[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15747-15753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05022]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0039]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations 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; opportunity to comment, request a 
hearing, and petition for leave to intervene, order.

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DATES: Comments must be filed by April 11, 2013. A request for a 
hearing must be filed by May 13, 2013. Any potential party as defined 
in section 2.4 of Title 10 of the Code of Federal Regulations (10 CFR), 
who believes access to Sensitive Unclassified Non-Safeguards 
Information (SUNSI) is necessary to respond to this notice must request 
document access by March 22, 2013.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publically available, 
by searching on http://www.regulations.gov under Docket ID NRC-2013-
0039. You may submit comments by any of the following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0039. 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.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0039 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document, which the NRC possesses 
and is publicly available, by the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0039.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2013-0039 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

    Pursuant to section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) 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 or combined license, as applicable, 
upon a determination by the Commission that such amendment involves no 
significant hazards consideration, notwithstanding the pendency before 
the Commission of a request for a hearing from any person.

[[Page 15748]]

    This notice includes notices of amendments containing SUNSI.

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

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in 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 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 or 
combined license. Requests for a hearing and a petition for leave to 
intervene shall be filed in accordance with the Commission's ``Agency 
Rules of Practice and Procedure'' 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's 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's 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 participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone

[[Page 15749]]

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's 
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's guidance 
available on the NRC's 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's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the 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's 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 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. With respect to copyrighted works, except 
for limited excerpts that serve the purpose of the adjudicatory filings 
and would constitute a Fair Use application, participants are requested 
not to include copyrighted materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the following three 
factors in 10 CFR 2.309(c)(1): (i) The information upon which the 
filing is based was not previously available; (ii) the information upon 
which the filing is based is materially different from information 
previously available; and (iii) the filing has been submitted in a 
timely fashion based on the availability of the subsequent information.

Nine Mile Point Nuclear Station, LLC, Docket No. 50-410, Nine Mile 
Point Nuclear Station, Unit 2, Oswego County, New York

    Date of amendment request: November 21, 2012. A publicly available 
version is in ADAMS under Accession No. ML123380336.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The 
amendment would revise NMP2 Technical Specification (TS) Section 
3.4.11, ``RCS Pressure and Temperature (P/T) Limits,'' by replacing the 
existing reactor vessel heatup and cooldown rate limits and the 
pressure and temperature (P-T) limit curves with references to the 
Pressure and Temperature Limits Report (PTLR). In addition, a new 
definition for the PTLR would be added to TS Section 1.1, 
``Definitions,'' and a new section

[[Page 15750]]

addressing administrative requirements for the PTLR would be added to 
TS Section 5.0, ``Administrative Controls.''
    Relocation of the P-T limit curves to the PTLR is consistent with 
the guidance provided in NRC approved General Electric Hitachi Nuclear 
Engineering (GEH) Licensing Topical Report, NEDC-33178P-A, Revision 1, 
``General Electric Methodology for Development of Reactor Pressure 
Vessel Pressure-Temperature Curves.'' This topical report uses the 
guidelines provided in NRC Generic Letter (GL) 96-03, ``Relocation of 
the Pressure Temperature Limit Curves and Low Temperature Overpressure 
Protection System Limits.'' The proposed TS changes are consistent with 
the guidance provided in GL 96-03 as supplemented by Technical 
Specification Task Force (TSTF) traveler TSTF-419-A, ``Revise PTLR 
Definition and References in ISTS [Improved Standard Technical 
Specifications] 5.6.6, RCS PTLR.''
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed amendment modifies the TS by replacing references 
to existing reactor vessel heatup and cooldown rate limits and P-T 
limit curves with references to the PTLR. The proposed amendment 
also adopts the NRC-approved methodology of NEDC-33178P-A for the 
preparation of NMP2 P-T limit curves. In 10 CFR Part 50, Appendix G, 
requirements are established to protect the integrity of the reactor 
coolant pressure boundary (RCPB) in nuclear power plants. 
Implementing the NRC-approved methodology for calculating P-T limit 
curves and relocating those curves to the PTLR provide an equivalent 
level of assurance that RCPB integrity will be maintained, as 
specified in 10 CFR Part 50, Appendix G.
    The proposed amendment does not adversely affect accident 
initiators or precursors, and does not alter the design assumptions, 
conditions, or configuration of the plant or the manner in which the 
plant is operated and maintained. The ability of structures, 
systems, and components to perform their intended safety functions 
is not altered or prevented by the proposed changes, and the 
assumptions used in determining the radiological consequences of 
previously evaluated accidents are not affected.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The change in methodology for calculating P-T limits and the 
relocation of those limits to the PTLR do not alter or involve any 
design basis accident initiators. RCPB integrity will continue to be 
maintained in accordance with 10 CFR Part 50, Appendix G, and the 
accident performance of plant structures, systems and components 
will not be affected. These changes do not involve any physical 
alteration of the plant (i.e., no new or different type of equipment 
will be installed), and installed equipment is not being operated in 
a new or different manner. Thus, no new failure modes are 
introduced.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed amendment does not affect the function of the RCPB 
or its response during plant transients. By calculating the P-T 
limits using NRC-approved methodology, adequate margins of safety 
relating to RCPB integrity are maintained. The proposed changes do 
not alter the manner in which safety limits, limiting safety system 
settings, or limiting conditions for operation are determined, there 
are no changes to setpoints at which protective actions are 
initiated, and the operability requirements for equipment assumed to 
operate for accident mitigation are not affected.
    Therefore, the proposed amendment does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Carey W. Fleming, Senior Counsel, 
Constellation Energy Nuclear Group, LLC, 100 Constellation Way, Suite 
200C, Baltimore, MD 21202.
    NRC Branch Chief: George Wilson.

Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County, 
Alabama

    Date of amendment request: September 25, 2012, as supplemented by 
letter dated December 20, 2012 (NL-12-1893). A publicly available 
version of the September 25, 2012, letter is in ADAMS under Accession 
No. ML12279A235.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment requests the review and approval for adoption of a new fire 
protection licensing basis which complies with the requirements in 10 
CFR 50.48(a) and 50.48(c), and the guidance in Regulatory Guide (RG) 
1.205, Revision 1, Risk-Informed, Performance-Based Fire Protection for 
Existing Light-Water Nuclear Power Plants.
    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 transition to NFPA 805 involve a significant 
increase in the probability or consequences of an accident 
previously evaluated?
    Response: No.
    Operation of Farley Nuclear Plant, Units 1 and 2, in accordance 
with the proposed amendment does not increase the probability or 
consequences of accidents previously evaluated. Engineering 
analyses, which may include engineering evaluations, probabilistic 
safety assessments, and fire modeling calculations, have been 
performed to demonstrate that the performance-based requirements of 
NFPA 805 have been satisfied. The Updated Final Safety Analysis 
Report (UFSAR) documents the analyses of design basis accidents at 
Farley Nuclear Plant, Units 1 and 2. The proposed amendment does not 
affect accident initiators, nor does it alter design assumptions, 
conditions, or configurations of the facility that would increase 
the probability of accidents previously evaluated. Further, the 
changes to be made for fire hazard protection and mitigation do not 
adversely affect the ability of structures, systems, or components 
(SSCs) to perform their design functions for accident mitigation, 
nor do they affect the postulated initiators or assumed failure 
modes for accidents described and evaluated in the UFSAR. 
Structures, systems, or components required to safely shutdown the 
reactor and to maintain it in a safe shutdown condition will remain 
capable of performing their design functions.
    The purpose of the proposed amendment is to permit Farley 
Nuclear Plant, Units 1 and 2, to adopt a new fire protection 
licensing basis which complies with the requirements of 10 CFR 
50.48(a) and (c) and the guidance in Regulatory Guide 1.205. The NRC 
considers that NFPA 805 provides an acceptable methodology and 
performance criteria for licensees to identify fire protection 
requirements that are an acceptable alternative to the 10 CFR Part 
50, Appendix R required fire protection features (69 FR 33536; June 
16, 2004). Engineering analyses, which may include engineering 
evaluations, probabilistic safety assessments, and fire modeling 
calculations, have been performed to demonstrate that the 
performance-based requirements of NFPA 805 have been met.

[[Page 15751]]

    NFPA taken as a whole, provides an acceptable alternative for 
satisfying General Design Criterion 3 (GDC 3) of Appendix A to 10 
CFR Part 50, meets the underlying intent of the NRC's existing fire 
protection regulations and guidance, and provides for defense-in-
depth. The goals, performance objectives, and performance criteria 
specified in Chapter 1 of the standard ensure that, if there are any 
increases in core damage frequency or risk, the increase will be 
small and consistent with the intent of the Commission's Safety Goal 
Policy. Based on this, the implementation of the proposed amendment 
does not increase the probability of any accident previously 
evaluated. Equipment required to mitigate an accident remains 
capable of performing the assumed function(s). The proposed 
amendment will not affect the source term, containment isolation, or 
radiological release assumptions used in evaluating the radiological 
consequences of any accident previously evaluated. The applicable 
radiological dose criteria will continue to be met.
    Therefore, the consequences of any accident previously evaluated 
are not increased with the implementation of the proposed amendment.
    2. Does the transition to NFPA 805 create the possibility of a 
new or different kind of accident from any kind of accident 
previously evaluated?
    Response: No.
    Operation of Farley Nuclear Plant, Units 1 and 2, in accordance 
with the proposed amendment does not create the possibility of a new 
or different kind of accident from any accident previously 
evaluated. The proposed change does not alter the requirements or 
functions for systems required during accident conditions. 
Implementation of the new fire protection licensing basis which 
complies with the requirements of 10 CFR 50.48(a) and (c) and the 
guidance Regulatory Guide 1.205 will not result in new or different 
accidents.
    The proposed amendment does not introduce new or different 
accident initiators, nor does it alter design assumptions, 
conditions, or configurations of the facility. The proposed 
amendment does not adversely affect the ability of SSCs to perform 
their design function. Structures, systems, or components required 
to safely shutdown the reactor and maintain it in a safe shutdown 
condition remain capable of performing their design functions.
    The purpose of the proposed amendment is to permit Farley 
Nuclear Plant, Units 1 and 2, to adopt a new fire protection 
licensing basis which complies with the requirements of 10 CFR 
50.48(a) and (c) and the guidance in Regulatory Guide 1.205. The NRC 
considers that NFPA 805 provides an acceptable methodology and 
appropriate performance criteria for licensees to identify fire 
protection systems and features that are an acceptable alternative 
to the 10 CFR Part 50, Appendix R required fire protection features 
(69 FR 33536; June 16, 2004).
    The requirements of NFPA 805 address only fire protection and 
the impacts of fire on the plant that have previously been 
evaluated. Based on this, implementation of the proposed amendment 
would not create the possibility of a new or different kind of 
accident from any kind of accident previously evaluated. No new 
accident scenarios, transient precursors, failure mechanisms, or 
limiting single failures will be introduced as a result of this 
amendment. There will be no adverse effect or challenges imposed on 
any safety-related system as a result of this amendment.
    Therefore, the possibility of a new or different kind of 
accident from any kind of accident previously evaluated is not 
created with the implementation of the proposed amendment.
    3. Does the transition to NFPA 805 involve a significant 
reduction in the margin of safety?
    Response: No.
    Operation of Farley Nuclear Plant, Units 1 and 2, in accordance 
with the proposed amendment does not involve a significant reduction 
in the margin of safety. The proposed amendment does not alter the 
manner in which safety limits, limiting safety system settings or 
limiting conditions for operation are determined. The safety 
analysis acceptance criteria are not affected by this change. The 
proposed amendment does not adversely affect existing plant safety 
margins or the reliability of equipment assumed to mitigate 
accidents in the UFSAR. The proposed amendment does not adversely 
affect the ability of SSCs to perform their design function. 
Structures, systems, or components required to safely shut down the 
reactor and to maintain it in a safe shutdown condition remain 
capable of performing their design functions.
    The purpose of the proposed amendment is to permit Farley 
Nuclear Plant, Units 1 and 2, to adopt a new fire protection 
licensing basis which complies with the requirements in 10 CFR 
50.48(a) and (c) and the guidance in Regulatory Guide 1.205. The NRC 
considers that NFPA 805 provides an acceptable methodology and 
performance criteria for licensees to identify fire protection 
systems and features that are an acceptable alternative to the 10 
CFR Part 50, Appendix R required fire protection features (69 FR 
33536; June 16, 2004). Engineering analyses, which may include 
engineering evaluations, probabilistic safety assessments, and fire 
modeling calculations, have been performed to demonstrate that the 
performance based requirements of NFPA 805 do not result in a 
significant reduction in the margin of safety.
    The proposed changes are evaluated to ensure that risk and 
safety margins are kept within acceptable limits.
    Therefore, the transition to NFPA 805 does not involve a 
significant reduction in the margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review; it appears that the three standards of 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: M. Stanford Blanton, Esq., Balch and 
Bingham, Post Office Box 306, 1710 Sixth Avenue North, Birmingham, 
Alabama 35201.
    NRC Branch Chief: Robert J. Pascarelli.

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

Nine Mile Point Nuclear Station, LLC, Docket No. 50-410, Nine Mile 
Point Nuclear Station, Unit 2, Oswego County, New York

Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-
364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County, 
Alabama

    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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[[Page 15752]]

    (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); and
    (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.
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    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 
after a determination on standing and need for access, 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 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 26th day of February 2013.
    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
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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).

[[Page 15753]]

 
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.
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[FR Doc. 2013-05022 Filed 3-11-13; 8:45 am]
BILLING CODE 7590-01-P