do not 

have an NRC-issued digital ID certificate 

as described above, click cancel when 

the link requests certificates and you 

will be automatically directed to the 

NRC’s electronic hearing dockets where 

you will be able to access any publiclyavailable documents in a particular 

hearing docket. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

personal phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. For example, in some 

instances, individuals provide home 

addresses in order to demonstrate 

proximity to a facility or site. With 

respect to copyrighted works, except for 

limited excerpts that serve the purpose 

of the adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

Exelon Generation Company, LLC, 

Docket No. 50–244, R.E. Ginna Nuclear 

Power Plant (Ginna), Wayne County, 

New York 

Date of amendment request: June 30, 

2017. A publicly-available version is in 

ADAMS under Accession No. 

ML17186A233. 

Description of amendment request: 

This amendment request contains 

safeguards information (SGI). The 

amendment would revise the 

modification to install overcurrent 

protection for the emergency diesel 

generators associated with the 

implementation of 10 CFR 50.48(c), 

National Fire Protection Association 

Standard 805 (NFPA 805), 

‘‘Performance-Based Standard for Fire 

Protection for Light-Water Reactor 

Electric Generating Plants,’’ 2001 

Edition. The amendment would also 

update Attachment C, ‘‘NEI 04–02 Table 

B–3 Fire Area Transition’’; Attachment 

G, ‘‘Recovery Actions Transition’’; 

Attachment M, ‘‘License Condition 

Changes’’; Attachment S, 

‘‘Modifications and Implementation 

Items’’; and Attachment W, ‘‘Fire PRA 

[Probabilistic Risk Assessment] 

Insights,’’ of the previously approved 

NFPA 805 amendment. 

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. 

Further consideration of committed 

modifications has resulted in the conclusion 

that the modification to install overcurrent 

protection, Engineering Service Request 

(ESR) 12–0141 (i.e., modification), is no 

longer required in the NFPA 805 project 

modification scope. The original purpose of 

the overcurrent protection modifications was 

to reduce fire risk by protecting the 

emergency diesel generations (EDGs) from 

fire-induced overcurrent events allowing 

local recovery of the EDGs. Several 

alternative means will be made available to 

provide the power for decay heat removal, 

RCS [reactor coolant system] inventory and 

reactivity control, as well as providing power 

to the vital battery chargers, long-term 

indication and control power, and breaker 

control. 

Operation of Ginna 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 NFPA 805 have been 

satisfied with the elimination of fire-induced 

overcurrent protection. The proposed 

amendment does not affect accident 

initiators, nor does it alter design 

assumptions, conditions, or configurations of 

the facility that would increase the 

probability of accidents previously evaluated. 

Further, the changes to be made for fire 

hazard protection and mitigation do not 

adversely affect the ability of structures, 

systems, or components to perform their 

design functions for accident mitigation, nor 

do they affect the postulated initiators or 

assumed failure models for accidents 

described and evaluated in the UFSAR 

[Updated Final Safety Analysis Report]. 

Structures, systems, or components required 

to safely shutdown the reactor and to 

maintain it in a safe shutdown condition will 

remain capable of performing their design 

functions. 

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, and 

equipment required to mitigate an accident 

remains capable of performing the assumed 

function(s). The applicable radiological dose 

criteria will continue to be met. 

The combination of all the proposed 

modifications and data updates reduces the 

overall calculated delta risk relative to the 

previously submitted information even with 

the removal of the fire-induced overcurrent 

modifications. The net Core Damage 

Frequency (CDF) delta risk including the 

internal events offset is 4E–6. The net Large 

Early Release Frequency (LERF) delta risk 

including the internal events offset is less 

than 1E–7. 

Based on the above discussion, it is 

concluded that the proposed amendment 

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 kind of accident 

previously evaluated? 

Response: No. 

The original purpose of the overcurrent 

protection modifications was to reduce the 

fire risk by protecting the EDGs from fireinduced overcurrent events allowing local 

recovery of the EDGs. Several alternative 

means will be made available to provide the 

power for decay heat removal, RCS inventory 

and reactivity control, as well as providing 

power to the vital battery chargers, long-term 

indication and control power, and breaker 

control in lieu of ESR–12–0141. Operation of 

Ginna in accordance with the proposed 

amendment does not create the possibility of 

a new or different kind of accident from any 

accident previously evaluated. The proposed 

change does not alter the requirements or 

functions for systems required during 

accident conditions. Implementation of this 

change will not result in new or different 

accidents. 

The proposed amendment does not 

introduce new or different accident initiators, 

nor does it alter design assumptions, 

conditions, or configurations of the facility in 

such a manner as to introduce new or 

different accident initiators. The proposed 

amendment does not adversely affect the 

ability of structures, systems, or components 

to perform their design function. Structures, 

systems, or components required to safely 

shutdown the reactor and maintain it in a 

safe shutdown condition remain capable of 

performing their design functions. 

The requirements of NFPA 805 address 

only fire protection and the impacts of fire 

on the plant that have previously been 

evaluated. Thus, implementation of the 

proposed amendment would not create the 

possibility of a new or different kind of 

accident beyond those already analyzed in 

the UFSAR. No new accident scenarios, 

transient precursors, failure mechanisms, or 

limiting single failures will be introduced, 

and there will be no adverse effect or 

challenges imposed on any safety-related 

system as a result of the proposed 

amendment. 

Based on the above discussion, it is 

concluded that the proposed amendment 

does not create the possibility of a new or 

different kind of accident from any accident 

previously evaluated. 

3. Does the proposed amendment involve 

a significant reduction in the margin of 

safety? 

Response: No. 

The purpose of the proposed amendment 

is to permit Ginna 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, Revision 1. 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 50, Appendix R required fire 

protection features (69 FR 33536; June 16, 


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46098 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices 

2004). The proposed change eliminates the 

overcurrent protection modifications which 

were intended to reduce fire risk by 

protecting the EDGs from fire-induced 

overcurrent events allowing local recovery of 

the EDGs. Several alternative means will be 

made available to provide the power for 

decay heat removal, RCS inventory and 

reactivity control, and vital auxiliaries such 

as providing power to the vital battery 

chargers, long-term indication and control 

power, and breaker control functions in lieu 

of ESR–12–0141. These alternative means 

will ensure that this change does not result 

in a significant reduction in the margin of 

safety. 

The overall approach of NFPA 805 is 

consistent with the key principles for 

evaluating license basis changes, as described 

in Regulatory Guide 1.174, Revision 2, is 

consistent with the defense-in-depth 

philosophy, and maintains sufficient safety 

margins. Engineering analysis, which may 

include engineering evaluations, 

probabilistic safety assessments, and fire 

modeling calculations, have been performed 

to demonstrate that the performance-based 

methods do not result in a significant 

reduction in the margin of safety. 

Operation of Ginna in accordance with the 

proposed amendment does not involve a 

significant reduction in the margin of safety. 

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 

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 accident sin 

the UFSAR. The proposed amendment does 

not adversely affect the ability of structures, 

systems, or components to perform their 

design function. Structures, systems, or 

components required to safely shut down the 

reactor and to maintain it in a safe shutdown 

condition remain capable of performing their 

design functions. 

Based on the above discussion, it is 

concluded that the proposed amendment 

does not involve a significant reduction in 

the 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: Tamra Domeyer, 

Associate General Counsel, Exelon 

Generation Company, LLC, 4300 

Winfield Road, Warrenville, Illinois 

60555. 

NRC Branch Chief: James G. Danna. 

PSEG Nuclear LLC, Docket No. 50–354, 

Hope Creek Generating Station, 

Hancocks Bridge, New Jersey 

Date of amendment request: July 7, 

2017. A publicly-available version is in 

ADAMS under Package Accession No. 

ML17188A259. 

Description of amendment request: 

This amendment request contains 

sensitive unclassified non-safeguards 

information (SUNSI). The amendment 

would revise the Renewed Facility 

Operating License and Technical 

Specifications to implement a 

measurement uncertainty recapture 

power uprate. Specifically, the 

amendment would authorize an 

increase in the maximum licensed 

thermal power level from 3,840 

megawatts thermal (MWt) to 3,902 MWt, 

which is an increase of approximately 

1.6 percent. 

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 proposed change will increase the 

Hope Creek Generating Station rated thermal 

power (RTP) from 3840 megawatts thermal 

(MWt) to 3902 MWt. The reviews and 

evaluations performed to support the 

proposed uprated power conditions included 

all structures, systems, and components that 

would be affected by the proposed changes. 

The reviews and evaluations determined that 

these structures, systems, and components 

are capable of performing their design 

function at the proposed uprated RTP of 3902 

MWt. Accident mitigation systems will 

function as designed. The performance 

requirements for these systems have been 

evaluated and found acceptable. Thus, the 

proposed changes do not create any new 

accident initiators or increase the probability 

of an accident previously evaluated. 

The primary loop components (e.g., reactor 

vessel, reactor internals, control rod drive 

housings, piping and supports, and 

recirculation pumps) remain within their 

applicable structural limits and will continue 

to perform their intended design function at 

the uprated power level. Thus, there is no 

increase in the probability of a structural 

failure from these components. The safety 

relief valves and containment isolation 

valves meet design sizing requirements at the 

uprated power level. Because the plant 

integrity will not be affected by operation at 

the uprated condition, PSEG Nuclear LLC 

(PSEG) has concluded that all structures, 

systems, and components required to 

mitigate a transient remain capable of 

fulfilling their intended functions. 

The current safety analyses were evaluated 

for operation at 3902 MWt. The results 

demonstrate that acceptance criteria for 

applicable analyses continue to be met at the 

uprated conditions. As such, applicable 

accident analyses continue to comply with 

the relevant event acceptance criteria. The 

analyses performed to assess the effects of 

mass and energy releases remain valid. 

Source terms used to assess radiological 

consequences have been determined to 

bound operation at the uprated power level. 

Power level is an input assumption to 

equipment design and accident analyses, but 

is not a transient or accident initiator. 

Accident initiators are not affected by the 

power uprate, and plant safety barrier 

challenges are not created by the proposed 

change. 

Therefore, the proposed change does not 

involve a significant increase in the 

probability or consequences of an accident 

previously evaluated. 

2. Does the proposed change create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

No new accident scenarios, failure 

mechanisms, or single failures are introduced 

as a result of the proposed change. 

Structures, systems, and components 

previously required for transient mitigation 

remain capable of fulfilling their intended 

design functions. The proposed change has 

no adverse effect on any safety-related 

structures, systems, or components and does 

not challenge the performance or integrity of 

any safety-related system. 

The proposed change does not adversely 

affect any current system interfaces or create 

any new interfaces that could result in an 

accident or malfunction of a different kind 

than previously evaluated. Plant operation at 

3902 MWt does not create any new accident 

initiators or precursors. Credible 

malfunctions are bounded by the current 

accident analyses of record or recent 

evaluations demonstrating that applicable 

criteria are still met with the proposed 

change. 

Therefore, the proposed change does not 

create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. 

3. Do the proposed changes involve a 

significant reduction in a margin of safety? 

Response: No. 

The margins of safety associated with the 

power uprate are those pertaining to core 

thermal power. Analyses of the primary 

fission product barriers have concluded that 

relevant design criteria remain satisfied, both 

from the standpoint of primary fission 

product barrier integrity and compliance 

with the required acceptance criteria. As 

appropriate, evaluations have been 

performed using methods that have either 

been reviewed and approved by the Nuclear 

Regulatory Commission, or are in compliance 

with regulatory review guidance and 

standards. 

Therefore, the proposed 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 


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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: Jeffrie J. Keenan, 

PSEG Nuclear LLC—N21, P.O. Box 236, 

Hancocks Bridge, New Jersey 08038. 

NRC Branch Chief: James G. Danna. 

Wolf Creek Nuclear Operating 

Corporation, Docket No. 50–482, Wolf 

Creek Generating Station, (WCGS) 

Coffey County, Kansas 

Date of amendment request: June 28, 

2017. A publicly-available version is in 

ADAMS under Accession No. 

ML17186A082. 

Description of amendment request: 

This amendment request contains 

sensitive unclassified non-safeguards 

information (SUNSI). The amendment 

would add new Technical Specification 

(TS) 3.7.20, ‘‘Class 1E Electrical 

Equipment Air Conditioning (A/C) 

System,’’ to the WCGS TSs. New TS 

3.7.20 would include the limiting 

condition for operation (LCO) statement, 

Applicability during which the LCO 

must be met, ACTIONS (with 

Conditions, Required Actions, and 

Completion Times) to be applied when 

the LCO is not met, and Surveillance 

Requirements (SRs) with a specified 

Frequency to demonstrate that the LCO 

is met for the Class 1 E Electrical 

Equipment A/C System trains at WCGS. 

Additionally, the Table of Contents 

would also be revised to reflect the 

incorporation of new TS 3.7.20. 

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 addition of TS 3.7.20 creates 

a[n] LCO for the Class 1E Electrical 

Equipment A/C System that is required to 

support the TS Class 1E electrical equipment. 

The 30 day Completion Time to restore an 

inoperable Class 1E electrical equipment A/ 

C train to OPERABLE status is consistent 

with the Control Room Air Conditioning 

System (CRACS) and is supported by a plant 

specific calculation. The Class 1E Electrical 

Equipment A/C Systems’ actuation, 

operation, or failure is not an initiator to any 

accident previously evaluated. As a result, 

the probability of an accident previously 

evaluated is not significantly increased. 

Conversely, the proposed change provides a 

period of time to recover an unexpected loss 

of cooling capability with one OPERABLE 

Class 1E electrical equipment A/C train 

providing adequate area cooling for both 

trains of Class 1E electrical equipment during 

normal and accident conditions (with 

mitigating actions being required). 

Overall protection system performance will 

remain within the bounds of the previously 

performed accident analyses since no 

hardware changes are proposed to the 

protection systems. The same Reactor Trip 

System (RTS) and Engineered Safety Feature 

Actuation System (ESFAS) instrumentation 

will continue to be used. The protection 

systems will continue to function in a 

manner consistent with the plant design 

basis. The proposed change will not 

adversely affect accident initiators or 

precursors nor adversely alter the design 

assumptions and conditions of the facility or 

the manner in which the plant is operated 

and maintained with respect to such 

initiators or precursors. 

The proposed change will not alter or 

prevent the capability of structures, systems, 

and components (SSCs) to perform their 

intended functions for mitigating the 

consequences of an accident and meeting 

applicable acceptance limits. 

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. 

No new accident scenarios, transient 

precursors, failure mechanisms, or limiting 

single failures will be introduced as a result 

of this amendment. No new or different 

accidents result from addition of the 

proposed specification. The Class 1E 

electrical equipment A/C trains maintain the 

capability to perform their specified safety 

function. The proposed license amendment 

includes regulatory commitments to achieve 

the capability for one OPERABLE Class 1E 

electrical equipment A/C train to provide 

adequate cooling for both trains of electrical 

equipment during normal and accident 

conditions by design changes. [The planned 

modifications proposed by regulatory 

commitments will be implemented under the 

requirements of 10 CFR 50.59.] 

The proposed amendment will not alter the 

design or performance of the 7300 Process 

Protection System, Nuclear Instrumentation 

System, Solid State Protection System, 

Balance of Plant Engineered Safety Features 

Actuation System, Main Steam and 

Feedwater Isolation System, or Load Shedder 

and Emergency Load Sequencers used in the 

plant protection systems. 

The proposed change adds requirements in 

the TSs that were previously located in plant 

procedures. One OPERABLE Class 1E 

electrical equipment A/C train is capable of 

providing adequate area cooling for both 

trains of Class 1E electrical equipment during 

normal and accident conditions (with 

mitigating actions being required). The 

change does not have a detrimental impact 

on the manner in which plant equipment 

operates or responds to an actuation signal. 

Therefore, the proposed change will not 

create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. 

3. Does the proposed amendment involve 

a significant reduction in a margin of safety? 

Response: No. 

The proposed specification allows for a 

period of time in which one Class 1E 

electrical equipment A/C train is capable of 

providing adequate area cooling for both 

trains of Class 1E electrical equipment during 

normal and accident conditions (with 

mitigating actions being required). The 

proposed change does not impact accident 

offsite dose, containment pressure or 

temperature, Emergency Core Cooling System 

settings or Reactor Protection System 

settings, or any other parameter that could 

affect a margin of safety. The margin of safety 

is enhanced by periodically verifying the area 

room temperatures are maintained within 

limit while one Class 1E electrical equipment 

A/C train is inoperable and allowing a 

reasonable period to perform preventive and 

corrective maintenance thus increasing 

system reliability. 

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: Jay Silberg, Esq., 

Pillsbury Winthrop Shaw Pittman LLP, 

2300 N Street NW., Washington, DC 

20037. 

NRC Branch Chief: Robert J. 

Pascarelli. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information and Safeguards 

Information for Contention Preparation 

PSEG Nuclear LLC, Docket No. 50–354, 

Hope Creek Generating Station, 

Hancocks Bridge, New Jersey 

Exelon Generation Company, LLC, 

Docket No. 50–244, R. E. Ginna Nuclear 

Power Plant, Wayne County, New York 

Wolf Creek Nuclear Operating 

Corporation, Docket No. 50–482, Wolf 

Creek Generating Station, Coffey 

County, Kansas 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing sensitive 

unclassified information (including 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI) and Safeguards 

Information (SGI)). Requirements for 

access to SGI are primarily set forth in 

10 CFR parts 2 and 73. Nothing in this 

Order is intended to conflict with the 

SGI regulations. 


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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 and/or SGI 

under these procedures should be submitted as 

described in this paragraph. 

2Broad SGI requests under these procedures are 

unlikely to meet the standard for need to know; 

furthermore, NRC staff redaction of information 

from requested documents before their release may 

be appropriate to comport with this requirement. 

These procedures do not authorize unrestricted 

disclosure or less scrutiny of a requestor’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention or 

non-adjudicatory access to SGI. 

3The requestor will be asked to provide his or her 

full name, social security number, date and place 

of birth, telephone number, and email address. 

After providing this information, the requestor 

usually should be able to obtain access to the online 

form within one business day. 

4This fee is subject to change pursuant to the 

Office of Personnel Management’s adjustable billing 

rates. 

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 or SGI is necessary to respond to 

this notice may request access to SUNSI 

or SGI. 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 

or SGI 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, 

SGI, or both to the Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemakings and 

Adjudications Staff, and provide a copy 

to the Associate General Counsel for 

Hearings, Enforcement and 

Administration, Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. The expedited delivery or courier 

mail address for both offices is: U.S. 

Nuclear Regulatory Commission, 11555 

Rockville Pike, Rockville, Maryland 

20852. The email address for the Office 

of the Secretary and the Office of the 

General Counsel are Hearing.Docket@

nrc.gov and OGCmailcenter@nrc.gov, 

respectively.1 The request must include 

the following information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); 

(3) If the request is for SUNSI, 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; and 

(4) If the request is for SGI, the 

identity of each individual who would 

have access to SGI if the request is 

granted, including the identity of any 

expert, consultant, or assistant who will 

aid the requestor in evaluating the SGI. 

In addition, the request must contain 

the following information: 

(a) A statement that explains each 

individual’s ‘‘need to know’’ the SGI, as 

required by 10 CFR 73.2 and 10 CFR 

73.22(b)(1). Consistent with the 

definition of ‘‘need to know’’ as stated 

in 10 CFR 73.2, the statement must 

explain: 

(i) Specifically why the requestor 

believes that the information is 

necessary to enable the requestor to 

proffer and/or adjudicate a specific 

contention in this proceeding; 2 and 

(ii) The technical competence 

(demonstrable knowledge, skill, training 

or education) of the requestor to 

effectively utilize the requested SGI to 

provide the basis and specificity for a 

proffered contention. The technical 

competence of a potential party or its 

counsel may be shown by reliance on a 

qualified expert, consultant, or assistant 

who satisfies these criteria. 

(b) A completed Form SF–85, 

‘‘Questionnaire for Non-Sensitive 

Positions,’’ for each individual who 

would have access to SGI. The 

completed Form SF–85 will be used by 

the Office of Administration to conduct 

the background check required for 

access to SGI, as required by 10 CFR 

part 2, subpart C, and 10 CFR 

73.22(b)(2), to determine the requestor’s 

trustworthiness and reliability. For 

security reasons, Form SF–85 can only 

be submitted electronically through the 

electronic questionnaire for 

investigations processing (e-QIP) Web 

site, a secure Web site that is owned and 

operated by the Office of Personnel 

Management. To obtain online access to 

the form, the requestor should contact 

the NRC’s Office of Administration at 

301–415–3710.3

(c) A completed Form FD–258 

(fingerprint card), signed in original ink, 

and submitted in accordance with 10 

CFR 73.57(d). Copies of Form FD–258 

may be obtained by writing the Office of 

Administrative Services, Mail Services 

Center, Mail Stop P1–37, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, or by email to 

MAILSVC.Resource@nrc.gov. The 

fingerprint card will be used to satisfy 

the requirements of 10 CFR part 2, 

subpart C, 10 CFR 73.22(b)(1), and 

Section 149 of the Atomic Energy Act of 

1954, as amended, which mandates that 

all persons with access to SGI must be 

fingerprinted for an FBI identification 

and criminal history records check. 

(d) A check or money order payable 

in the amount of $324.00 4 to the U.S. 

Nuclear Regulatory Commission for 

each individual for whom the request 

for access has been submitted. 

(e) If the requestor or any 

individual(s) who will have access to 

SGI believes they belong to one or more 

of the categories of individuals that are 

exempt from the criminal history 

records check and background check 

requirements in 10 CFR 73.59, the 

requestor should also provide a 

statement identifying which exemption 

the requestor is invoking and explaining 

the requestor’s basis for believing that 

the exemption applies. While 

processing the request, the Office of 

Administration, Personnel Security 

Branch, will make a final determination 

whether the claimed exemption applies. 

Alternatively, the requestor may contact 

the Office of Administration for an 

evaluation of their exemption status 

prior to submitting their request. 

Persons who are exempt from the 

background check are not required to 

complete the SF–85 or Form FD–258; 

however, all other requirements for 

access to SGI, including the need to 

know, are still applicable. 

Note: Copies of documents and materials 

required by paragraphs C.(4)(b), (c), and (d) 

of this Order must be sent to the following 

address: U.S. Nuclear Regulatory 

Commission, ATTN: Personnel Security 

Branch, Mail Stop TWFN–03–B46M, 11555 

Rockville Pike, Rockville, MD 20852. 

These documents and materials 

should not be included with the request 

letter to the Office of the Secretary, but 

the request letter should state that the 

forms and fees have been submitted as 

required. 

D. To avoid delays in processing 

requests for access to SGI, the requestor 

should review all submitted materials 

for completeness and accuracy 

(including legibility) before submitting 

them to the NRC. The NRC will return 

incomplete packages to the sender 

without processing. 

E. Based on an evaluation of the 

information submitted under paragraphs 

C.(3) or C.(4) above, as applicable, the 


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5Any 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. 

6Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be 

filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 180 days of the 

deadline for the receipt of the written access 

request. 7Requestors should note that the filing 

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

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

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

staff determinations (because they must be served 

on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI/SGI request 

submitted to the NRC staff under these procedures. 

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 or 

need to know the SGI requested. 

F. For requests for access to SUNSI, if 

the NRC staff determines that the 

requestor satisfies both E.(1) and E.(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 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI.5

G. For requests for access to SGI, if the 

NRC staff determines that the requestor 

has satisfied both E.(1) and E.(2) above, 

the Office of Administration will then 

determine, based upon completion of 

the background check, whether the 

proposed recipient is trustworthy and 

reliable, as required for access to SGI by 

10 CFR 73.22(b). If the Office of 

Administration determines that the 

individual or individuals are 

trustworthy and reliable, the NRC will 

promptly notify the requestor in writing. 

The notification will provide the names 

of approved individuals as well as the 

conditions under which the SGI will be 

provided. Those conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 6 by 

each individual who will be granted 

access to SGI. 

H. Release and Storage of SGI. Prior 

to providing SGI to the requestor, the 

NRC staff will conduct (as necessary) an 

inspection to confirm that the 

recipient’s information protection 

system is sufficient to satisfy the 

requirements of 10 CFR 73.22. 

Alternatively, recipients may opt to 

view SGI at an approved SGI storage 

location rather than establish their own 

SGI protection program to meet SGI 

protection requirements. 

I. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI or SGI must be filed by the 

requestor no later than 25 days after 

receipt of (or access to) that information. 

However, if more than 25 days remain 

between the petitioner’s receipt of (or 

access to) the information and the 

deadline for filing all other contentions 

(as established in the notice of hearing 

or opportunity for hearing), the 

petitioner may file its SUNSI or SGI 

contentions by that later deadline. 

J. Review of Denials of Access. 

(1) If the request for access to SUNSI 

or SGI is denied by the NRC staff either 

after a determination on standing and 

requisite need, or after a determination 

on trustworthiness and reliability, the 

NRC staff shall immediately notify the 

requestor in writing, briefly stating the 

reason or reasons for the denial. 

(2) Before the Office of 

Administration makes a final adverse 

determination regarding the 

trustworthiness and reliability of the 

proposed recipient(s) for access to SGI, 

the Office of Administration, in 

accordance with 10 CFR 2.336(f)(1)(iii), 

must provide the proposed recipient(s) 

any records that were considered in the 

trustworthiness and reliability 

determination, including those required 

to be provided under 10 CFR 

73.57(e)(1), so that the proposed 

recipient(s) have an opportunity to 

correct or explain the record. 

(3) The requestor may challenge the 

NRC staff’s adverse determination with 

respect to access to SUNSI or with 

respect to standing or need to know for 

SGI 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. 

(4) The requestor may challenge the 

Office of Administration’s final adverse 

determination with respect to 

trustworthiness and reliability for access 

to SGI by filing a request for review in 

accordance with 10 CFR 2.336(f)(1)(iv). 

(5) Further appeals of decisions under 

this paragraph must be made pursuant 

to 10 CFR 2.311. 

K. 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 within 5 days of 

the notification by the NRC staff of its 

grant of access and must be filed with: 

(a) The presiding officer designated in 

this proceeding; (b) if no presiding 

officer has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

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

been designated to rule on information 

access issues, with that officer. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.7

L. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR part 2. The attachment to this 

Order summarizes the general target 

schedule for processing and resolving 

requests under these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 15th day 

of September 2017. 

For the Nuclear Regulatory Commission. 

Rochelle C. Bavol, 

Acting, Secretary of the Commission. 


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46102 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices 

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

UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND 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) and/or Safeguards Information (SGI) 

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; demonstrating that access should be granted (e.g., showing 

technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 

60 .......................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require 

access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 

20 .......................... U.S. 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 (1) need for SUNSI or (2) need to know for SGI. (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). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 .......................... If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ 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. 

190 ........................ (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for 

Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be

provided an opportunity to correct or explain information. 

205 ........................ Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). 

A ........................... If access granted: Issuance of a decision by a presiding officer or other designated officer 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 and/or SGI consistent with decision issuing the protective 

order. 

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

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

of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI or SGI contentions by that later deadline. 

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

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

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

[FR Doc. 2017–20084 Filed 10–2–17; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2014–0124] 

Consolidated Guidance About 

Materials Licenses: Program-Specific 

Guidance About Service Provider 

Licenses 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: NUREG; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued Revision 

1 to NUREG–1556, Volume 18, 

‘‘Consolidated Guidance about Materials 

Licenses: Program-Specific Guidance 

about Service Provider Licenses,’’ which 

updates licensing guidance for service 

provider licenses. This document has 

been revised to include information on 

updated regulatory requirements, safety 

culture, security of radioactive 

materials, protection of sensitive 

information, and changes in regulatory 

policies and practices. The document is 

intended for use by applicants, 

licensees, and the NRC staff. 

DATES: NUREG 1556, Volume 18, 

Revision 1 was published in August 

2017. 

ADDRESSES: Please refer to Docket ID 

NRC–2014–0124 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0124. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

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

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

NUREG–1556, Volume 18, Revision 1 is 

available in ADAMS under Accession 

No. ML17242A055. 

• 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. 

This NUREG–1556 volume is also 

available on the NRC’s public Web site 

at http://www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr1556/ under 

‘‘Consolidated Guidance About 

Materials Licenses (NUREG–1556).’’ 

FOR FURTHER INFORMATION CONTACT: 

Anthony McMurtray, Office of Nuclear 

Material Safety and Safeguards; U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–2746; email: 

Anthony.McMurtray@nrc.gov. 


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