ML24086A465
| ML24086A465 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 04/15/2024 |
| From: | Carrie Safford NRC/SECY |
| To: | |
| References | |
| NRC-2024-0070, FR Citation, 89 FR 38190-38194, 05-07-24 | |
| Download: ML24086A465 (17) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2024-0070]
Application for Amendments to Facility Operating Licenses and Involving
Proposed No Significant Hazards Consideration Determination and Containing
Sensitive Unclassified Non-Safeguards Information and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; notice of 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 one amendment request. The amendment request is for
Limerick Generating Station, Units 1 and 2. For the amendment request, the NRC
proposes to determine that it involves no significant hazards consideration (NSHC).
Because the amendment request contains sensitive unclassified non-safeguards
information (SUNSI), an order imposes procedures to obtain access to SUNSI for
contention preparation by persons who file a hearing request or petition for leave to
intervene.
DATES: Comments must be filed by June 6, 2024. A request for a hearing or petitions
for leave to intervene must be filed by July 8, 2024. Any potential party as defined in
section 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who believes access
to SUNSI is necessary to respond to this notice must request document access by May
17, 2024.
ADDRESSES: You may submit comments by any of the following methods; however,
the NRC encourages electronic comment submission through the Federal rulemaking
website.
- Federal rulemaking website: Go to https://www.regulations.gov and search
for Docket ID NRC-2024-0070. Address questions about Docket IDs in Regulations.gov
to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For
technical questions, contact the individual listed in the For Further Information Contact
section of this document.
- Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program
Management, Announcements and Editing Staff.
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: Shirley Rohrer, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone: 301-415-5411; email: Shirley.Rohrer@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0070, facility name, unit number(s), docket
number(s), application date, and subject w hen contacting the NRC about the availability
of information for this action. You may obtain publicly available information related to this
action by any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
2 search for Docket ID NRC-2024-0070.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at
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.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the Federal
rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-
2024-0070, facility name, unit number(s), docket number(s), application date, and
subject, in your comment submission.
The NRC cautions you not to include identif ying or contact information that you
do not want to be publicly disclosed in y our comment submission. The NRC will post all
comment submissions at https://www.regulat ions.gov as well as enter the comment
submissions into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
3 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 w ant 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.(1)-(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 immediat ely effective any amendment to an operating
license or combined license, as applicable, upon a determination by the Commission
that such amendment involves NSHC, notwithstanding the pendency before the
Commission of a request for a hearing from any person.
This notice includes a notice of an amendment containing SUNSI.
III. Notice of Consideration of Issuance of an Amendment to Facility Operating
License, Proposed No Significant Hazards Consideration Determination, and
Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment request involves NSHC. Under the Commissions regulations in
10 CFR 50.92, this means that operation of the facility in accordance with the proposed
amendment would not (1) involve a significant increase in the probability or
consequences of an accident previously evaluated, or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated, or (3) involve a
4 significant reduction in a margin of safety. The basis for this proposed determination for
the amendment request is shown as follows.
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 peri od 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 on the amendment 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 for the amendment, any hearing on the amendment will take place after
issuance. The Commission expects that the need to take this action will occur very
infrequently.
A. Opportunity to Request a Hearing and Petition for Leave to Intervene
Within 60 days after the date of publication of this notice, any person (petitioner)
whose interest may be affected by any of these actions may file a request for a hearing
and petition for leave to intervene (petition) with respect to that action. Petitions shall be
filed in accordance with the Commissions Agency Rules of Practice and Procedure in
10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. If a
5 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.
Petitions must be filed no later than 60 days from the date of publication of this
notice in accordance with the filing instructions in the Electronic Submissions (E-Filing)
section of this document. 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 t hat the filing demonstrates good cause by
satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
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, which
will serve to establish when the hearing is held. If the final determination is that the
amendment request involves no significant haz ards consideration, the Commission may
issue the amendment and make it immediately effective, 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
designated agency thereof, may submit a petition to the Commission to participate as a
party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this
notice. Alternatively, a State, local go vernmental body, Federally recognized Indian
Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
6 For information about filing a petition and about participation by a person not a
party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053
(https://adamswebsearch2.nrc.gov/webSear ch2/main.jsp?AccessionNumber=ML20340A
053) and on the NRCs public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
B. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including documents filed
by an interested State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof that requests to participate under 10 CFR 2.315(c), must be
filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in some cases, to mail
copies on electronic storage media, unless an exemption permitting an alternative filing
method, as further discussed, is granted. Detailed guidance on electronic submissions is
located in the Guidance for Electronic S ubmissions to the NRC (ADAMS Accession
No. ML13031A056) and on the NRCs public websit e at https://www.nrc.gov/site-help/e-
submittals.html.
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 represent ative, already holds an NRC-issued digital ID
7 certificate). Based upon this information, the Secretary will establish an electronic docket
for the proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is available on the NRCs
public website at https://www.nrc.gov/site-hel p/e-submittals/getting-started.html. After a
digital ID certificate is obtained and a docket created, the participant must submit
adjudicatory documents in Portable Document Format. Guidance on submissions is
available on the NRCs public website at http s://www.nrc.gov/site-help/electronic-sub-ref-
mat.html. A filing is considered complete at the time the document is submitted through
the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the
E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-sta mps the document and sends the submitter an
email confirming receipt of the document. The E-Filing system also distributes an email
that provides access to the document to the NRCs 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 to obtain access to the documents via the E-Filing system.
A person filing electronically using the NRCs adjudicatory E-Filing system may
seek assistance by contacting the NRCs Electronic Filing Help Desk through the
Contact Us link located on the NRCs public website at https://www.nrc.gov/site-help/e-
submittals.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., ET, Monday through Friday, except Federal holidays.
8 Participants who believe that they hav e 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 in accordance with 10 CFR 2.302(b)-(d). Participants filing
adjudicatory documents in this manner are re sponsible for serving their documents on all
other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must
still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the NRCs
electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,
unless excluded pursuant to an order of the presiding officer. If you do not have an
NRC-issued digital ID certificate as previ ously described, click cancel when the link
requests certificates and you will be autom atically directed to the NRCs electronic
hearing dockets where you will be able to acce ss any publicly available 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. 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 should not include copyrighted materials in their submission.
The following table provides the plant name, docket numbers, date of application,
ADAMS accession number, and location in the application of the licensees proposed
NSHC determination. For further details with respect to this license amendment
application, see the application for amendment, publicly available portions of which are
9 available for public inspection in ADAMS. For additional direction on accessing
information related to this document, see the Obtaining Information and Submitting
Comments section of this document.
Constellation Energy Generation, LLC; Limerick Generating Station, Units 1 and 2; Montgomery County, PA Docket No(s). 50-352, 50-353 Application Date September 26, 2022 September 26, 2022 (non-public, withheld under 10 CFR 2.390); as supplemented by letters dated June 26, 2023, ADAMS Accession No. (ML23177A224);
September 12, 2023, (ML23255A095);
November 21, 2023, (ML23325A206);
January 26, 2024, (ML24026A296)
Location in Application of NSHC Pages 24 - 28 of Attachment 1 of the supplement dated September 12, 2023 The proposed amendments would change both the design and technical specifications to permit the use of a new single digital instrumentation and controls system to replace analog instrumentation of reactor protection system, analog nuclear steam supply shutoff system, emergency core cooling system, reactor core isolation cooling system, and end-of-cycle recirculation pump trip at Limerick. In Brief Description of Amendment(s) addition, the proposed amendments would change the classification of the redundant reactivity control system from safety-related to nonsafety-related, eliminate the automatic redundant reactivity control system feedwater runback function, eliminate the automatic isolation function for the turbine enclosure main steam line tunnel, eliminate several surveillance requirements, and allow the use of automated operator aids (or automated controls) from main control room.
Proposed Determination NSHC Jason Zorn, Associate General Counsel, Name of Attorney for Licensee, Mailing Constellation Energy Generation, 101 Address Constitution Ave, NW, Suite 400 East, Washington, DC 20001 NRC Project Manager, Telephone Number Michael L. Marshall, Jr., 301-415-2871
10 Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards
Information for Contention Preparation
Constellation Energy Generating, LLC
Limerick Generating Station, Units 1 and 2, Montgomery County, PA
A. This Order contains instructions regarding how potential parties to this
proceeding may request access to documents containing Sensitive Unclassified Non-
Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing or opportunity for
hearing, any potential party who believes access to SUNSI is necessary to respond to
this notice may request access to SUNSI. A potential party is any person who intends
to participate as a party by demonstrating standing and filing an admissible contention
under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after
publication of this notice will not be considered absent a showing of good cause for the
late filing, addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to access
SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and
provide a copy to the Deputy General Counsel for Licensing, Hearings, and
Enforcement, 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 addresses for the Office of the Secretary and the Office of
the General Counsel are Hearing.Docket@nrc.gov and
11 RidsOgcMailCenter.Resource@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 partys 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
requestors 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,
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), 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
1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.
12 signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 2 setting forth
terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by
each individual who will be granted access to SUNSI.
F. Filing of Contentions. Any contentions in these proceedings that are
based upon the information received as a result of the request made for SUNSI must be
filed by the requestor no later than 25 days after receipt of (or access to) that
information. However, if more than 25 days remain between the petitioners 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.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff after a
determination on standing and requisite need, the NRC staff shall immediately notify the
requestor in writing, briefly stating the reason or reasons for the denial.
(2) The requestor may challenge the NRC staffs 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 this individual 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.
(3) Further appeals of decisions under this paragraph must be made
2 Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.
13 pursuant to 10 CFR 2.311.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose release would
harm that partys interest independent of the proceeding. Such a challenge must be filed
within 5 days of the notification by the NRC sta ff 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 this individual 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. 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. The attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
3 Requestors should note that the filing requirements of the NRCs E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) 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.
Dated: April 15, 2024.
For the Nuclear Regulatory Commission.
/RA/
Carrie Safford, Secretary of the Commission.
15 ATTACHMENT 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in this Proceeding
Day Event/Activity 0 Publication of Federal Register notice of hearing or opportunity for hearing, including order with instructions for access requests.
10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: (i) supporting the standing of a potential party identified by name and address; and (ii) describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.
60 Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI.
(NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
25 If NRC staff finds no need or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staffs 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 staffs 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 proce ssing and file motion for Protective Order and draft Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI.
A If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information
16 Day Event/Activity (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-Discl osure Agreements or Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or notice of opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers.
17