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events, and data that the NRC staff For the Nuclear Regulatory Commission. in the FOR FURTHER INFORMATION needs in its review of applications for Harriet Karagiannis, CONTACT section of this document. permits and licenses. Acting Chief, Regulatory Guidance and • Mail comments to: Office of Revision 4 of RG 1.100 was issued Generic Issues Branch, Division of Administration, Mail Stop: TWFN–7– with a temporary identification of Draft Engineering, Office of Nuclear Regulatory A60M, U.S. Nuclear Regulatory Research. Regulatory Guide, DG–1328. The guide Commission, Washington, DC 20555– was revised to endorse, with exceptions [FR Doc. 2020–11759 Filed 6–1–20; 8:45 am] 0001, ATTN: Program Management, and clarifications the following industry BILLING CODE 7590–01–P Announcements and Editing Staff. consensus standards: (1) Institute of For additional direction on obtaining Electrical and Electronics Engineers information and submitting comments, NUCLEAR REGULATORY see ‘‘Obtaining Information and (IEEE) Standard (Std) 344–2013, ‘‘IEEE COMMISSION Standard for Seismic Qualification of Submitting Comments’’ in the Equipment for [NRC–2020–0108] SUPPLEMENTARY INFORMATION section of this document. Generating Stations,’’ (2) IEEE Std Applications and Amendments to FOR FURTHER INFORMATION CONTACT: C37.98–2013, ‘‘Standard Qualification Facility Operating Licenses and Bernadette Abeywickrama, Office of Testing of Protective Relays and Combined Licenses Involving Regulation, U.S. Auxiliaries for Nuclear Facilities,’’ and Proposed No Significant Hazards Nuclear Regulatory Commission, (3) American Society of Mechanical Considerations and Containing Washington, DC 20555–0001, telephone: Engineers (ASME) QME–1–2017, Sensitive Unclassified Non-Safeguards 301–415–0481, email: ‘‘Qualification of Active Mechanical Information and Order Imposing [email protected] . Equipment Used in Nuclear Facilities.’’ Procedures for Access to Sensitive SUPPLEMENTARY INFORMATION: II. Additional Information Unclassified Non-Safeguards Information I. Obtaining Information and The NRC published a notice of the AGENCY: Nuclear Regulatory Submitting Comments availability of DG–1328 in the Federal Commission. Register on February 27, 2019 (84 FR A. Obtaining Information ACTION: License amendment request; 6444) for a 60-day public comment notice of opportunity to comment, Please refer to Docket ID NRC–2020– period. The public comment period request a hearing, and petition for leave 0108, facility name, unit number(s), closed on April 29, 2019. Public to intervene; order imposing plant docket number(s), application comments on DG–1328 and the staff procedures. date, and subject when contacting the responses to the public comments are NRC about the availability of available in ADAMS under Accession SUMMARY: The U.S. Nuclear Regulatory information for this action. You may No. ML19312C678. Commission (NRC) received and is obtain publicly-available information considering approval of two amendment related to this action by any of the III. Congressional Review Act requests. The amendment requests are following methods: for , Units 1, 2, • This RG is a rule as defined in the Federal Rulemaking Website: Go to and 3; and , Congressional Review Act (5 U.S.C. https://www.regulations.gov and search Units 1 and 2. For each amendment 801–808). However, the Office of for Docket ID NRC–2020–0108. request, the NRC proposes to determine Management and Budget has not found • NRC’s Agencywide Documents that they involve no significant hazards Access and Management System it to be a major rule as defined in the consideration. Because each amendment Congressional Review Act. (ADAMS): You may obtain publicly- request contains sensitive unclassified available documents online in the IV. Backfitting, Forward Fitting, and non-safeguards information (SUNSI) an ADAMS Public Documents collection at Issue Finality order imposes procedures to obtain https://www.nrc.gov/reading-rm/ access to SUNSI for contention adams.html. To begin the search, select Issuance of this regulatory guide does preparation. ‘‘Begin Web-based ADAMS Search.’’ For not constitute backfitting as defined in DATES: Comments must be filed by July problems with ADAMS, please contact title 10 of the Code of Federal 2, 2020. A request for a hearing or the NRC’s Public Document Room (PDR) Regulations (10 CFR) section 50.109, petitions for leave to intervene must be reference staff at 1–800–397–4209, 301– ‘‘Backfitting,’’ and as described in NRC filed by August 3, 2020. Any potential 415–4737, or by email to pdr.resource@ Management Directive 8.4, party as defined in § 2.4 of title 10 of the nrc.gov. The ADAMS accession number ‘‘Management of Backfitting, Forward Code of Federal Regulations (10 CFR), for each document referenced (if it is Fitting, Issue Finality, and Information who believes access to SUNSI is available in ADAMS) is provided the Requests’’; constitute forward fitting as necessary to respond to this notice must first time that it is mentioned in this that term is defined and described in request document access by June 12, document. Management Directive 8.4; or affect 2020. B. Submitting Comments issue finality of any approval issued ADDRESSES: You may submit comments under 10 CFR part 52, ‘‘Licenses, by any of the following methods: Please include Docket ID NRC–2020– Certificates, and Approvals for Nuclear • Federal Rulemaking Website: Go to 0108, facility name, unit number(s), Power Plants.’’ As explained in this https://www.regulations.gov and search plant docket number(s), application regulatory guide, applicants and for Docket ID NRC–2020–0108. Address date, and subject in your comment licensees are not required to comply questions about NRC Docket IDs in submission. with the positions set forth in this Regulations.gov to Jennifer Borges; The NRC cautions you not to include regulatory guide. telephone: 301–287–9127; email: identifying or contact information that [email protected]. For technical you do not want to be publicly Dated: May 27, 2020. questions, contact the individual listed disclosed in your comment submission.

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The NRC will post all comment publication of this notice will be In accordance with 10 CFR 2.309(f), submissions at https:// considered in making any final the petition must also set forth the www.regulations.gov as well as enter the determination. specific contentions which the comment submissions into ADAMS. Normally, the Commission will not petitioner seeks to have litigated in the The NRC does not routinely edit issue the amendment until the proceeding. Each contention must comment submissions to remove expiration of 60 days after the date of consist of a specific statement of the identifying or contact information. publication of this notice. The issue of law or fact to be raised or If you are requesting or aggregating Commission may issue the license controverted. In addition, the petitioner comments from other persons for amendment before expiration of the 60- must provide a brief explanation of the submission to the NRC, then you should day period provided that its final bases for the contention and a concise inform those persons not to include determination is that the amendment statement of the alleged facts or expert identifying or contact information that involves no significant hazards opinion which support the contention they do not want to be publicly consideration. In addition, the and on which the petitioner intends to disclosed in their comment submission. Commission may issue the amendment rely in proving the contention at the Your request should state that the NRC prior to the expiration of the 30-day hearing. The petitioner must also does not routinely edit comment comment period if circumstances provide references to the specific submissions to remove such information change during the 30-day comment sources and documents on which the before making the comment period such that failure to act in a petitioner intends to rely to support its submissions available to the public or timely way would result, for example, position on the issue. The petition must entering the comment into ADAMS. in derating or shutdown of the facility. include sufficient information to show that a genuine dispute exists with the II. Background If the Commission takes action prior to the expiration of either the comment applicant or licensee on a material issue Pursuant to Section 189a.(2) of the period or the notice period, it will of law or fact. Contentions must be Atomic Energy Act of 1954, as amended publish a notice of issuance in the limited to matters within the scope of (the Act), the NRC is publishing this Federal Register. If the Commission the proceeding. The contention must be notice. The Act requires the makes a final no significant hazards one which, if proven, would entitle the Commission to publish notice of any consideration determination, any petitioner to relief. A petitioner who amendments issued, or proposed to be hearing will take place after issuance. fails to satisfy the requirements at 10 issued and grants the Commission the The Commission expects that the need CFR 2.309(f) with respect to at least one authority to issue and make to take this action will occur very contention will not be permitted to immediately effective any amendment infrequently. participate as a party. to an operating license or combined Those permitted to intervene become license, as applicable, upon a A. Opportunity To Request a Hearing parties to the proceeding, subject to any determination by the Commission that and Petition for Leave To Intervene limitations in the order granting leave to such amendment involves no significant intervene. Parties have the opportunity Within 60 days after the date of hazards consideration, notwithstanding to participate fully in the conduct of the publication of this notice, any persons the pendency before the Commission of hearing with respect to resolution of (petitioner) whose interest may be a request for a hearing from any person. that party’s admitted contentions, This notice includes notices of affected by this action may file a request including the opportunity to present amendments containing SUNSI. for a hearing and petition for leave to evidence, consistent with the NRC’s intervene (petition) with respect to the III. Notice of Consideration of Issuance regulations, policies, and procedures. action. Petitions shall be filed in Petitions must be filed no later than of Amendments to Facility Operating accordance with the Commission’s 60 days from the date of publication of Licenses and Combined Licenses, ‘‘Agency Rules of Practice and this notice. Petitions and motions for Proposed No Significant Hazards Procedure’’ in 10 CFR part 2. Interested leave to file new or amended Consideration Determination, and persons should consult a current copy contentions that are filed after the Opportunity for a Hearing of 10 CFR 2.309. The NRC’s regulations deadline will not be entertained absent The Commission has made a are accessible electronically from the a determination by the presiding officer proposed determination that the NRC Library on the NRC’s website at that the filing demonstrates good cause following amendment requests involve https://www.nrc.gov/reading-rm/doc- by satisfying the three factors in 10 CFR no significant hazards consideration. collections/cfr/. If a petition is filed, the 2.309(c)(1)(i) through (iii). The petition Under the Commission’s regulations in Commission or a presiding officer will must be filed in accordance with the 10 CFR 50.92, this means that operation rule on the petition and, if appropriate, filing instructions in the ‘‘Electronic of the facility in accordance with the a notice of a hearing will be issued. Submissions (E-Filing)’’ section of this proposed amendment would not (1) As required by 10 CFR 2.309(d) the document. involve a significant increase in the petition should specifically explain the If a hearing is requested, and the probability or consequences of an reasons why intervention should be Commission has not made a final accident previously evaluated, or (2) permitted with particular reference to determination on the issue of no create the possibility of a new or the following general requirements for significant hazards consideration, the different kind of accident from any standing: (1) The name, address, and Commission will make a final accident previously evaluated, or (3) telephone number of the petitioner; (2) determination on the issue of no involve a significant reduction in a the nature of the petitioner’s right to be significant hazards consideration. The margin of safety. The basis for this made a party to the proceeding; (3) the final determination will serve to proposed determination for each nature and extent of the petitioner’s establish when the hearing is held. If the amendment request is shown below. property, financial, or other interest in final determination is that the The Commission is seeking public the proceeding; and (4) the possible amendment request involves no comments on this proposed effect of any decision or order which significant hazards consideration, the determination. Any comments received may be entered in the proceeding on the Commission may issue the amendment within 30 days after the date of petitioner’s interest. and make it immediately effective,

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notwithstanding the request for a intervene, and documents filed by E-Filing system also distributes an email hearing. Any hearing would take place interested governmental entities that notice that provides access to the after issuance of the amendment. If the request to participate under 10 CFR document to the NRC’s Office of the final determination is that the 2.315(c), must be filed in accordance General Counsel and any others who amendment request involves a with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary significant hazards consideration, then 49139; August 28, 2007, as amended at that they wish to participate in the any hearing held would take place 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not before the issuance of the amendment Filing process requires participants to serve the document on those unless the Commission finds an submit and serve all adjudicatory participants separately. Therefore, imminent danger to the health or safety documents over the internet, or in some applicants and other participants (or of the public, in which case it will issue cases to mail copies on electronic their counsel or representative) must an appropriate order or rule under 10 storage media. Detailed guidance on apply for and receive a digital ID CFR part 2. making electronic submissions may be certificate before adjudicatory A State, local governmental body, found in the Guidance for Electronic documents are filed so that they can Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC obtain access to the documents via the agency thereof, may submit a petition to website at https://www.nrc.gov/site- E-Filing system. the Commission to participate as a party help/e-submittals.html. Participants A person filing electronically using under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their the NRC’s adjudicatory E-Filing system should state the nature and extent of the filings unless they seek an exemption in may seek assistance by contacting the petitioner’s interest in the proceeding. accordance with the procedures NRC’s Electronic Filing Help Desk The petition should be submitted to the described below. through the ‘‘Contact Us’’ link located Commission no later than 60 days from To comply with the procedural on the NRC’s public website at https:// the date of publication of this notice. requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- The petition must be filed in accordance days prior to the filing deadline, the submittals.html, by email to with the filing instructions in the participant should contact the Office of [email protected], or by a toll- ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at free call at 1–866–672–7640. The NRC section of this document, and should [email protected], or by telephone Electronic Filing Help Desk is available meet the requirements for petitions set at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern forth in this section, except that under identification (ID) certificate, which Time, Monday through Friday, 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or excluding government holidays. governmental body, or Federally- representative) to digitally sign Participants who believe that they recognized Indian Tribe, or agency submissions and access the E-Filing have a good cause for not submitting thereof does not need to address the system for any proceeding in which it documents electronically must file an standing requirements in 10 CFR is participating; and (2) advise the exemption request, in accordance with 2.309(d) if the facility is located within Secretary that the participant will be 10 CFR 2.302(g), with their initial paper its boundaries. Alternatively, a State, submitting a petition or other filing stating why there is good cause for local governmental body, Federally- adjudicatory document (even in not filing electronically and requesting recognized Indian Tribe, or agency instances in which the participant, or its authorization to continue to submit thereof may participate as a non-party counsel or representative, already holds documents in paper format. Such filings under 10 CFR 2.315(c). an NRC-issued digital ID certificate). must be submitted by: (1) First class If a hearing is granted, any person Based upon this information, the mail addressed to the Office of the who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S. is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission, a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention: presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the making a limited appearance may make NRC’s public website at https:// Secretary, 11555 Rockville Pike, an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff. otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory A limited appearance may be made at a docket has been created, the documents in this manner are any session of the hearing or at any participant can then submit responsible for serving the document on prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is limits and conditions as may be must be in Portable Document Format considered complete by first-class mail imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or regarding the opportunity to make a submissions is available on the NRC’s by courier, express mail, or expedited limited appearance will be provided by public website at https://www.nrc.gov/ delivery service upon depositing the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the scheduled. filing is considered complete at the time service. A presiding officer, having the document is submitted through the granted an exemption request from B. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is

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available to the public at https:// all structures, systems and components evaluations demonstrating that applicable adams.nrc.gov/ehd, unless excluded (SSCs) are capable of performing their design criteria are still met with the proposed pursuant to an order of the Commission function at the uprated power of 2610 MWt. change. or the presiding officer. If you do not A review of station accident analyses found Therefore, this change does not create the that all acceptance criteria are still met at the possibility of a new or different kind of have an NRC-issued digital ID certificate uprated power of 2610 MWt. accident from any accident previously as described above, click ‘‘cancel’’ when The radiological consequences of operation evaluated. the link requests certificates and you at the uprated power conditions have been 3. Does the proposed amendment involve will be automatically directed to the assessed. The proposed power uprate does a significant reduction in a margin of safety? NRC’s electronic hearing dockets where not affect release paths, frequency of release, Response: No. you will be able to access any publicly or the analyzed reactor core fission product Although the proposed amendment available documents in a particular inventory for any accidents previously increases the ONS [Oconee Nuclear Station] hearing docket. Participants are evaluated in the Updated Final Safety Units 1, 2, and 3 operating power level, the Analysis Report. Analyses performed to requested not to include personal units retain their margin of safety because it assess the effects of mass and energy releases is only increasing power by the amount equal privacy information, such as social remain valid. All acceptance criteria for to the reduction in uncertainty in the heat security numbers, home addresses, or radiological consequences continue to be met balance calculation. The margins of safety personal phone numbers in their filings, at the uprated power level. associated with the power uprate are those unless an NRC regulation or other law The proposed change does not involve any pertaining to core thermal power. These requires submission of such change to the design or functional include fuel cladding, reactor coolant system information. For example, in some requirements of the safety and support pressure boundary, and containment barriers. instances, individuals provide home systems. That is, the increased power level Analyses demonstrate that the current design neither degrades the performance of, nor basis continues to be met after the addresses in order to demonstrate increases the challenges to any safety systems proximity to a facility or site. With measurement uncertainty recapture power assumed to function in the plant safety uprate. Components associated with the respect to copyrighted works, except for analysis. reactor coolant system pressure boundary limited excerpts that serve the purpose While power level is an input to accident structural integrity, including pressure- of the adjudicatory filings and would analyses, it is not an initiator of accidents. temperature limits, vessel fluence, and constitute a Fair Use application, The proposed change does not affect any pressurized thermal shock are bounded by participants are requested not to include accident precursors and does not introduce the current analyses. Systems will continue copyrighted materials in their any accident initiators. The proposed change to operate within their design parameters and submission. does not impact the usefulness of the remain capable of performing their intended Surveillance Requirements in evaluating the safety functions. Duke Energy Carolinas, LLC, Docket operability of required systems and The current ONS safety analyses including Nos. 50–269, 50–270, and 50–287, components. the design basis radiological accident dose Oconee Nuclear Station, Units 1, 2, and In addition, evaluation of the proposed TS calculations, bound the power uprate. 3, Oconee County, South Carolina changes demonstrates that the ability of Therefore, the proposed change does not equipment and systems required to prevent involve a significant reduction in a margin of Date of amendment request: February or mitigate the radiological consequences of safety. 19, 2020, as supplemented by letter an accident is not significantly affected. dated April 6, 2020. Publicly-available Since the impact on the systems is minimal, The NRC staff has reviewed the versions are available in ADAMS under it is concluded that the overall impact on the licensee’s analysis and, based on this Accession No. ML20050D379 and plant safety analysis is negligible. review, it appears that the three Accession No. ML20097E117, Therefore, the proposed TS change does standards of 10 CFR 50.92(c) are not significantly increase the probability or respectively. satisfied. Therefore, the NRC staff consequences of an accident previously proposes to determine that the Description of amendment request: evaluated. This amendment request contains amendment request involves no 2. Does the proposed amendment create significant hazards consideration. sensitive unclassified non-safeguards the possibility of a new or different kind of information (SUNSI). The proposed accident from any accident previously Attorney for licensee: Kate Nolan, amendment would revise the Renewed evaluated? Deputy General Counsel, Duke Energy Operating Licenses and Technical Response: No. Carolinas, 550 South Tryon Street, Specifications (TSs) for each unit at the No new accident scenarios, failure Charlotte, NC 28202. Oconee Nuclear Station, Units 1, 2, and mechanisms, or single failures are introduced NRC Branch Chief: Michael T. as a result of the proposed change. The Markley. 3, to support a measurement uncertainty installation of the Cameron LEFM CheckPlus recapture power uprate from 2568 System has been analyzed and failures of the Valley Authority (TVA), megawatts thermal (MWt) to 2610 MWt. system will have no adverse effect on any Docket Nos. 50–390 and 50–391, Watts Basis for proposed no significant safety-related system or any SSCs required Bar Nuclear Plant (WBN), Units 1 and hazards consideration determination: for transient mitigation. SSCs previously 2, Rhea County, Tennessee required for the mitigation of a transient As required by 10 CFR 50.91(a), the Date of amendment request: January licensee has provided its analysis of the continue to be capable of fulfilling their intended design functions. The proposed 17, 2020. A publicly-available version is issue of no significant hazards available in ADAMS under Accession consideration, which is presented change has no adverse effect on any safety- related system or component and does not No. ML20017A338. below: change the performance or integrity of any Description of amendment request: 1. Does the proposed amendment involve safety-related system. This amendment request contains a significant increase in the probability or The proposed change does not adversely SUNSI. The amendment would revise consequences of an accident previously affect any current system interfaces or create WBN, Units 1 and 2 TS 5.9.5, ‘‘Core evaluated? any new interfaces that could result in an Operating Limits Report,’’ to replace the Response: No. accident or malfunction of a different kind The proposed amendment changes the than previously evaluated. Operation at the loss-of-coolant accident (LOCA) analysis rated thermal power from 2568 megawatts uprated power level does not create any new evaluation model references with thermal (MWt) to 2610 MWt; an increase of accident initiators or precursors. Credible reference to the FULL SPECTRUMTM approximately 1.64% Rated Thermal Power. malfunctions are bounded by the current Loss-of-Coolant Accident (FSLOCATM) Duke Energy’s evaluations have shown that accident analyses of record or recent Evaluation Model analysis applicable to

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WBN, Units 1 and 2, with replacement TPBARs results will be utilized in the core amendment request involves no steam generators. The amendments reload design process to simplify core significant hazards consideration. would also revise WBN, Unit 2 designs, increase production, and Attorney for licensee: General Operating License condition 2.C(4) to improve fuel cycle economics. The safety Counsel, Authority, analysis process for each reload design will reflect the implementation of the continue to demonstrate that all regulatory 400 West Summit Hill Drive, 6A West FSLOCA Evaluation Model criteria are met. The use of a new TPBAR Tower, Knoxville, TN 37902. methodology. The amendment would stress analysis methodology will not increase NRC Branch Chief: Undine Shoop. also revise WBN, Unit 1 TS 4.2.1, ‘‘Fuel the potential for an accident. Therefore, the Order Imposing Procedures for Access Assemblies,’’ to delete discussion of possibility of an accident is not increased by to Sensitive Unclassified Non- Zircalloy fuel rods. Lastly, the the proposed changes. Because the TPBAR Safeguards Information for Contention amendment would approve a new failure analysis results show that TPBARs Preparation LOCA-specific Tritium Producing will not rupture (with high probability and confidence), the consequences of an accident Burnable Absorber Rod stress analysis are not increased by the proposed changes. Duke Energy Carolinas, LLC, Docket methodology. Based on the above discussions, the Nos. 50–269, 50–270, and 50–287 Basis for proposed no significant proposed changes do not involve an increase Oconee Nuclear Station, Units 1, 2, and hazards consideration determination: in the probability or consequences of an 3, Oconee County, South Carolina accident previously evaluated. As required by 10 CFR 50.91(a), the Tennessee Valley Authority, Docket licensee has provided its analysis of the 2. Does the proposed amendment create the possibility of a new or different kind of Nos. 50–390 and 50–391, Watts Bar issue of no significant hazards Nuclear Plant, Units 1 and 2, Rhea consideration, which is presented accident from any accident previously evaluated? County, Tennessee below: Response: No. A. This Order contains instructions 1. Does the proposed amendment involve The proposed change to WBN Units 1 and a significant increase in the probability or 2 TS 5.9.5 to replace the LOCA analysis regarding how potential parties to this consequence of an accident previously evaluation model references with reference to proceeding may request access to evaluated? FSLOCA Evaluation Model and the documents containing SUNSI. Response: No. corresponding change to WBN Unit 1 TS B. Within 10 days after publication of The proposed change to WBN Units 1 and 4.2.1 implement an NRC-approved LOCA this notice of hearing and opportunity to 2, TS 5.9.5, ‘‘Core Operating Limits Report,’’ evaluation model. The use of the new TPBAR petition for leave to intervene, any to replace the LOCA analysis evaluation stress analysis methodology to analyze the potential party who believes access to model references with reference to the potential for TPBAR failures provides SUNSI is necessary to respond to this FSLOCA Evaluation Model analysis recovery of margin in the post-LOCA applicable to both WBN Unit 1 and Unit 2 criticality evaluation in the presence of notice may request access to SUNSI. A with replacement steam generators. The assumed TPBAR failures. The use of these ‘‘potential party’’ is any person who proposed change would also revise WBN two new analytical methodologies will not intends to participate as a party by Unit 1 TS 4.2.1, ‘‘Fuel Assemblies,’’ to delete create the possibility of a new or different demonstrating standing and filing an discussion of Zircalloy fuel rods. These kind of accident from any accident admissible contention under 10 CFR changes implement a Nuclear Regulatory previously evaluated. 2.309. Requests for access to SUNSI Commission (NRC) approved LOCA Therefore, the proposed changes do not submitted later than 10 days after evaluation model. The analysis results for create the possibility of a new or different publication of this notice will not be WBN Units 1 and 2, based on using the new kind of accident from any accident considered absent a showing of good evaluation model meet the regulatory previously evaluated. requirements of 10 CFR 50.46. The use of a 3. Does the proposed amendment involve cause for the late filing, addressing why new NRC-approved LOCA evaluation model a significant reduction in a margin of safety? the request could not have been filed will not increase the potential for an Response: No. earlier. accident. Therefore, the possibility of an The proposed change to WBN Units 1 and C. The requestor shall submit a letter accident is not increased by the proposed 2 TS 5.9.5 to replace the LOCA analysis requesting permission to access SUNSI changes. Because the reactor core meets the evaluation model references with reference to to the Office of the Secretary, U.S. regulatory requirements of 10 CFR 50.46 after the FSLOCA Evaluation Model and the Nuclear Regulatory Commission, a postulated LOCA, the consequences of an corresponding change to WBN Unit 1 TS Washington, DC 20555–0001, Attention: accident are not increased by the proposed 4.2.1 implement an NRC-approved LOCA Rulemakings and Adjudications Staff, changes. evaluation model. The analysis results for The use of separate simulations performed WBN Units 1 and 2, based on using the new and provide a copy to the Deputy in accordance with the FSLOCA Evaluation evaluation model, meet the regulatory General Counsel for Hearings and Model as part of the new tritium producing requirements of 10 CFR 50.46 with increased Administration, Office of the General burnable absorber rod (TPBAR) stress margin after a postulated LOCA. Counsel, U.S. Nuclear Regulatory analysis methodology developed by Pacific The analysis results for WBN Units 1 and Commission, Washington, DC 20555– Northwest National Laboratory and 2, based on using the new LOCA specific 0001. The expedited delivery or courier Westinghouse provide a recovery of margin TPBAR stress analysis methodology show mail address for both offices is: U.S. in the post-LOCA criticality evaluation in the that TPBARs will not rupture (with high Nuclear Regulatory Commission, 11555 presence of assumed TPBR failures. The probability and confidence), which provides Rockville Pike, Rockville, Maryland TPBARs were conservatively assumed to an increase of margin in the post-LOCA rupture due to high cladding temperature criticality evaluation in the presence of 20852. The email address for the Office and pressure differential during LBLOCA assumed TPBAR failures. of the Secretary and the Office of the events. TPBAR rupture results in a positive Accordingly, the proposed changes do not General Counsel are Hearing.Docket@ reactivity addition and is a penalty in the involve a significant reduction in a margin of nrc.gov and post-LOCA criticality evaluation. TVA safety. [email protected], 1 proposes to use the FSLOCA Evaluation The NRC staff has reviewed the respectively. The request must include Model methodology and the new LOCA- the following information: specific TPBAR stress analysis methodology licensee’s analysis and, based on this review, it appears that the three to evaluate the integrity of the TPBARs. The 1 While a request for hearing or petition to results show that TPBARs will not rupture standards of 10 CFR 50.92(c) are intervene in this proceeding must comply with the (with high probability and confidence). satisfied. Therefore, the NRC staff filing requirements of the NRC’s ‘‘E-Filing Rule,’’ Crediting the continued integrity of the proposes to determine that the the initial request to access SUNSI under these

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(1) A description of the licensing disclosure of SUNSI by each individual would harm that party’s interest action with a citation to this Federal who will be granted access to SUNSI. independent of the proceeding. Such a Register notice; F. Filing of Contentions. Any challenge must be filed within 5 days of (2) The name and address of the contentions in these proceedings that the notification by the NRC staff of its potential party and a description of the are based upon the information received grant of access and must be filed with: potential party’s particularized interest as a result of the request made for (a) The presiding officer designated in that could be harmed by the action SUNSI must be filed by the requestor no this proceeding; (b) if no presiding identified in C.(1); and later than 25 days after receipt of (or officer has been appointed, the Chief (3) The identity of the individual or access to) that information. However, if Administrative Judge, or if he or she is entity requesting access to SUNSI and more than 25 days remain between the unavailable, another administrative the requestor’s basis for the need for the petitioner’s receipt of (or access to) the judge, or an Administrative Law Judge information in order to meaningfully information and the deadline for filing with jurisdiction pursuant to 10 CFR participate in this adjudicatory all other contentions (as established in 2.318(a); or (c) if another officer has proceeding. In particular, the request the notice of hearing or opportunity for been designated to rule on information must explain why publicly available hearing), the petitioner may file its access issues, with that officer. versions of the information requested SUNSI contentions by that later If challenges to the NRC staff would not be sufficient to provide the deadline. determinations are filed, these basis and specificity for a proffered G. Review of Denials of Access. procedures give way to the normal contention. (1) If the request for access to SUNSI process for litigating disputes is denied by the NRC staff after a D. Based on an evaluation of the concerning access to information. The determination on standing and requisite information submitted under paragraph availability of interlocutory review by need, the NRC staff shall immediately C.(3) the NRC staff will determine the Commission of orders ruling on notify the requestor in writing, briefly within 10 days of receipt of the request such NRC staff determinations (whether stating the reason or reasons for the whether: granting or denying access) is governed denial. by 10 CFR 2.311.3 (1) There is a reasonable basis to (2) The requestor may challenge the believe the petitioner is likely to I. The Commission expects that the NRC staff’s adverse determination by NRC staff and presiding officers (and establish standing to participate in this filing a challenge within 5 days of NRC proceeding; and any other reviewing officers) will receipt of that determination with: (a) consider and resolve requests for access (2) The requestor has established a The presiding officer designated in this to SUNSI, and motions for protective legitimate need for access to SUNSI. proceeding; (b) if no presiding officer orders, in a timely fashion in order to E. If the NRC staff determines that the has been appointed, the Chief minimize any unnecessary delays in requestor satisfies both D.(1) and D.(2) Administrative Judge, or if he or she is identifying those petitioners who have above, the NRC staff will notify the unavailable, another administrative standing and who have propounded requestor in writing that access to judge, or an Administrative Law Judge contentions meeting the specificity and SUNSI has been granted. The written with jurisdiction pursuant to 10 CFR basis requirements in 10 CFR part 2. notification will contain instructions on 2.318(a); or (c) if another officer has The attachment to this Order how the requestor may obtain copies of been designated to rule on information summarizes the general target schedule the requested documents, and any other access issues, with that officer. for processing and resolving requests conditions that may apply to access to (3) Further appeals of decisions under under these procedures. those documents. These conditions may this paragraph must be made pursuant It is so ordered. include, but are not limited to, the to 10 CFR 2.311. signing of a Non-Disclosure Agreement H. Review of Grants of Access. A Dated: May 12, 2020. or Affidavit, or Protective Order 2 setting party other than the requestor may For the Nuclear Regulatory Commission. forth terms and conditions to prevent challenge an NRC staff determination Annette L. Vietti-Cook, the unauthorized or inadvertent granting access to SUNSI whose release 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 in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu- lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the 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 in- forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in- formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc- essing (preparation of redactions or review of redacted documents).

procedures should be submitted as described in this yet been designated, within 30 days of the deadline staff determinations (because they must be served paragraph. for the receipt of the written access request. on a presiding officer or the Commission, as 2 Any motion for Protective Order or draft Non- 3 Requestors should note that the filing applicable), but not to the initial SUNSI request Disclosure Affidavit or Agreement for SUNSI must requirements of the NRC’s E-Filing Rule (72 FR submitted to the NRC staff under these procedures. be filed with the presiding officer or the Chief 49139; August 28, 2007, as amended at 77 FR Administrative Judge if the presiding officer has not 46562; August 3, 2012) apply to appeals of NRC

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ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued

Day Event/activity

25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC 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 protec- tive order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

[FR Doc. 2020–10530 Filed 6–1–20; 8:45 am] public/do/PRAMain. Find this available in ADAMS under Accession BILLING CODE 7590–01–P particular information collection by No. ML20030A287. selecting ‘‘Currently under Review— • NRC’s Clearance Officer: A copy of Open for Public Comments’’ or by using the collection of information and related NUCLEAR REGULATORY the search function. instructions may be obtained without COMMISSION FOR FURTHER INFORMATION CONTACT: charge by contacting the NRC’s [NRC–2019–0218] David Cullison, NRC Clearance Officer, Clearance Officer, David Cullison, U.S. Nuclear Regulatory Commission, Office of the Chief Information Officer, Information Collection: Notice of Washington, DC 20555–0001; telephone: U.S. Nuclear Regulatory Commission, Enforcement Discretion (NOED) for 301–415–2084; email: Washington, DC 20555–0001; telephone: Operating Power Reactors and [email protected]. 301–415–2084; email: Gaseous Diffusion Plants (NRC SUPPLEMENTARY INFORMATION: [email protected]. Enforcement Policy) I. Obtaining Information and B. Submitting Comments AGENCY: Nuclear Regulatory Submitting Comments The NRC cautions you not to include Commission. A. Obtaining Information identifying or contact information in ACTION: Notice of submission to the Please refer to Docket ID: NRC–2019– comment submissions that you do not Office of Management and Budget; 0218 when contacting the NRC about want to be publicly disclosed in your request for comment. the availability of information for this comment submission. All comment submissions are posted at https:// SUMMARY: The U.S. Nuclear Regulatory action. You may obtain publicly- www.regulations.gov and entered into Commission (NRC) has recently available information related to this ADAMS. Comment submissions are not submitted a request for renewal of an action by any of the following methods: • routinely edited to remove identifying existing collection of information to the Federal Rulemaking website: Go to or contact information. Office of Management and Budget https://www.regulations.gov and search If you are requesting or aggregating (OMB) for review. The information for Docket ID NRC–2019–0218. A copy comments from other persons for collection is entitled, ‘‘Notice of of the collection of information and submission to the OMB, then you Enforcement Discretion (NOED) for related instructions may be obtained should inform those persons not to Operating Power Reactors and Gaseous without charge by accessing Docket ID include identifying or contact Diffusion Plants (NRC Enforcement NRC–2019–0218 on this website. • information that they do not want to be Policy).’’ NRC’s Agencywide Documents Access and Management System publicly disclosed in their comment DATES: Submit comments by July 2, (ADAMS): You may obtain publicly- submission. Your request should state 2020. Comments received after this date available documents online in the that comment submissions are not will be considered if it is practical to do ADAMS Public Documents collection at routinely edited to remove such so, but the Commission is able to ensure https://www.nrc.gov/reading-rm/ information before making the comment consideration only for comments adams.html. To begin the search, select submissions available to the public or received on or before this date. ‘‘Begin Web-based ADAMS Search.’’ For entering the comment into ADAMS. ADDRESSES: Written comments and problems with ADAMS, please contact II. Background recommendations for the proposed the NRC’s Public Document Room (PDR) information collection should be sent reference staff at 1–800–397–4209, 301– Under the provisions of the within 30 days of publication of this 415–4737, or by email to pdr.resource@ Paperwork Reduction Act of 1995 (44 notice to https://www.reginfo.gov/ nrc.gov. The supporting statement is U.S.C. Chapter 35), the NRC recently

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