ML21033A845

NRR E-mail Capture - State Notification of Amendments to Shearon Harris Nuclear Power Plant, Unit 1 - Revision Minimum RCS Flow Rate and Update COLR References

ML21033A845
Person / Time
Site:	Harris
Issue date:	02/02/2021
From:	Michael Mahoney NRC/NRR/DORL/LPL2-2
To:	Cox L State of NC, Dept of Health & Human Services
References
L-2020-LLA-0045
Download: ML21033A845 (7)

Text

From: Mahoney, Michael Sent: Tuesday, February 2, 2021 8:29 AM To: Cox, Lee

Subject:

State Notification of Amendments to Shearon Harris Nuclear Power Plant, Unit 1 - Revision Minimum RCS Flow Rate and Update COLR References Attachments: 85 FR 69660.pdf Good Morning Mr. Cox, We are near completion of an amendment for the Shearon Harris Nuclear Power Plant, Unit 1 (HNP), to revise Technical Specification 3/4.2.5, DNB [Departure from Nucleate Boiling]

Parameters, and TS 6.9.1.6, Core Operating Limits Report in support of analysis development for HNP Cycle 24 and the introduction of reload batches of Framatome, Inc. (Framatome) GAIA (GAIA) fuel assemblies. TS 3/4.2.5 is revised to reflect a lower minimum Reactor Coolant System (RCS) flow rate, whereas TS 6.9.1.6.2 is revised to reflect the incorporation of the Framatome topical report EMF-2103(P)(A), Revision 3, Realistic Large Break LOCA [Loss-of-Coolant Accident] Methodology for Pressurized Water Reactors. TS 6.9.1.6.2 is also revised to reflect the removal of analytical methods no longer applicable for the determination of HNP core operating limits. In addition, as part of the submitted license amendment request, the licensee provided an updated small break LOCA, reflecting the proposed lower minimum RCS flow rate and the use of GAIA fuel assemblies.

The application is dated March 6, 2020 as supplemented by letters date April 23, June 22 and November 24, 2020, (ADAMS Accession Nos. ML20066L108, ML20114E131, ML20174A640, and ML20329A386, respectively).

The no significant hazards consideration determination was noticed in the Federal Register on November 3, 2020 (85 FR 69660), attached.

Please respond if you have any or no comments.

Thanks Mike Mahoney Project Manager, LPL2-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Desk: (301)-415-3867 Mobile: (301)-250-0450 Email: Michael.Mahoney@nrc.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official. Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing State procurement effort, is prohibited by law. If you have received this email in error, please notify the sender immediately and delete all records of this email.

Hearing Identifier: NRR_DRMA Email Number: 995 Mail Envelope Properties (MN2PR09MB5531D0189471B1AAAD3363A7E5B59)

Subject:

State Notification of Amendments to Shearon Harris Nuclear Power Plant, Unit 1

- Revision Minimum RCS Flow Rate and Update COLR References Sent Date: 2/2/2021 8:28:39 AM Received Date: 2/2/2021 8:28:40 AM From: Mahoney, Michael Created By: Michael.Mahoney@nrc.gov Recipients:

"Cox, Lee" <lee.cox@dhhs.nc.gov>

Tracking Status: None Post Office: MN2PR09MB5531.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 2244 2/2/2021 8:28:40 AM 85 FR 69660.pdf 264079 Options Priority: Normal Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:

69660 Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Notices NUCLEAR REGULATORY 0001, ATTN: Program Management, The NRC cautions you not to include COMMISSION Announcements and Editing Staff. identifying or contact information that For additional direction on obtaining you do not want to be publicly

[NRC-2020-0228] information and submitting comments, disclosed in your comment submission.

see Obtaining Information and The NRC will post all comment Applications and Amendments to Submitting Comments in the submissions at https://

Facility Operating Licenses and SUPPLEMENTARY INFORMATION section of www.regulations.gov as well as enter the Combined Licenses Involving this document. comment submissions into ADAMS.

Proposed No Significant Hazards FOR FURTHER INFORMATION CONTACT: The NRC does not routinely edit Considerations and Containing Janet Burkhardt, Office of Nuclear comment submissions to remove Sensitive Unclassified Non-Safeguards Reactor Regulation, U.S. Nuclear identifying or contact information.

Information and Order Imposing Regulatory Commission, Washington, Procedures for Access to Sensitive If you are requesting or aggregating DC 20555-0001, telephone: 301-415- comments from other persons for Unclassified Non-Safeguards 1384, email: janet.burkhardt@nrc.gov.

Information submission to the NRC, then you should SUPPLEMENTARY INFORMATION: inform those persons not to include AGENCY: Nuclear Regulatory identifying or contact information that I. Obtaining Information and Commission. they do not want to be publicly Submitting Comments ACTION: License amendment request; disclosed in their comment submission.

notice of opportunity to comment, A. Obtaining Information Your request should state that the NRC request a hearing, and petition for leave Please refer to Docket ID NRC-2020- does not routinely edit comment to intervene; order imposing 0228, facility name, unit number(s), submissions to remove such information procedures. docket number(s), application date, and before making the comment subject when contacting the NRC about submissions available to the public or

SUMMARY

The U.S. Nuclear Regulatory the availability of information for this entering the comment into ADAMS.

Commission (NRC) received and is action. You may obtain publicly considering approval of one amendment available information related to this II. Background request. The amendment request is for action by any of the following methods:

Shearon Harris Nuclear Power Plant, Pursuant to Section 189a.(2) of the

• Federal Rulemaking Website: Go to Atomic Energy Act of 1954, as amended Unit 1. For the amendment request, the https://www.regulations.gov and search (the Act), the NRC is publishing this NRC proposes to determine that it for Docket ID NRC-2020-0228. notice. The Act requires the involves no significant hazards consideration (NSHC). Because the

• NRCs Agencywide Documents Commission to publish notice of any amendment request contains sensitive Access and Management System amendments issued, or proposed to be unclassified non-safeguards information (ADAMS): You may obtain publicly issued, and grants the Commission the (SUNSI), an order imposes procedures available documents online in the authority to issue and make to obtain access to SUNSI for contention ADAMS Public Documents collection at immediately effective any amendment preparation. https://www.nrc.gov/reading-rm/

to an operating license or combined adams.html. To begin the search, select DATES: Comments must be filed by Begin Web-based ADAMS Search. For license, as applicable, upon a December 3, 2020. A request for a problems with ADAMS, please contact determination by the Commission that hearing or petitions for leave to the NRCs Public Document Room (PDR) such amendment involves NSHC, intervene must be filed by January 4, reference staff at 1-800-397-4209, 301- notwithstanding the pendency before 2021. Any potential party as defined in 415-4737, or by email to pdr.resource@ the Commission of a request for a section 2.4 of title 10 of the Code of nrc.gov. The ADAMS accession number hearing from any person.

Federal Regulations (10 CFR) who for each document referenced (if it is This notice includes a notice of an believes access to SUNSI is necessary to available in ADAMS) is provided the application for an amendment respond to this notice must request first time that it is mentioned in this document access by November 13, 2020. containing SUNSI.

document.

ADDRESSES: You may submit comments

• Attention: The PDR, where you may III. Notice of Consideration of Issuance by any of the following methods; examine and order copies of public of Amendments to Facility Operating however, the NRC encourages electronic documents is currently closed. You may Licenses and Combined Licenses, comment submission through the submit your request to the PDR via Proposed No Significant Hazards Federal Rulemaking website: email at PDR.Resource@nrc.gov or call Consideration Determination, and

• Federal Rulemaking Website: Go to 1-800-397-4209 between 8:00 a.m. and Opportunity for a Hearing https://www.regulations.gov and search 4:00 p.m. Eastern Standard Time (EST),

for Docket ID NRC-2020-0228. Address Monday through Friday, except Federal The Commission has made a questions about NRC Docket IDs in holidays. proposed determination that the Regulations.gov to Jennifer Borges; following amendment request involves telephone: 301-287-9127; email: B. Submitting Comments NSHC. Under the Commissions Jennifer.Borges@nrc.gov. For technical regulations in 10 CFR 50.92, this means khammond on DSKJM1Z7X2PROD with NOTICES The NRC encourages electronic questions, contact the individual listed comment submission through the that operation of the facility in in the FOR FURTHER INFORMATION Federal Rulemaking Website (https:// accordance with the proposed CONTACT section of this document. www.regulations.gov). Please include amendment would not (1) involve a

• Mail comments to: Office of Docket ID NRC-2020-0228, facility significant increase in the probability or Administration, Mail Stop: TWFN name, unit number(s), docket consequences of an accident previously A60M, U.S. Nuclear Regulatory number(s), application date, and evaluated, or (2) create the possibility of Commission, Washington, DC 20555- subject, in your comment submission.

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Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Notices 69661 a new or different kind of accident from made a party to the proceeding; (3) the final determination is that the any accident previously evaluated, or nature and extent of the petitioners amendment request involves NSHC, the (3) involve a significant reduction in a property, financial, or other interest in Commission may issue the amendment margin of safety. The basis for this the proceeding; and (4) the possible and make it immediately effective, proposed determination for the effect of any decision or order which notwithstanding the request for a amendment request is shown below. may be entered in the proceeding on the hearing. Any hearing would take place The Commission is seeking public petitioners interest. after issuance of the amendment. If the comments on this proposed In accordance with 10 CFR 2.309(f), final determination is that the determination. Any comments received the petition must also set forth the amendment request involves a within 30 days after the date of specific contentions that the petitioner significant hazards consideration, then publication of this notice will be seeks to have litigated in the any hearing held would take place considered in making any final proceeding. Each contention must before the issuance of the amendment determination. consist of a specific statement of the unless the Commission finds an Normally, the Commission will not issue of law or fact to be raised or imminent danger to the health or safety issue the amendment until the controverted. In addition, the petitioner of the public, in which case it will issue expiration of 60 days after the date of must provide a brief explanation of the an appropriate order or rule under 10 publication of this notice. The bases for the contention and a concise CFR part 2.

Commission may issue the license statement of the alleged facts or expert A State, local governmental body, amendment before expiration of the 60- opinion that support the contention and Federally recognized Indian Tribe, or day period provided that its final on which the petitioner intends to rely agency thereof, may submit a petition to determination is that the amendment in proving the contention at the hearing. the Commission to participate as a party involves NSHC. In addition, the The petitioner must also provide under 10 CFR 2.309(h)(1). The petition Commission may issue the amendment references to the specific sources and should state the nature and extent of the prior to the expiration of the 30-day documents on which the petitioner petitioners interest in the proceeding.

comment period if circumstances intends to rely to support its position on The petition should be submitted to the change during the 30-day comment the issue. The petition must include Commission no later than 60 days from period such that failure to act in a sufficient information to show that a the date of publication of this notice.

timely way would result, for example, genuine dispute exists with the The petition must be filed in accordance in derating or shutdown of the facility. applicant or licensee on a material issue with the filing instructions in the If the Commission takes action prior to of law or fact. Contentions must be Electronic Submissions (E-Filing) the expiration of either the comment limited to matters within the scope of section of this document, and should period or the notice period, it will the proceeding. The contention must be meet the requirements for petitions set publish a notice of issuance in the one that, if proven, would entitle the forth in this section, except that under Federal Register. If the Commission petitioner to relief. A petitioner who 10 CFR 2.309(h)(2) a State, local makes a final NSHC determination, any fails to satisfy the requirements at 10 governmental body, or Federally hearing will take place after issuance. CFR 2.309(f) with respect to at least one recognized Indian Tribe, or agency The Commission expects that the need contention will not be permitted to thereof does not need to address the to take this action will occur very participate as a party. standing requirements in 10 CFR infrequently. Those permitted to intervene become 2.309(d) if the facility is located within parties to the proceeding, subject to any its boundaries. Alternatively, a State, A. Opportunity To Request a Hearing limitations in the order granting leave to local governmental body, Federally and Petition for Leave To Intervene intervene. Parties have the opportunity recognized Indian Tribe, or agency Within 60 days after the date of to participate fully in the conduct of the thereof may participate as a non-party publication of this notice, any persons hearing with respect to resolution of under 10 CFR 2.315(c).

(petitioner) whose interest may be that partys admitted contentions, If a petition is submitted, any person affected by this action may file a request including the opportunity to present who is not a party to the proceeding and for a hearing and petition for leave to evidence, consistent with the NRCs is not affiliated with or represented by intervene (petition) with respect to the regulations, policies, and procedures. a party may, at the discretion of the action. Petitions shall be filed in Petitions must be filed no later than presiding officer, be permitted to make accordance with the Commissions 60 days from the date of publication of a limited appearance pursuant to the Agency Rules of Practice and this notice. Petitions and motions for provisions of 10 CFR 2.315(a). A person Procedure in 10 CFR part 2. Interested leave to file new or amended making a limited appearance may make persons should consult a current copy contentions that are filed after the an oral or written statement of his or her of 10 CFR 2.309. The NRCs regulations deadline will not be entertained absent position on the issues but may not are accessible electronically from the a determination by the presiding officer otherwise participate in the proceeding.

NRC Library on the NRCs website at that the filing demonstrates good cause A limited appearance may be made at https://www.nrc.gov/reading-rm/doc- by satisfying the three factors in 10 CFR any session of the hearing or at any collections/cfr/. If a petition is filed, the 2.309(c)(1)(i) through (iii). The petition prehearing conference, subject to the Commission or a presiding officer will must be filed in accordance with the limits and conditions as may be rule on the petition and, if appropriate, filing instructions in the Electronic imposed by the presiding officer. Details a notice of a hearing will be issued. Submissions (E-Filing) section of this regarding the opportunity to make a khammond on DSKJM1Z7X2PROD with NOTICES As required by 10 CFR 2.309(d), the document. limited appearance will be provided by petition should specifically explain the If a hearing is requested, and the the presiding officer if such sessions are reasons why intervention should be Commission has not made a final scheduled.

permitted with particular reference to determination on the issue of NSHC, the the following general requirements for Commission will make a final B. Electronic Submissions (E-Filing) standing: (1) The name, address, and determination on the issue of NSHC. All documents filed in NRC telephone number of the petitioner; (2) The final determination will serve to adjudicatory proceedings, including a the nature of the petitioners right to be establish when the hearing is held. If the request for hearing and petition for VerDate Sep<11>2014 16:55 Nov 02, 2020 Jkt 253001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1

69662 Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Notices leave to intervene (petition), any motion site-help/electronic-sub-ref-mat.html. A documents in this manner are or other document filed in the filing is considered complete at the time responsible for serving the document on proceeding prior to the submission of a the document is submitted through the all other participants. Filing is request for hearing or petition to NRCs E-Filing system. To be timely, an considered complete by first-class mail intervene, and documents filed by electronic filing must be submitted to as of the time of deposit in the mail, or interested governmental entities that the E-Filing system no later than 11:59 by courier, express mail, or expedited request to participate under 10 CFR p.m. EST on the due date. Upon receipt delivery service upon depositing the 2.315(c), must be filed in accordance of a transmission, the E-Filing system document with the provider of the with the NRCs E-Filing rule (72 FR time-stamps the document and sends service. A presiding officer, having 49139; August 28, 2007, as amended at the submitter an email notice granted an exemption request from 77 FR 46562; August 3, 2012). The E- confirming receipt of the document. The using E-Filing, may require a participant Filing process requires participants to E-Filing system also distributes an email or party to use E-Filing if the presiding submit and serve all adjudicatory notice that provides access to the officer subsequently determines that the documents over the internet, or in some document to the NRCs Office of the reason for granting the exemption from cases to mail copies on electronic General Counsel and any others who use of E-Filing no longer exists.

storage media. Detailed guidance on have advised the Office of the Secretary Documents submitted in adjudicatory making electronic submissions may be that they wish to participate in the proceedings will appear in the NRCs found in the Guidance for Electronic proceeding, so that the filer need not electronic hearing docket, which is Submissions to the NRC and on the NRC serve the document on those available to the public at https://

website at https://www.nrc.gov/site- participants separately. Therefore, adams.nrc.gov/ehd, unless excluded help/e-submittals.html. Participants applicants and other participants (or pursuant to an order of the Commission may not submit paper copies of their their counsel or representative) must or the presiding officer. If you do not filings unless they seek an exemption in apply for and receive a digital ID have an NRC-issued digital ID certificate accordance with the procedures certificate before adjudicatory as described above, click cancel when described below. documents are filed so that they can the link requests certificates and you To comply with the procedural obtain access to the documents via the will be automatically directed to the requirements of E-Filing, at least 10 E-Filing system. NRCs electronic hearing dockets where days prior to the filing deadline, the A person filing electronically using you will be able to access any publicly participant should contact the Office of the NRCs adjudicatory E-Filing system available documents in a particular the Secretary by email at may seek assistance by contacting the hearing docket. Participants are hearing.docket@nrc.gov, or by telephone NRCs Electronic Filing Help Desk requested not to include personal at 301-415-1677, to (1) request a digital through the Contact Us link located privacy information, such as social identification (ID) certificate, which on the NRCs public website at https:// security numbers, home addresses, or allows the participant (or its counsel or www.nrc.gov/site-help/e- personal phone numbers in their filings, representative) to digitally sign submittals.html, by email to unless an NRC regulation or other law submissions and access the E-Filing MSHD.Resource@nrc.gov, or by a toll- requires submission of such system for any proceeding in which it free call at 1-866-672-7640. The NRC information. For example, in some is participating; and (2) advise the Electronic Filing Help Desk is available instances, individuals provide home Secretary that the participant will be between 9 a.m. and 6 p.m., EST, addresses in order to demonstrate submitting a petition or other Monday through Friday, excluding proximity to a facility or site. With adjudicatory document (even in government holidays. respect to copyrighted works, except for instances in which the participant, or its Participants who believe that they limited excerpts that serve the purpose counsel or representative, already holds have a good cause for not submitting of the adjudicatory filings and would an NRC-issued digital ID certificate). documents electronically must file an constitute a Fair Use application, Based upon this information, the exemption request, in accordance with participants are requested not to include Secretary will establish an electronic 10 CFR 2.302(g), with their initial paper copyrighted materials in their docket for the hearing in this proceeding filing stating why there is good cause for submission.

if the Secretary has not already not filing electronically and requesting The table below provides the plant established an electronic docket. authorization to continue to submit name, docket number, date of Information about applying for a documents in paper format. Such filings application, ADAMS accession number, digital ID certificate is available on the must be submitted by: (1) First class and location in the application of the NRCs public website at https:// mail addressed to the Office of the licensees proposed NSHC www.nrc.gov/site-help/e-submittals/ Secretary of the Commission, U.S. determination. For further details with getting-started.html. Once a participant Nuclear Regulatory Commission, respect to this license amendment has obtained a digital ID certificate and Washington, DC 20555-0001, Attention: application, see the application for a docket has been created, the Rulemaking and Adjudications Staff; or amendment, which is available for participant can then submit (2) courier, express mail, or expedited public inspection in ADAMS. For adjudicatory documents. Submissions delivery service to the Office of the additional direction on accessing must be in Portable Document Format Secretary, 11555 Rockville Pike, information related to this document, khammond on DSKJM1Z7X2PROD with NOTICES (PDF). Additional guidance on PDF Rockville, Maryland 20852, Attention: see the Obtaining Information and submissions is available on the NRCs Rulemaking and Adjudications Staff. Submitting Comments section of this public website at https://www.nrc.gov/ Participants filing adjudicatory document.

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Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Notices 69663 Duke Energy Progress, LLC; Shearon Harris Nuclear Power Plant, Unit 1; Wake and Chatham Counties, NC Docket No(s) ....................................................... 50-400.

Application Date .................................................. March 6, 2020, as supplemented by letters dated April 23 and June 22, 2020.

ADAMS Accession No(s) .................................... ML20066L112, ML20114E131, and ML20174A640.

Location in Application of NSHC ........................ Pages 19-21 of Enclosure 1.

Brief Description of Amendment(s) .................... The amendment would revise Technical Specification (TS) 34.2.5, DNB [Departure-from-Nu-cleate-Boiling] Parameters, and TS 6.9.1.6, Core Operating Limits Report, in support of analysis development for Shearon Harris Nuclear Power Plant, Unit 1, Cycle 24 and the in-troduction of reload batches of Framatome, Inc. (Framatome) GAIA fuel assemblies. The amendment would also revise TS 34.2.5 to reflect a lower minimum reactor coolant system (RCS) flow rate and would revise TS 6.9.1.6.2 to reflect incorporation of the Framatome top-ical report EMF-2103(P)(A), Revision 3, Realistic Large Break LOCA [Loss-of-Coolant Ac-cident] Methodology for Pressurized Water Reactors. The amendment would also revise TS 6.9.1.6.2 to reflect the removal of analytical methods no longer applicable for the determina-tion of the core operating limits. Additionally, as part of the license amendment request, the licensee provided an updated Small Break LOCA analysis reflecting the proposed lower minimum RCS flow rate and featuring Framatome GAIA fuel.

Proposed Determination ..................................... NSHC.

Name of Attorney for Licensee, Mailing Address David Cummings, Associate General Counsel, Mail Code DEC45, 550 South Tryon Street, Charlotte, NC 28202.

NRC Project Manager, Telephone Number ....... Michael Mahoney, 301-415-3867.

Order Imposing Procedures for Access General Counsel are Hearing.Docket@ how the requestor may obtain copies of to Sensitive Unclassified Non- nrc.gov and the requested documents, and any other Safeguards Information for Contention RidsOgcMailCenter.Resource@nrc.gov, conditions that may apply to access to Preparation respectively.1 The request must include those documents. These conditions may Duke Energy Progress, LLC; Docket No. the following information: include, but are not limited to, the (1) A description of the licensing signing of a Non-Disclosure Agreement 50-400; Shearon Harris Nuclear Power action with a citation to this Federal or Affidavit, or Protective Order 2 setting Plant, Unit 1; Wake and Chatham Register notice; forth terms and conditions to prevent Counties, NC (2) The name and address of the the unauthorized or inadvertent A. This Order contains instructions potential party and a description of the disclosure of SUNSI by each individual regarding how potential parties to this potential partys particularized interest who will be granted access to SUNSI.

proceeding may request access to that could be harmed by the action F. Filing of Contentions. Any documents containing SUNSI. identified in C.(1); and contentions in these proceedings that B. Within 10 days after publication of (3) The identity of the individual or are based upon the information received this notice of hearing and opportunity to entity requesting access to SUNSI and as a result of the request made for petition for leave to intervene, any the requestors basis for the need for the SUNSI must be filed by the requestor no potential party who believes access to information in order to meaningfully later than 25 days after receipt of (or SUNSI is necessary to respond to this participate in this adjudicatory access to) that information. However, if notice may request access to SUNSI. A proceeding. In particular, the request more than 25 days remain between the potential party is any person who must explain why publicly available petitioners receipt of (or access to) the intends to participate as a party by versions of the information requested information and the deadline for filing demonstrating standing and filing an would not be sufficient to provide the all other contentions (as established in admissible contention under 10 CFR basis and specificity for a proffered the notice of hearing or opportunity for 2.309. Requests for access to SUNSI contention. hearing), the petitioner may file its submitted later than 10 days after D. Based on an evaluation of the SUNSI contentions by that later publication of this notice will not be information submitted under paragraph deadline.

considered absent a showing of good C.(3) the NRC staff will determine G. Review of Denials of Access.

cause for the late filing, addressing why within 10 days of receipt of the request (1) If the request for access to SUNSI the request could not have been filed whether: is denied by the NRC staff after a earlier. (1) There is a reasonable basis to determination on standing and requisite C. The requestor shall submit a letter believe the petitioner is likely to need, the NRC staff shall immediately requesting permission to access SUNSI establish standing to participate in this notify the requestor in writing, briefly to the Office of the Secretary, U.S. NRC proceeding; and stating the reason or reasons for the Nuclear Regulatory Commission, (2) The requestor has established a denial.

Washington, DC 20555-0001, Attention: legitimate need for access to SUNSI. (2) The requestor may challenge the Rulemakings and Adjudications Staff, E. If the NRC staff determines that the NRC staffs adverse determination by and provide a copy to the Deputy requestor satisfies both D.(1) and D.(2) filing a challenge within 5 days of General Counsel for Hearings and above, the NRC staff will notify the receipt of that determination with: (a)

Administration, Office of the General requestor in writing that access to The presiding officer designated in this khammond on DSKJM1Z7X2PROD with NOTICES Counsel, U.S. Nuclear Regulatory SUNSI has been granted. The written proceeding; (b) if no presiding officer Commission, Washington, DC 20555- notification will contain instructions on has been appointed, the Chief 0001. The expedited delivery or courier mail address for both offices is: U.S. 1 While a request for hearing or petition to 2 Any motion for Protective Order or draft Non-Nuclear Regulatory Commission, 11555 intervene in this proceeding must comply with the Disclosure Affidavit or Agreement for SUNSI must filing requirements of the NRCs E-Filing Rule, be filed with the presiding officer or the Chief Rockville Pike, Rockville, Maryland the initial request to access SUNSI under these Administrative Judge if the presiding officer has not 20852. The email address for the Office procedures should be submitted as described in this yet been designated, within 30 days of the deadline of the Secretary and the Office of the paragraph. for the receipt of the written access request.

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69664 Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Notices Administrative Judge, or if he or she is officer has been appointed, the Chief consider and resolve requests for access unavailable, another administrative Administrative Judge, or if he or she is to SUNSI, and motions for protective judge, or an Administrative Law Judge unavailable, another administrative orders, in a timely fashion in order to with jurisdiction pursuant to 10 CFR judge, or an Administrative Law Judge minimize any unnecessary delays in 2.318(a); or (c) if another officer has with jurisdiction pursuant to 10 CFR identifying those petitioners who have been designated to rule on information 2.318(a); or (c) if another officer has standing and who have propounded access issues, with that officer. been designated to rule on information contentions meeting the specificity and (3) Further appeals of decisions under access issues, with that officer. basis requirements in 10 CFR part 2.

this paragraph must be made pursuant If challenges to the NRC staff The attachment to this Order to 10 CFR 2.311. determinations are filed, these summarizes the general target schedule H. Review of Grants of Access. A procedures give way to the normal for processing and resolving requests party other than the requestor may process for litigating disputes challenge an NRC staff determination under these procedures.

concerning access to information. The granting access to SUNSI whose release availability of interlocutory review by It is so ordered.

would harm that partys interest the Commission of orders ruling on Dated: October 19, 2020.

independent of the proceeding. Such a such NRC staff determinations (whether For the Nuclear Regulatory Commission.

challenge must be filed within 5 days of granting or denying access) is governed Annette L. Vietti-Cook, the notification by the NRC staff of its by 10 CFR 2.311.3 grant of access and must be filed with: I. The Commission expects that the Secretary of the Commission.

(a) The presiding officer designated in NRC staff and presiding officers (and this proceeding; (b) if no presiding any other reviewing officers) will ATTACHMENT 1GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/Activity 0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-structions for access requests.

10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:

Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-lation 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 in-forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-essing (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 processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-tive 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 opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline.

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

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

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

[FR Doc. 2020-23425 Filed 11-2-20; 8:45 am]

khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 7590-01-P 3 Requestors should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI request requirements of the NRCs E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures.

49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as VerDate Sep<11>2014 16:55 Nov 02, 2020 Jkt 253001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1