[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 137-142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32999]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0289]


Applications and Amendments to Facility Operating Licenses 
Involving Proposed No Significant Hazards Considerations and Containing 
Sensitive Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to comment and request a 
hearing, order.

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DATES: Comments must be filed by February 2, 2012. A request for a 
hearing must be filed by March 5, 2012. Any potential party as defined 
in Title 10 of the Code of Federal Regulations (10 CFR) 2.4 who 
believes access to Sensitive Unclassified Non-Safeguards Information 
(SUNSI) is necessary to respond to this notice must request document 
access by January 13, 2012.

ADDRESSES: Please include Docket ID NRC-2011-0289 in the subject line 
of your comments. For additional instructions on submitting comments 
and instructions on accessing documents related to this action, see 
``Submitting Comments and Accessing Information'' in the SUPPLEMENTARY 
INFORMATION section of this document. You may submit comments by any 
one of the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0289. Address questions about NRC dockets to Carol Gallagher, 
telephone: (301) 492-3668; email: Carol.Gallagher@nrc.gov.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at (301) 492-3446.

SUPPLEMENTARY INFORMATION: 

Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal rulemaking Web site, http://www.regulations.gov. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You can access publicly available documents related to this 
document using the following methods:
     NRC's Public Document Room (PDR): The public may examine 
and have copied, for a fee, publicly available documents at the NRC's 
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 
which provides text and image files of the NRC's public documents. If 
you do not have access to ADAMS or if there are problems in accessing 
the documents located in ADAMS, contact the NRC's PDR reference staff 
at 1-(800) 397-4209, (301) 415-4737, or by email to 
pdr.resource@nrc.gov.
     Federal Rulemaking Web Site: Public comments and 
supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID NRC-2011-0289.

Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the U.S. Nuclear Regulatory Commission (the 
Commission or NRC staff) is publishing this notice. The Act requires 
the Commission publish notice of any amendments issued, or proposed to 
be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license upon a

[[Page 138]]

determination by the Commission that such amendment involves no 
significant hazards consideration, notwithstanding the pendency before 
the Commission of a request for a hearing from any person.
    This notice includes notices of amendments containing SUNSI.

Notice of Consideration of Issuance of Amendments to Facility Operating 
Licenses, Proposed No Significant Hazards Consideration Determination, 
and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 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; (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.
    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license. 
Requests for a hearing and a petition for leave to intervene shall be 
filed in accordance with the Commission's ``Rules of Practice for 
Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested person(s) 
should consult a current copy of 10 CFR 2.309, which is available at 
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852. The NRC 
regulations are accessible electronically from the NRC Library on the 
NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If 
a request for a hearing or petition for leave to intervene is filed 
within 60 days, the Commission or a presiding officer designated by the 
Commission or by the Chief Administrative Judge of the Atomic Safety 
and Licensing Board Panel, will rule on the request and/or petition; 
and the Secretary or the Chief Administrative Judge of the Atomic 
Safety and Licensing Board will issue a notice of a hearing or an 
appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also set forth the specific contentions which the requestor/petitioner 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held. If the final determination is that 
the amendment request involves no significant hazards consideration, 
the Commission may issue the amendment and make it immediately 
effective, notwithstanding the request for a hearing. Any hearing held 
would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of any amendment.
    All documents filed in the NRC adjudicatory proceedings, including 
a request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the

[[Page 139]]

participant should contact the Office of the Secretary by email 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) to digitally sign 
documents and access the E-Submittal server for any proceeding in which 
it is participating; and (2) advise the Secretary that the participant 
will be submitting a request or petition for hearing (even in instances 
in which the participant, or its counsel or representative, already 
holds an NRC-issued digital ID certificate). Based upon this 
information, the Secretary will establish an electronic docket for the 
hearing in this proceeding if the Secretary has not already established 
an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with the NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC 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 agency'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 Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
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. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Non-timely filings 
will not be entertained absent a determination by the presiding officer 
that the petition or request should be granted or the contentions 
should be admitted, based on a balancing of the factors specified in 10 
CFR 2.309(c)(1)(i)-(viii).
    For further details with respect to this amendment action, see the 
application for amendment which is available for public inspection at 
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly 
available documents created or received at the NRC are accessible 
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there 
are problems in accessing the documents located in ADAMS, contact the 
PDR Reference staff at 1-(800) 397-4209, (301) 415-4737, or by email to 
pdr.resource@nrc.gov.

Exelon Generation Company, LLC, Docket No. 50-373, LaSalle County 
Station (LSCS), Unit 1, LaSalle County, Illinois

    Date of amendment request: October 12, 2011.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment would revise Technical Specifications (TS) Section 2.1.1, 
``Reactor Core SLs [Safety Limits],'' to reflect an increase of the two 
recirculation loop minimum critical power ratio (MCPR) SL from >= 1.11 
to

[[Page 140]]

>= 1.13 and an increase in the single recirculation loop MCPR SL from 
>= 1.12 to >= 1.15. The change is required to support the LSCS, Cycle 
15, operation. Cycle 15 will be the first cycle of operation with a 
mixed core containing the following fuel types: fresh Global Nuclear 
Fuel (GNF) GNF2 fuel, and reloaded Areva ATRIUM-10 fuel.
    Basis for proposed no significant hazards consideration 
determination: In support of the no significant hazards consideration 
determination, an evaluation of each of the criteria set forth in 10 
CFR 50.92, ``Issuance of amendment'' is provided below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The Minimum Critical Power Ratio Safety Limit (MCPR SL) is 
defined in the TS Bases Section B 2.1.1 as that limit ``that, in the 
event of an AOO [Anticipated Operational Occurrence] from the 
limiting condition of operation, at least 99.9% of the fuel rods in 
the core would be expected to avoid boiling transition.'' The MCPR 
SL satisfies the requirements of General Design Criterion 10 of 
Appendix A to 10 CFR Part 50 regarding acceptable fuel design 
limits. The MCPR SL is reevaluated for each reload using NRC-
approved methodologies. The analyses for LSCS, Unit 1, Cycle 15 have 
concluded that a two-loop MCPR SL of >= 1.13, based on the 
application of Global Nuclear Fuel's (GNF's) NRC-approved MCPR SL 
methodology, will ensure that this acceptance criterion is met. For 
single-loop operation, a MCPR SL of >= 1.15 also ensures that this 
acceptance criterion is met. The MCPR operating limits are presented 
and controlled in accordance with the LSCS, Unit 1 Core Operating 
Limits Report (COLR).
    The requested Technical Specification changes do not involve any 
plant modifications or operational changes that could affect system 
reliability or performance or that could affect the probability of 
operator error. The requested changes do not affect any postulated 
accident precursors, do not affect any accident mitigating systems, 
and do not introduce any new accident initiation mechanisms.
    Therefore, the changes to the Minimum Critical Power Ratio 
safety limit do not involve a significant increase in the 
probability or consequences of any accident previously evaluated.

    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The GNF2 fuel to be used in Cycle 15 is of a design compatible 
with the co-resident Areva ATRIUM-10 fuel. Therefore, the 
introduction of GNF2 fuel into the Cycle 15 core will not create the 
possibility of a new or different kind of accident. The proposed 
change does not involve any new modes of operation, any changes to 
setpoints, or any plant modifications. The proposed revised MCPR SLs 
have accounted for the mixed fuel core and have been shown to be 
acceptable for Cycle 15 operation. Compliance with the criterion for 
incipient boiling transition continues to be ensured. The core 
operating limits will continue to be developed using NRC approved 
methods which also account for the mixed fuel core design. The 
proposed MCPR SLs or methods for establishing the core operating 
limits do not result in the creation of any new precursors to an 
accident.
    Therefore, this change does not create the possibility of a new 
or different kind of accident from any previously evaluated.

    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The MCPR SLs have been evaluated in accordance with GNF's NRC-
approved cycle-specific limit methodology to ensure that during 
normal operation and during AOO's at least 99.9% of the fuel rods in 
the core are not expected to experience transition boiling. The 
proposed revised MCPR SLs have accounted for the mixed fuel core and 
have been shown to be acceptable for Cycle 15 operation. Compliance 
with the criterion for incipient boiling transition continues to be 
ensured. On this basis, the implementation of the change to the MCPR 
SLs does not involve a significant reduction in a margin of safety.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
requested amendments involve no significant hazards consideration.
    Attorney for licensee: Mr. Bradley J. Fewell, Associate General 
Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
    NRC Branch Chief: Jacob. I. Zimmerman.

Exelon Generation Company, LLC (EGC), Docket No. 50-265, Quad Cities 
Nuclear Power Station (QCNPS), Unit 2, Rock Island County, Illinois

    Date of amendment request: November 22, 2011.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise the QCNPS, Unit 2 safety limit minimum critical 
power ratio (SLMCPR) in TS Section 2.1.1, ``Reactor Core SLs.'' 
Specifically, the QCNPS Unit 2 two recirculation loop SLMCPR and single 
recirculation loop SLMCPR are changed to support the upcoming Cycle 22 
operation.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The Safety Limit Minimum Critical Power Ratio (SLMCPR) is 
defined in the TS Bases Section B 2.1.1 as that limit ``that, in the 
event of an AOO [Anticipated Operational Occurrence] from the 
limiting condition of operation, at least 99.9% of the fuel rods in 
the core would be expected to avoid boiling transition.'' The SLMCPR 
satisfies the requirements of General Design Criterion 10 of 
Appendix A to 10 CFR Part 50 regarding acceptable fuel design 
limits. The SLMCPR is reevaluated for each reload using NRC-approved 
methodologies. The analyses for QCNPS, Unit 2, Cycle 22, have 
concluded that a two-loop SLMCPR of >= 1.12; and a single-loop 
SLMCPR of >= 1.14, as determined by the application of the NRC-
approved Westinghouse Electric Company SLMCPR methodology, will 
ensure that this acceptance criterion is met. The MCPR operating 
limits are presented and controlled in accordance with the QCNPS, 
Unit 2 Core Operating Limits Report (COLR).
    The requested Technical Specification changes do not involve any 
plant modifications or operational changes that could affect system 
reliability or performance or that could affect the probability of 
operator error. The requested changes do not affect any postulated 
accident precursors, do not affect any accident mitigating systems, 
and do not introduce any new accident initiation mechanisms.
    Therefore, the changes to the SLMCPRs do not involve a 
significant increase in the probability or consequences of any 
accident previously evaluated.

    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    Creation of the possibility of a new or different kind of 
accident requires creating one or more new accident precursors. New 
accident precursors may be created by modifications of plant 
configuration, including changes in allowable modes of operation. 
The proposed changes do not involve any plant configuration 
modifications or changes to allowable modes of operation. The 
proposed SLMCPR values do not result in the creation of any new 
precursors to an accident. The proposed change to revise the QCNPS 
Unit 2 SLMCPR requirements assures that safety criteria are 
maintained for QCNPS Unit 2, Cycle 22.
    In addition, the QCNPS, Unit 2, Cycle 22 is the fourth Unit 2 
cycle with reload quantities of SVEA-96 Optimal fuel, and is a 100% 
SVEA-96 Optimal core. SVEA-96 Optima2 reload fuel was previously 
successfully loaded in QCNPS Unit 2 Cycle 19, Cycle 20, and Cycle 
21. The NRC-approved Westinghouse SLMCPR methodology was used to 
determine the SLMCPRs for these previous cycles. This

[[Page 141]]

same methodology was used to determine the SLMCPRs for Cycle 22.
    Therefore, this change does not create the possibility of a new 
or different kind of accident from any previously evaluated.

    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The SLMCPR provides a margin of safety by ensuring that at least 
99.9% of the fuel rods do not experience transition boiling during 
normal operation and AOOs if the SLMCPR limit is not violated. The 
proposed change will ensure the current level of fuel protection is 
maintained by continuing to ensure that at least 99.9% of the fuel 
rods do not experience transition boiling during normal operation 
and AOOs if the proposed SLMCPR limits are not violated. The 
proposed SLMCPR values were developed using an NRC-approved 
methodology. Additionally, operational limits will be established 
based on the proposed SLMCPR values to ensure that the SLMCPR is not 
violated. This will ensure that the fuel design safety criterion 
(i.e., that no more than 0.1% of the rods are expected to be in 
boiling transition if the MCPR limit is not violated) is met.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    Based on the above evaluation, EGC concludes that the proposed 
amendment presents no significant hazards consideration under the 
standards set forth in 10 CFR 50.92(c).

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Mr. Bradley J. Fewell, Associate General 
Counsel, Exelon Nuclear,. 4300 Winfield Road, Warrenville, IL 60555.
    NRC Branch Chief: Jacob I. Zimmerman.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation.

Exelon Generation Company, LLC, Docket No. 50-373, LaSalle County 
Station, Unit 1, LaSalle County, Illinois

Exelon Generation Company, LLC, Docket No. 50-265, Quad Cities Nuclear 
Power Station, Unit 2, Rock Island County, Illinois

    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 and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication 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 Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email 
address for the Office of the Secretary and the Office of the General 
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 
respectively.\1\ The request must include the following information:
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    \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.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1);
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requestor's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted access 
to the information and the deadline for filing all other contentions 
(as established in the notice of hearing or opportunity for hearing), 
the petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
either after a determination on standing and need for access, or after 
a determination on trustworthiness and reliability, the NRC staff shall 
immediately notify the requestor in writing, briefly stating the reason 
or reasons for the denial.
    (2) The requestor may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    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 party's interest independent of the proceeding. 
Such a

[[Page 142]]

challenge must be filed with the Chief Administrative Judge within 5 
days of the notification by the NRC staff of its grant of access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
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    \3\ Requestors 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.
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    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 20th day of December 2011.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

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

------------------------------------------------------------------------
              Day                             Event/Activity
------------------------------------------------------------------------
0..............................  Publication of Federal Register notice
                                  of hearing and opportunity to petition
                                  for leave to intervene, including
                                  order with instructions for access
                                  requests.
10.............................  Deadline for submitting requests for
                                  access to Sensitive Unclassified Non-
                                  Safeguards Information (SUNSI) with
                                  information: supporting the standing
                                  of a potential party identified by
                                  name and address; describing the need
                                  for the information in order for the
                                  potential party to participate
                                  meaningfully in an adjudicatory
                                  proceeding.
60.............................  Deadline for submitting petition for
                                  intervention containing: (i)
                                  Demonstration of standing; (ii) all
                                  contentions whose formulation does not
                                  require access to SUNSI (+25 Answers
                                  to petition for intervention; +7
                                  requestor/petitioner reply).
20.............................  Nuclear Regulatory Commission (NRC)
                                  staff informs the requestor of the
                                  staff's determination whether the
                                  request for access provides a
                                  reasonable basis to believe standing
                                  can be established and shows 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 requestor/petitioner to file a
                                  motion seeking a ruling to reverse the
                                  NRC staff's denial of access; NRC
                                  staff files copy of access
                                  determination with the presiding
                                  officer (or Chief Administrative Judge
                                  or other designated officer, as
                                  appropriate). If NRC staff finds
                                  ``need'' for SUNSI, the deadline for
                                  any party to the proceeding whose
                                  interest independent of the proceeding
                                  would be harmed by the release of the
                                  information to file a motion seeking a
                                  ruling to reverse the NRC staff's
                                  grant of access.
30.............................  Deadline for NRC staff reply to motions
                                  to reverse NRC staff determination(s).
40.............................  (Receipt +30) If NRC staff finds
                                  standing and need for SUNSI, deadline
                                  for NRC staff to complete information
                                  processing and file motion for
                                  Protective Order and draft Non-
                                  Disclosure Affidavit. Deadline for
                                  applicant/licensee to file Non-
                                  Disclosure Agreement for SUNSI.
A..............................  If access granted: Issuance of
                                  presiding officer or other designated
                                  officer decision on motion for
                                  protective order for access to
                                  sensitive information (including
                                  schedule for providing access and
                                  submission of contentions) or decision
                                  reversing a final adverse
                                  determination by the NRC staff.
A + 3..........................  Deadline for filing executed Non-
                                  Disclosure Affidavits. Access provided
                                  to SUNSI consistent with decision
                                  issuing the protective order.
A + 28.........................  Deadline for submission of contentions
                                  whose development depends upon access
                                  to SUNSI. However, if more than 25
                                  days remain between the petitioner's
                                  receipt of (or access to) the
                                  information and the deadline for
                                  filing all other contentions (as
                                  established in the notice of hearing
                                  or opportunity for hearing), the
                                  petitioner may file its SUNSI
                                  contentions by that later deadline.
A + 53.........................  (Contention receipt +25) Answers to
                                  contentions whose development depends
                                  upon access to SUNSI.
A + 60.........................  (Answer receipt +7) Petitioner/
                                  Intervenor reply to answers.
>A + 60........................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2011-32999 Filed 12-30-11; 8:45 am]
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