ML15196A386

Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to

ML15196A386
Person / Time
Site:	McGuire, Mcguire   (NPF-009, NPF-017)
Issue date:	08/04/2015
From:	Geoffrey Miller Plant Licensing Branch II
To:	Capps S Duke Energy Carolinas
G Edward Miller, 415-2481
References
TAC MF6409, TAC MF6410
Download: ML15196A386 (28)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Steven D. Capps Vice President McGuire Nuclear Station Duke Energy Carolinas, LLC 12700 Hagers Ferry Road Huntersville, NC 28078 August 4, 2015

SUBJECT:

MCGUIRE NUCLEAR STATION UNIT NOS. 1 AND 2 - NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING AND ORDER IMPOSING PROCEDURES FOR DOCUMENT ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (TAC NOS.

MF6409 AND MF6410)

Dear Mr. Capps:

The U.S. Nuclear Regulatory Commission has forwarded the enclosed "Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing _and Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Information," to the Office of the Federal Register for publication.

This notice relates to your application dated June 30, 2015, in which you requested approval of an amendment to the McGuire Nuclear Station Technical Specifications. Specifically, the requested change would provide a one-time extension of selected Completion Times to support maintenance activities on the Nuclear Service Water System.

If you have any questiQns, please contact me at 301-415-2481.

Docket Nos. 50-369 and 50-370

Enclosure:

Notice of Consideration cc w/encl: Distribution via Listserv Since;{

1

)

{_50D<d /Jilli/(

G. Edward Miller, Project Manager Plant Licensing Branch 2-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

ENCLOSURE FEDERAL REGISTER NOTICE

NUCLEAR REGULATORY COMMISSION Docket Nos. 50-369 and 50-370; NRC-2015-XXXX

[7590-01-P]

Duke Energy Carolinas, LLC, McGuire Nuclear Station, Unit Nos. 1 and 2 AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License Nos. NPF-9 and NPF-17, issued to Duke Energy Carolinas, LLC, for operation of the McGuire Nuclear Station, Unit Nos. 1 and 2. The proposed amendment allow a temporary extension of selected Technical Specification required Completion Times to support repair activities associated with the Nuclear Service Water System.

DATES: Submit comments by [INSERT DATE 30 DAYS FROM DATE OF PUBLICATION].

Requests for a hearing or petition for leave to intervene must be filed by [INSERT DATE 60 DAYS FROM DATE OF PUBLICATION].

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):

Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID <INSERT: NRC-2015-XXXX>. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-mail: 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: OWFN HOB, 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: G. Edward Miller, U.S. Nuclea~ Regulatory I

Commission, Washington DC 20555-0001; telephone: (301) 415-2481, e-mail:

ed.miller@nrc.gov.

SUPPLEMENTARY INFORMATION:

I.

Obtaining Information and Submitting Commentf.

A. Obtaining Information.

Please refer to Docket ID <INSERT: NRC-2015-XXXX> when contacting the NRC about the availability of information for this action. You may obtain publicly-atailable information related to this action by qny of the following methods:

Federal rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID <INSERT: NRC-2015-XXXX>.

I NRC's Agencywide Documents Access and Management System (ADAMS):

You may obtain publicly-available documents online in the ADAMS Public Ddcuments collection I

at http://www.nrc.gov/readinq-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-~00-397-4209, I

301-415-4737, or by e-mail to pdr.resource@nrc.gov. The license amendmeralt request is available in ADAMS under Accession No. ML15191A025.

[

NRC's PDR: You may examine and purchase copies of public documents at the I

I NRC's PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rocbkville, Maryland

[

20852.

I I

I I

I B. Submitting Comments.

Please include Docket ID <NRC-2015-XXXX> in your comment submi,ssion.

I I

The NRC cautions you not to include identifying or contact informatio~ that you do not I

want to be publicly disclosed in your comment submission. The NRC will pos,t all comment i

submissions at http://www.regulations.gov as well as enter the comment submissions into I

ADAMS. The NRC does not routinely edit comment submissions to remove ibentifying m I

contact information.

If you are r!l<Juesting or aggregating comments from other persons fo1 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 t~e comment into ADAMS.

II. Introduction.

The NRC is considering issuance of an amendment to Facility Operating License Nos.

NPF-9 and NPF-17, issued to Duke Energy Carolinas, LLC, for operation of t~e McGuire Nuclear Station, Unit Nos. 1 an~ 2, located in Mecklenburg County, North Ca~olina.

The proposed amendment allow a one-time extension of selected Technical Specification required Completion Times (CTs) to support repair activities asslociated with the Nuclear Service Water System (NSWS).

I Before any issuance of the proposed license amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Acl and NRC's

. I I

regulations.

i i

The NRC has made a proposed determination that the license amendment request involves no significant hazards consideration. Under the NRC's regulations i+ § 50.92 of Title I

1 O of the Code of Federal Regulations (1 O 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

?ignificant reduction in a margin of safety. As required by 10 CFR 50.91 (a), the licensee has

. provided its analysis of the issue of no significant hazards consideration, whidh 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 'B' Train NSWS and supported equipment will remain fully operable during the 14 I

day CT. The alignment of the 'A' T~ain NSWS will remain consistent with the NSWS normal and [engineered safety features actuation system (ESFAS)] alilnment. Although I

not fully operable the 'A' Train NSWS and its supported equipment will be capable of pertorming their functions during the 14 day CT.

The 'A' NSWS and supported equipment function as accident mitigators. Removing 'A' I

i Train [standby nuclear service water pond (SNSWP)] supply piping from service for a limited period of time does not affect any accident initiator and therefo(e cannot change I

the probability of an accident. The proposed changes and the 'A' Train NSWS repair evolution have been evaluated to assess their impact on the systems ~ffected and I

ensure design basis safety functions are preserved.

The risk analysis for the proposed NSW system alignment during the 4 day CT shows no delta risk for any [engineered safety feature (ESF)] actuation event that does not involve an earthquake. The most significant risk contributor is a seismic event with a magnitude great enough to cause the failure of Cowan's Ford dam anb subsequent loss I

of Lake Norman or [low level intake] during the 14 day CT. The estimated Incremental Conditional Core Damage Probability (ICCDP) due to the seismic eve~t is much less than the limits associated with Regulatory Guide 1.177.

I In additi.on, as previously stated, a Seismic Fragility Assessment of thei McGuire Low Level Intake [(LU)] Water Pipeline in December of 2011 indicates that re dam and water supply would withstand a [safe shutdown earthquake (SSE)]. Therefore for the short duration of this proposed alignment the increase. in risk is deemeb to be negligible.

Risk associated with tornado/high winds was assessed. The months of November I

through February have been the seasonal low for tornado frequency. !his evolution is currently scheduled for the fall November 2015 time frame. The risk contribution from tornado and high wind events is negligible during the proposed NSws/ configuration I

I described in this LAR and therefore, the calculated Core Damage Frequency (CDF) or I

the Large Early Release Fraction (LERF) contribution due to high winq 1 and tornado events is negligible with respect to overall risk. The activities covered by this LAR also I

I include a defense-in-depth action to cease activities and close the per~onnel access openings in the event of a tornado warning. Weather patterns will be r;nonitored and this activity will be modified if tornado/high wind conditions become immin~nt.

I The overall increase in risk for the 14 day CT is solely due to the seisrilic event which I

results in a loss of Lake Norman or LU. However, this risk is reduced by the defense in depth strategy described in the LAR that provides a contingency for the loss of.a 'B'.

Train NSWS pump after the loss of the Lake Norman water supply. T~is defense in I

depth contingency effectively offsets the unavailability of the 'A' Train NSWS SNSWP supply.

I I

In addition, pre-aligning the 'B' Train NSWS to the SNSWP water supp'ly in advance of I

the proposed activities prevents the introduction of potential equipment failures during an i

ESFAS demanded transfer. This action also eliminates the tirne it would take operators to perform the transfer following a seismic event.

I I

I I

I The quantified impact of defense in depth measures and compensatorV actions on I

CDF/LERF cannot be precisely determined, yet it is agreed that the implementation of these actions would only serve to improve these risk parameters.

Not included in the overall risk evaluation is the additional margin identified by the 1

Fragility Assessment discussed. previously that concluded that the Lake Norman Dam and LU would survive a SSE.

I ' I I

As stated in NRG Generic Letter 80-30, "Clarification of the Term 'Ope,rable' as it Applies to Single Failure Criterion for Safety Systems Required by TS," there is no requirement I

to assume a single failure while operating under a Technical Specifica~ion (TS) required action. Therefore, there will be no effect on the analysis of any accident or the progression of the accident since the operable NSW 'B' train is capablb of serving 100 percent of all the required heat loads. As such, there is no impact on donsequence mitigation for any transient or accident.

In light of the above discussion, the proposed change does not involve a significant increase in the probability or consequences of an accident previously bvaluated.

2.

Does the proposed amendment create the possibility of a new or different kind of I

accident tram any accident previously evaluated?

1 Response: No.

I The proposed amendment is the one time extension of the required CTs from 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> I.

for the ECCS, CSS,. NSWS, AFW, CCW and the EDG systems and frfm 168 hours0.00194 days <br />0.0467 hours <br />2.777778e-4 weeks <br />6.3924e-5 months <br /> for the CRAVS and ABFVES systems to 336 hours0.00389 days <br />0.0933 hours <br />5.555556e-4 weeks <br />1.27848e-4 months <br />. The requested change does not involve the addition or removal of any plant system, structure, or component.

I I

I The proposed temporary TS changes do not affect the basic design, oberation, or function of any of the systems associated.with the TS impacted by thel amendment.

Implementation of the proposed amendment will not create the possibility of a new or I

different kind of accident from that previously evaluated.

I I

I I

McGuire intends to isolate and repair the 'A' Train NSWS supply from lthe SNSWP. This activity will require that 'A' Train NSW be aligned to Lake Norman until the system is ready for post maintenance testing. This action maintains the NSW.J Train's normal and automatic alignment to Lake Norman but will result in the inability to manually align the 'A' Train NSWS to the SNSWP subsequent to a seismic event that results in damage to the supply piping from Lake Norman or the highly improbable loss Jf Lake Norman.

Although considered inoperable, the 'A' Train NSWS and supported systems will be technically capable of performing their intended functions. Throughout the repair project,.

compensatory measures will be in place to provide additional assurande that the I

I affected systems will continue to be capable of perf.orming their intend~d safety functions.

No new accident causal mechanisms are created as a result of the requested changes creating the possibility of a new or different kind of accident from any accident previously evaluated.

In conclusion, this proposed LAR does not impact any plant systems that are accident initiators and does not impact any safety analysis. Therefore, the proposed changes do 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.

Margin of safety is related to the confidence in the ability of the fission, product barriers to perform their design functions during and following an accident situation. These barriers include the fuel cladding, the reactor ~oolant system, and the containtent system. The I

I I

I I

I performance of the fuel cladding, reactor coolant and containment systems will not be impacted by the proposed LAR.

Although not a fission product barrier, the Auxiliary Building Ventilatiori Boundary plays a I

role in minimizing the dose consequences from ECCS system leakag~ into the Auxiliary Building during a design basis accident. The Auxiliary Building.VentilJtion System in I

conjunction with ECCS equipment air handling units that automatically: start on an ECCS demand draw potentially contaminated air from the ECCS equipment riooms and into the ABFVES. As stated in this LAR, the Auxiliary Building Ventilation Boundary will be breached when the 'A' Train NSWS piping is opened for access in the'Auxiliary Building.

The Validation: personnel access opening will be controlled by using procedures developed or revised for this purpose to maintain positive control of the auxiliary building I

pressure boundary and prevent any unmonitored release.

I Dedicated personnel with procedure guidance will be provided to closk the pathway from the auxiliary building on the affected 'A' Train NSWS piping from the SNSWP in the event of any of the following:

An Engineered Safety Feature (ESF) actuation Entry into RP/O/A/5700/006 Natural Disasters Entry into RP/O/A/5700/007 Earthquake I

The pathway will be closed upon notification of an abnormal event as bescribed above.

I TS 3.7.11 includes a note in the Limiting Condition for Operation (LCO) section: "The

• Auxiliary Building pressure boundary may be opened intermittently unber administrative

' I I

controls." Based on these measures the performance of this barrier ~ill not be affected by the proposed LAR.

I I

Additionally, the proposed amendnient does not mvolve a change in tt design or operation of the plant. The activity only extends the amount of time thl 'A' NSW system

. I is allowed to be inoperable to correct the degraded condition on the 'N NSWS supply I

piping from the SNSWP. As stated previously, the 'A' Train NSWS an:d supported equipment will remain in its Normal and ESFAS alignment during the ~xtended CT and be functionally capable for all postulated events except a seismic eve~t that results in loss of the Lake Norman water supply.

Defense-in-depth measures involving use of the Main Supply Crosso~er piping to supply I

suction to affected unit's 'A' Train NSWS pump from the 'B' train SNSWP suction piping I

and the ability to implement the FLEX strategy on both units provide additional safety I

I margin for this event. Use of the Main Supply Crossover line is only needed in the unlikely event that one unit's 'B' Train NSWS pump fails after loss of r Train NSWS due to an earthquake.

The estimated ICCDP during the 14 day CT extension is much less than the limits associated with Regulatory,Guide 1.177. Therefore, it is concluded t~at the proposed changes do not involve a significant reduction in the margin of safety.

I Therefore, the proposed changes do not involve a significant reductiorl in a margin of safety.

The NRC staff has reviewed the licensee's analysis and, based on this review, it appears I

I that the three standards of 1 O CFR 50.92(c) are satisfied. Therefore, the NRG staff proposes to I

I determine that the license amendment request involves a No Significant Hazcirds Consideration.

I I

The NRC is seeking public comments on this proposed determination that the license

.. I amendment request involves no significant hazards consideration. Any comments received I

I I

within 30 days after the date of publication of this notice will be considered in (Tiaking any final determination.

Normally, the Commission will not issue the amendment until the expi~ation of 60 days after the date of publication of this notice. The Commission may issue the lic~nse amendment I

before expiration of the 60-day notice period if the Commission concludes the: amendment I

involves no significant hazards consideration. In addition, the Commission mfy issue the I

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 wou:ld result, for i

example, in derating or shutdown of the facility. Should the Commission takef action prior to the expiration of either the comment period or the notice period, it will publish in the Federal I

I Register a notice of issuance. Should the Commission make a final No Significant Hazards I

Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.

I I

Ill. Opportunity to Request a Hearing and Petition for Leave t6 Intervene.

I I

I I

Within 60 days after the date of publication of this Federal Register notice, any person I

I whose interest may be affected by this proceeding and who desires to participate as a party in I

the proceeding must file a written request for hearing or a petition for leave to 1intervene specifying the contentions which the person seeks to have litigated in the hea~ing with respect I

' I to the license amendment request. Requests for hearing and petitions for leaye to intervene I

shall be filed in accordance with the NRC's "Agency Rules of Practice and Pr6cedure" in I

I 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. The NRC's regulations are accessible electronidally from the NRC I

Library on the NRC's Web site at http://www.nrc.gov/readinq-rm/doc-collections/cfr/.

I As required by 1 O CFR 2.309, a request for hearing or petition for leave to intervene I

I must set forth with particularity the interest of the petitioner in the proceeding knd how that I

interest may be affected by the results of the proceeding. The hearing request or petition must I

I specifically explain the reasons why intervention should be permitted, with particular reference I

to the following general requirements: (1) the name, address, and telephone In umber of the I

requester or petitioner; (2) the nature of the requester's/petitioner's right und1r the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/~etitioner's i

property, financial, or other interest in the proceeding; and (4) the possible efflect of any decision or order which may be entered in the proceeding on the requestor's/petitionels interest. The hearing request or petition must also include the specific contentions that the I I

I requester/petitioner seeks to have litigated at the proceeding.

For each contention, the requester/petitioner must provide a specific Jtatement of the I

issue of law or fact to be raised or controverted, as well as a brief explanatio~ of the basis for i

the contention. Additionally, the requester/petitioner must demonstrate that the issue raised by I

each contention is within the scope of the proceeding and is material to the findings that the NRC must make to support the granting of a license amendment in response to the application.

The hearing request or petition must also include a concise statement of the alleged facts or expert opinion that support the contention and on which the requester/petitioner intends to rely at the hearing, together with references to those specific sources and documents. The hearing request or petition must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact, including references to specific portions of the application for amendment that the petitioner disputes and the supporting reasons for each dispute. If the requester/petitioner believes that the application for amendment fails to contain information on a relevant matter as required by law, the requester/petitioner must identify each failure and the supporting reasons for the requester's/petitioner's belief. Each contention must be one which, if proven, would entitle the requester/petitioner to relief. A requester/petitioner who does not satisfy these requirements for 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 with respect to resolution of that person's admitted contentions, including the opportunity to present evidence and to submit a cross-examination plan for cross-examination of witnesses, consistent with NRC regulations, policies, and procedures. The I

I Atomic Safety and Licensing Board will set the time and place for any prehearing conferences I

and evidentiary hearings, and the appropriate notices will be provided.

Hearing requests or 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 1 O CFR 2.309(c)(1 )(i)-(iii).

If a hearing is requested, 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 sign_ificant 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 1 O CFR Part 2.

IV. Electronic Submissions (E-Filing).

All documents filed in NRG 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 I

I governmental entities participating under 10 CFR 2.315(c), must be filed in adcordance with the

\\

NRC's E-Filing rule {72 FR 49139; August 28, 2007). The E-Filing process r~quires participants to submit and serve all adjudicatory documents over the internet, or in some dases to mail I

copies on electronic storage media. Participants may not submit paper copies of their filings I

I unless they seek an exemption in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, at least ten 10 days prior to the I

filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) td digitally sign documents and access the E-Submittal server for any proceeding in which it iS' participating; and I

I (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 I

NRG-issued digital ID certificate). Based upon this information, the Secretary yvill establish an electronic docket for the hearing in this proceeding if the Secretary has not already established I

an electronic docket.

Information about applying for a digital ID certificate is available on the )NRG's public Web site at http://www.nrc.gov/site-he/ple-submittals/qettinq-started.html. Sys'tem requirements for accessing the E-Submittal server are detailed in the NRG's "Guidance for ~lectronic I

Submission," which is available on the agency's public Web site at http://www:nrc.gov/site-he/p!e-submittals.html. Participants may attempt to use other software not list~d on the Web site, but should note that the NRG's E-Filing system does not support unlistedlsoftware, and the NRG Meta System Help Desk will not be able to offer assistance in using unli~ted software.

I If a participant is electronically submitting a document to the NRG in accordance with the I

E-Filing rule, the participant must file the document using the NRG's online, 4eb-based I

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 NRG'i Web site.

I I

Further information on the Web-based submission form, including the installat:ion of the Web I

browser plug-in, is available on the NRG's public Web site at http://www.nrc.qbv/site-he/ple-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.

I 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.qov/site-hefple-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 e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail 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.qov/site-helple-submittals.html, by e-mail to MSHD.Resource@nrc.gov, 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, in some instances, 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.

For further details with respect to this action, see the. application for license amendment dated June 30, 2015.

I Attorney for licensee: Lara S. Nichols, Associate General Counsel, odke Energy I

Corporation, 526 South Church Street - EC07H, Charlotte, NC 28202.

~

NRG Branch Chief: Robert J. Pascarelli.

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 1 O 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 1 O 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 e-mail address for the Office of the Secretary and the Office of the General Counsel are Hearinq.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; 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.

(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 Order2 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 SUNS! 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 requester no later than 25 days after the requester 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 SUNS! 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.

i (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 requester 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 2.31 S(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 1 O CFR 2.311.3 I.

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

IT IS SO ORDERED.

Dated at Rockville, Maryland, this_ day of [MONTH] [YEAR].

For the Nuclear Regulatory Commission.

Annette L. Vietti-Cook, Secretary of the Commission.

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.

ATTACHMENT 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in this Proceeding Day 0

10.

60 20 25 30 40 Event/ Activity Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.

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 meaningftJlly in an adjudicatory proceeding.

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).

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 har.med 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 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.

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

(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 applicanVlicensee to file Non-Disclosure Agreement for SUNSI.

Day A

A+3 A+28 A+53 A+ 60

>A+60 Event/ Activity 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.

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

. 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.

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

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

Decision on contention admission.

Mr. Steven D. Capps Vice President McGuire Nuclear Station Duke Energy Carolinas, LLC 12700 Hagers Ferry Road Huntersville, NC 28078 August 4, 2015

SUBJECT:

MCGUIRE NUCLEAR STATION UNIT NOS. 1 AND 2 - NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING AND ORDER IMPOSING PROCEDURES FOR DOCUMENT ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (TAC NOS.

MF6409 AND MF6410)

Dear Mr. Capps:

The U.S. Nuclear Regulatory Commission has forwarded the enclosed "Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Document Access tb Sensitive Unclassified Non-Safeguards Information," to the Office of the Federal Register for publication.

This notice relates to your application dated June 30, 2015, in which you requested approval of an amendment to the McGuire Nuclear Station Technical Specifications. Specifically, the requested change would provide a one-time extension of selected Completion Times to support maintenance activities on the Nuclear Service Water System.

If you have any questions, please contact me at 301-415-2481.

Sincerely,

/RA/

G. Edward Miller, Project Manager Plant Licensing Branch 2-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-369 and 50-370

Enclosure:

Notice of Consideration cc w/encl: Distribution via Listserv DISTRIBUTION:

PUBLIC Branch Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDorlDpr Resource RidsNrrDorllpl2-1 Resource RidsNrrLASFigueroa Resource RidsNrrPMMcGuire Resource RidsRgn2MailCenter Resource ADAMS Accession Nos.: L TR (NRR-106) ML15196A386 FRN (ADM-012) ML15196A616 OFFICE NRR/DORULPL2-1 /PM NRR/D_QRULPL2-1 /LA OGC

• NRR/DORL/LPL2-1/BC NAME GEMiller SFigueroa BMizuno RPascarelli (SWilliams for)

DATE 08/04/15 08/04/15 07/29/15 08/04/15 OFFICIAL AGENCY RECORD NRR/DORULPL2-1 /PM GEMille.r 08/04/15