[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Pages 22576-22579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08888]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-361; NRC-2013-0070]


Application and Amendment to Facility Operating License Involving 
Proposed No Significant Hazards Consideration Determination; San Onofre 
Nuclear Generating Station, Unit 2

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Facility Operating License No. NPF-10, 
issued to Southern California Edison (SCE, the licensee), for operation 
of the San Onofre Nuclear Generating Station (SONGS), Unit 2. The 
proposed amendment makes a temporary change to the steam generator 
management program and the license condition for maximum power. For the 
duration of Unit 2, Cycle 17, the proposed amendment would change the 
terms ``full range of normal operating conditions'' and ``normal steady 
state full power operation'' and restricts operation to 70 percent of 
the maximum authorized power level. ``Full range of normal operating 
conditions'' and ``normal steady state full power operation'' shall be 
based upon the steam generators being operated under conditions 
associated with reactor core power levels up to 70 percent Rated 
Thermal Power (2406.6 megawatts thermal).

DATES: Submit comments by May 16, 2013. Requests for a hearing or 
petition for leave to intervene must be filed by June 17, 2013.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0070. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     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.

FOR FURTHER INFORMATION CONTACT: Brian Benney, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555; telephone: 301-415-2767; email: Brian.Benney@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0070 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 any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0070.
     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. The application for amendment, dated April 5, 2013, as 
supplemented on April 9, 2013, is available in ADAMS under Accession 
Nos. ML13098A043 and ML13100A021, respectively.
     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-2013-0070 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 you 
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. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. NPF-10, issued to SCE, for operation of SONGS 
Unit 2, located in San Diego County, California.
    The proposed amendment makes a temporary change to the steam 
generator management program and the license condition for maximum 
power. For the duration of Unit 2, Cycle 17, the proposed amendment 
would change the terms ``full range of normal operating conditions'' 
and ``normal steady state full power operation'' and restricts 
operation to 70 percent of the maximum authorized power level. ``Full 
range of normal operating conditions'' and ``normal steady state full 
power operation'' shall be based upon the steam generators being 
operated under conditions associated with reactor core power levels up 
to 70 percent Rated Thermal Power (2406.6 megawatts thermal). Before 
any issuance of the proposed license amendment, the Commission will 
have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the license 
amendment request involves no

[[Page 22577]]

significant hazards consideration. Under the Commission's regulations 
in Sec.  50.92 of Title 10 of the Code of Federal Regulations (10 CFR), 
this means that operation of the facility in accordance with the 
proposed amendment would not (1) Involve a significant increase in the 
probability or consequences of an accident previously evaluated; or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated; or (3) involve a significant reduction 
in a margin of safety. As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, 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 proposed change would reduce the power level for San Onofre 
Nuclear Generating Station (SONGS) Unit 2 for Cycle 17.
    The proposed changes do not affect the probability of any 
accident initiators because there is no adverse effect on plant 
operations or plant conditions. The proposed revisions will require 
that tube integrity will be demonstrated up to 70% Rated Thermal 
Power and that operation of the SONGS Unit 2 steam generators will 
be limited to a maximum reactor power level of 70%. As a result, the 
change will continue to ensure that tube integrity is retained over 
the range of power levels at which the plant will operate. The 
proposed change to reduce the power level will not affect the 
probability of any accident initiators because the only effect on 
plant operations is to lower the allowable power level. Operation at 
reduced power is acceptable under the current licensing basis and 
operation of the plant will remain bounded by the assumptions of the 
analyses of accidents previously evaluated in the UFSAR [Updated 
Final Safety Analysis Report].
    The proposed changes do not create any new mode of plant 
operation. The proposed changes do not result in a change to any 
design function nor do the proposed changes affect any analysis that 
verifies the capability of a system, structure or component to 
perform a design function.
    The proposed changes maintain consistency between the conditions 
for which the structural integrity performance criteria (SIPC) must 
be demonstrated with the maximum power levels at which SONGS Unit 2 
will be authorized to operate. SCE will be required to perform 
operational assessments for steam generator tube integrity as 
required by the current Technical Specifications for the range of 
power levels within which SONGS Unit 2 will operate during Cycle 17. 
The proposed changes do not affect the tube performance criteria for 
those assessments with the exception that they will be applied over 
a range of conditions up to and including 70% Rated Thermal Power. 
Therefore the proposed changes do not involve a significant increase 
in the probability or consequences of a steam generator tube failure 
under normal or postulated accident conditions.
    As part of the NRC review of SCE's response to the CAL 
[Confirmatory Action Letter],\1\ the NRC provided several Requests 
for Additional Information (RAls). The response to RAI 11 \2\ 
assessed safety analysis methods, analysis acceptance criteria, 
radiological dose consequences, applicability of Technical 
Specifications Limiting Conditions for Operation, applicability, 
action statements, surveillances and impact on performance of 
Surveillance Requirements. The assessment determined operation at 
reduced power is acceptable with respect to SONGS Unit 2, Cycle 17 
reload core design and safety analysis.
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    \1\ Letter from Mr. Peter T. Dietrich (SCE) to Mr. Elmo E. 
Collins (USNRC), dated October 3, 2012, Confirmatory Action Letter--
Actions to Address Steam Generator Tube Degradation, San Onofre 
Nuclear Generating Station, Unit 2 (ML12285A263).
    \2\ Letter from Mr. Richard J. St Onge to NRC, dated April 2, 
2013, Response to Request for Additional Information (RAI 11), 
Revision 1, Regarding Confirmatory Action Letter Response (TAC No. 
ME9727), San Onofre Nuclear Generating Station, Unit 2 
[ML13094A077].
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    The assessment that evaluated how Reactor Coolant System (RCS) 
flow uncertainty is affected by operation at 70% Rated Thermal Power 
was provided in the response to RAI 12.\3\ This assessment 
determined that the increase in secondary calorimetric power 
uncertainty and RCS flow uncertainties are accounted for in the 
overall uncertainty analysis required by the reload safety analyses 
as detailed in the response to RAI 11.
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    \3\ Letter from Mr. Richard J. St Onge to NRC, dated January 18, 
2013, Response to Request for Additional Information (RAI 12) 
Regarding Confirmatory Action Letter Response (TAC No. ME9727), San 
Onofre Nuclear Generating Station, Unit 2 (ML13022A408).
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    The assessment that evaluated how the existing Emergency Core 
Cooling System (ECCS) analysis accounts for the changes to the steam 
generator heat transfer characteristics resulting from the 
installation of the new steam generators was provided in the 
response to RAI 13.\4\ The results and conclusions of this 
evaluation was that operation at 70% Rated Thermal Power remains 
bounded by the current SONGS Unit 2 ECCS performance Analyses of 
Record (AOR) for Large Break Loss-of-Coolant Accident (LBLOCA), 
Small Break Loss-of-Coolant Accident (SBLOCA), and post Loss-of-
Coolant Accident (LOCA) Long Term Cooling (LTC).
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    \4\ Letter from Mr. Richard J. St Onge to NRC, dated April 2, 
2013, Response to Request for Additional Information (RAI 13), 
Revision 1, Regarding Confirmatory Action Letter Response (TAC No. 
ME9727), San Onofre Nuclear Generating Station, Unit 2 
(ML13094A080).
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    The assessment that evaluated how the mechanical and 
instrumentation and control (I&C) design evaluations performed to 
support operation at 70% Rated Thermal Power was provided in the 
response to RAI 14.\5\ These evaluations are in addition to the 
evaluations addressed in RAls 11, 12 and 13. The results and 
conclusions of the RAI 14 evaluations were that power operation at 
70% Rated Thermal Power will either remain bounded or will not 
significantly affect the associated systems and programs.
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    \5\ Letter from Mr. Richard J. St Onge to NRC, dated January 29, 
2013, Response to Request for Additional Information (RAI 14) 
Regarding Confirmatory Action Letter Response (TAC No. ME9727), San 
Onofre Nuclear Generating Station, Unit 2 (ML13032A009).
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    As a result, operation at 70% Rated Thermal Power does not 
result in a significant increase in the probability or consequences 
of a previously evaluated accident.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an 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 proposed changes do not require a change in any plant 
systems, structures or components or the method of operating the 
plant other than to reduce power for the duration of Cycle 17. 
Therefore, the proposed changes do not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    The proposed changes do not adversely affect the method of 
operation of the steam generators nor introduce any changes to 
existing design functions of systems, structures or components that 
could create the possibility of a new or different kind of accident 
from any previously evaluated. Also, the proposed change will not 
introduce any significant changes to postulated accidents resulting 
from potential tube degradation. Because SONGS Unit 2 will operate 
at or below 70% Rated Thermal Power, the change will continue to 
ensure that tube integrity is demonstrated over the range of power 
levels at which the plant will operate. Therefore, there is no 
significant increase in the probability that the tubes will fail or 
leak during the period.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change to reduce the power level during SONGS Unit 
2, Cycle 17, will not reduce any margins of safety.
    The effect of operation at 70% Rated Thermal Power does not 
result in SONGS Unit 2 being operated outside of any currently 
allowable regulatory or licensing limits. SONGS Unit 2 will operate 
within its current design and licensing basis. Therefore, this 
change has no significant impact on any parameter that would affect 
a design basis limit for a fission product barrier, and there would 
be no significant impact on any margin of safety associated with 
such barriers.
    The proposed changes will maintain consistency between the power 
level for the steam generator operational assessments in

[[Page 22578]]

Technical Specification 5.5.2.11 and the maximum power level 
specified in License Condition 2.C(1). The tube performance 
criteria, including the margins of safety specified in Technical 
Specification 5.5.2.11 are not being changed. The changes will 
ensure that tube integrity is demonstrated against the unchanged 
performance criteria over the range of power levels at which the 
plant will be licensed to operate.
    Therefore, the proposed changes do 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 
license amendment request involves no significant hazards 
consideration.
    Attorney for licensee: Douglas K. Porter, Esquire, Southern 
California Edison Company, 2244 Walnut Grove Avenue, Rosemead, 
California 91770.
    NRC Branch Chief: Douglas Broaddus.
    The Commission is seeking public comments on this proposed 
determination that the license amendment request involves no 
significant hazards consideration. 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 notice period if the Commission concludes 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 
prevention of either resumption of operation or of increase in power 
output up to the plant's licensed power level. 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.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    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 O1F21, 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 by the above date, 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 identify 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 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 
petitioner intends to rely to establish those facts or expert opinion. 
The requestor/petitioner 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 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, 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.

IV. Electronic Submissions (E-Filing)

    All documents filed in 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 
ten 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 22579]]

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 NRC'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 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 NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
MSHD.Resource@nrc.gov, or by a toll-free call to 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 April 16, 2013. 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.
    For further details with respect to this action, see the 
application for license amendment dated April 5, 2013, as supplemented 
on April 9, 2013.

    Dated at Rockville, Maryland, this 10th day of April 2013.

    For the Nuclear Regulatory Commission.
Brian J. Benney,
Senior Project Manager, SONGS Special Projects Branch, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2013-08888 Filed 4-15-13; 8:45 am]
BILLING CODE 7590-01-P