80_FR_22300 80 FR 22224 - Shearon Harris Nuclear Power Plant, Unit 1; Consideration of Approval of Transfer of License and Conforming Amendment

80 FR 22224 - Shearon Harris Nuclear Power Plant, Unit 1; Consideration of Approval of Transfer of License and Conforming Amendment

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 76 (April 21, 2015)

Page Range22224-22227
FR Document2015-09262

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by Duke Energy Progress, Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency (NCEMPA), on December 22, 2014, as supplemented by letter dated March 4, 2015. The application seeks NRC approval of the direct transfer of Renewed Facility Operating License No. NPF-63 for the Shearon Harris Nuclear Power Plant, Unit 1, from the current holder, NCEMPA, to Duke Energy. The NRC is also considering amending the license for administrative purposes to reflect the proposed transfer.

Federal Register, Volume 80 Issue 76 (Tuesday, April 21, 2015)
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22224-22227]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09262]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-400; NRC-2015-0101]


Shearon Harris Nuclear Power Plant, Unit 1; Consideration of 
Approval of Transfer of License and Conforming Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for direct transfer of license; opportunity to 
comment, request a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an application filed by Duke Energy Progress, 
Inc. (Duke Energy) and North Carolina Eastern Municipal Power Agency 
(NCEMPA), on December 22, 2014, as supplemented by letter dated March 
4, 2015. The application seeks NRC approval of the direct transfer of 
Renewed Facility Operating License No. NPF-63 for the Shearon Harris 
Nuclear Power Plant, Unit 1, from the current holder, NCEMPA, to Duke 
Energy. The NRC is also considering amending the license for 
administrative purposes to reflect the proposed transfer.

DATES: Comments must be filed by May 21, 2015. A request for a hearing 
must be filed by May 11, 2015.

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-2015-0101. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.

[[Page 22225]]

    For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Martha Barillas, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2760, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0101 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0101.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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 [email protected]. 
``Shearon Harris, Unit 1, Application for Order Approving Transfer of 
Control of License and for Conforming License Amendment'' and ``Shearon 
Harris, Unit 1--Supplement to Application for Order Approving Transfer 
of Control of License and for Conforming License Amendment'' are 
available in ADAMS under Accession Nos. ML14358A253 and ML15064A010, 
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-2015-0101 in your comment submission.
    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 into ADAMS.

II. Introduction

    The NRC is considering the issuance of an order under 10 CFR 50.80 
approving the direct transfer of control of Renewed Facility Operating 
License No. NPF-63 for the Shearon Harris Nuclear Power Plant, Unit 1, 
to the extent currently held by NCEMPA. The transfer would be to co-
owner Duke Energy. The NRC is also considering amending the license for 
administrative purposes to reflect the proposed transfer.
    Following approval of the proposed direct transfer of control of 
the license, Duke Energy would acquire NCEMPA's ownership interest in 
the facility and would hold 100 percent ownership of the facility. Duke 
Energy would be responsible for the operation and maintenance of 
Shearon Harris Nuclear Power Plant, Unit 1, and would operate it under 
the same terms and conditions included in the present operating 
license.
    No physical changes to the Shearon Harris Nuclear Power Plant, Unit 
1, or operational changes are being proposed in the application.
    The NRC's regulations at 10 CFR 50.80 state that no license, or any 
right thereunder, shall be transferred, directly or indirectly, through 
transfer of control of the license, unless the Commission gives its 
consent in writing. The Commission will approve an application for the 
direct transfer of a license if the Commission determines that the 
proposed transferee is qualified to hold the license, and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission.
    Before issuance of the proposed conforming 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.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.

III. Opportunity to Comment

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted as described in the ADDRESSES section of this document.

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

    Within 20 days from the date of publication of this notice, any 
person(s) whose interest may be affected by the Commission's action on 
the application may request a hearing and intervention via electronic 
submission through the NRC's E-Filing system. Requests for a hearing 
and petitions for leave to intervene should be filed in accordance with 
the Commission's rules of practice set forth in Subpart C, ``Rules of 
General Applicability: Hearing Requests, Petitions to Intervene, 
Availability of Documents, Selection of Specific Hearing Procedures, 
Presiding Officer Powers, and General Hearing Management for NRC 
Adjudicatory Hearings,'' of 10 CFR part 2. In particular, such requests 
and petitions must comply with the requirements set forth in 10 CFR 
2.309, which is available at the NRC's PDR, located at O-1F21, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852. The NRC 
regulations are accessible electronically from the NRC Library on the 
NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    As required by 10 CFR 2.309, a request for hearing or petition for 
leave to intervene must 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 hearing request or petition must 
specifically explain the reasons why intervention should be permitted, 
with particular

[[Page 22226]]

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 that may be 
entered in the proceeding on the requestor's/petitioner's interest. The 
hearing request or petition must also include the specific contentions 
that the requestor/petitioner seeks to have litigated at the 
proceeding.
    For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings that the NRC must make to 
support the granting of a license amendment in response to the 
application. The hearing request or petition must also include a 
concise statement of the alleged facts or expert opinion that support 
the contention and on which the requestor/petitioner intends to rely at 
the hearing, together with references to those specific sources and 
documents. The hearing request or petition must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact, including references to specific 
portions of the application for amendment that the petitioner disputes 
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain 
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for 
the requestor's/petitioner's belief. Each contention must be one which, 
if proven, would entitle the requestor/petitioner to relief. A 
requestor/petitioner who does not satisfy these requirements for 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 with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Requests for hearing, petitions for leave to intervene, and motions 
for leave to file contentions after the deadline in 10 CFR 2.309(b) 
will not be entertained absent a determination by the presiding officer 
that the new or amended filing demonstrates good cause by satisfying 
the three factors in 10 CFR 2.309(c)(1).
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by May 
11, 2015. The petition must be filed in accordance with the filing 
instructions in Section IV of this document, and should meet the 
requirements for petitions for leave to intervene set forth in this 
section, except that under Sec.  2.309(h)(2) a State, local 
governmental body, or Federally-recognized Indian tribe, or agency 
thereof does not need to address the standing requirements in 10 CFR 
2.309(d) if the facility is located within its boundaries. A State, 
local governmental body, Federally-recognized Indian Tribe, or agency 
thereof may also have the opportunity to participate under 10 CFR 
2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
June 22, 2015.

V. 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 [email protected], 
or by telephone at 301-415-1677, to request (1) a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.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,

[[Page 22227]]

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 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 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First-class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
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.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    For further details with respect to this application, see the 
application dated December 22, 2014, as supplemented on March 4, 2015.

    Dated at Rockville, Maryland, this 13th day of April 2015.

    For the Nuclear Regulatory Commission.
Martha Barillas,
Project Manager, Plant Licensing Branch II-2, Division of Operator 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-09262 Filed 4-20-15; 8:45 am]
BILLING CODE 7590-01-P



                                              22224                          Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices

                                              for example, by using automated or                      titled ADDRESSES). The additional                     NUCLEAR REGULATORY
                                              other technological information                         materials must clearly identify your                  COMMISSION
                                              collection and transmission techniques.                 electronic comments by your name,
                                                                                                                                                            [Docket No. 50–400; NRC–2015–0101]
                                              III. Proposed Actions                                   date, and the OSHA docket number, so
                                                                                                      the Agency can attach them to your                    Shearon Harris Nuclear Power Plant,
                                                 OSHA is requesting that OMB extend                   comments.                                             Unit 1; Consideration of Approval of
                                              its approval of the collection of
                                                                                                         Because of security procedures, the                Transfer of License and Conforming
                                              information requirements associated
                                                                                                      use of regular mail may cause a                       Amendment
                                              with its State Plan regulations. The
                                              Agency is requesting an adjustment                      significant delay in the receipt of                   AGENCY:  Nuclear Regulatory
                                              increase of 173 burden hours, from                      comments. For information about                       Commission.
                                              11,196 to 11,369 hours. This burden                     security procedures concerning the                    ACTION: Application for direct transfer of
                                              hour increase is the result of the                      delivery of materials by hand, express                license; opportunity to comment,
                                              anticipated increase in the submission                  delivery, messenger, or courier service,              request a hearing, and petition for leave
                                              of state plan changes associated with                   please contact the OSHA Docket Office                 to intervene.
                                              one state (Maine) actively implementing                 at (202) 693–2350, (TTY (877) 889–
                                              a new State Plan. The burden hour                       5627).                                                SUMMARY:   The U.S. Nuclear Regulatory
                                              increase was partially offset by the                       Comments and submissions are                       Commission (NRC) received and is
                                              decrease in the estimated number of                     posted without change at http://                      considering approval of an application
                                              state-initiated state plan changes. The                 www.regulations.gov. Therefore, OSHA                  filed by Duke Energy Progress, Inc.
                                              Agency will summarize the comments                                                                            (Duke Energy) and North Carolina
                                                                                                      cautions commenters about submitting
                                              submitted in response to this notice and                                                                      Eastern Municipal Power Agency
                                                                                                      personal information, such as their
                                              will include this summary in its request                                                                      (NCEMPA), on December 22, 2014, as
                                              to OMB.                                                 social security number and date of birth.             supplemented by letter dated March 4,
                                                 Type of Review: Extension of a                       Although all submissions are listed in                2015. The application seeks NRC
                                              currently approved collection.                          the http://www.regulations.gov index,                 approval of the direct transfer of
                                                 Title: Occupational Safety and Health                some information (e.g., copyrighted                   Renewed Facility Operating License No.
                                              State Plans.                                            material) is not publicly available to                NPF–63 for the Shearon Harris Nuclear
                                                 OMB Control Number: 1218–0247.                       read or download from this Web site.                  Power Plant, Unit 1, from the current
                                                 Affected Public: Designated state                    All submissions, including copyrighted                holder, NCEMPA, to Duke Energy. The
                                              government agencies that are seeking or                 material, are available for inspection                NRC is also considering amending the
                                              have submitted and obtained approval                    and copying at the OSHA Docket Office.                license for administrative purposes to
                                              for State Plans for the development and                 Information on using the http://                      reflect the proposed transfer.
                                              enforcement of occupational safety and                  www.regulations.gov Web site to submit                DATES: Comments must be filed by May
                                              health standards.                                       comments and access the docket is                     21, 2015. A request for a hearing must
                                                 Number of Respondents: 28.                           available at the Web site’s ‘‘User Tips’’             be filed by May 11, 2015.
                                                 Frequency: On occasion; quarterly;                   link. Contact the OSHA Docket Office
                                              annually.                                                                                                     ADDRESSES: You may submit comments
                                                                                                      for information about materials not                   by any of the following methods (unless
                                                 Total Responses: 1,279.
                                                 Average Time per Response: Varies                    available from the Web site and for                   this document describes a different
                                              from 30 minutes (.5 hour) to respond to                 assistance in using the Internet to locate            method for submitting comments on a
                                              an information inquiry to 80 hours to                   docket submissions.                                   specific subject):
                                              document state annual performance                                                                                • Federal rulemaking Web site: Go to
                                                                                                      V. Authority and Signature
                                              goals.                                                                                                        http://www.regulations.gov and search
                                                 Estimated Total Burden Hours:                          David Michaels, Ph.D., MPH,                         for Docket ID NRC–2015–0101. Address
                                              11,369.                                                 Assistant Secretary of Labor for                      questions about NRC dockets to Carol
                                                 Estimated Cost (Operation and                        Occupational Safety and Health,                       Gallagher; telephone: 301–415–3463;
                                              Maintenance): $0.                                       directed the preparation of this notice.              email: Carol.Gallagher@nrc.gov. For
                                                                                                      The authority for this notice is the                  technical questions contact the
                                              IV. Public Participation—Submission of                                                                        individual listed in the FOR FURTHER
                                              Comments on This Notice and Internet                    Paperwork Reduction Act of 1995 (44
                                                                                                                                                            INFORMATION CONTACT section of this
                                              Access to Comments and Submissions                      U.S.C. 3506 et seq.) and Secretary of
                                                                                                                                                            document.
                                                                                                      Labor’s Order No. 1–2012 (77 FR 3912).
                                                 You may submit comments in                                                                                    • Email comments to:
                                              response to this document as follows:                     Signed at Washington, DC, on April 15,              Hearingdocket@nrc.gov. If you do not
                                              (1) Electronically at http://                           2015.                                                 receive an automatic email reply
                                              www.regulations.gov, which is the                       David Michaels,                                       confirming receipt, then contact us at
                                              Federal eRulemaking Portal; (2) by                      Assistant Secretary of Labor for Occupational         301–415–1677.
                                              facsimile (fax); or (3) by hard copy. All               Safety and Health.                                       • Fax comments to: Secretary, U.S.
                                              comments, attachments, and other                        [FR Doc. 2015–09077 Filed 4–20–15; 8:45 am]           Nuclear Regulatory Commission at 301–
                                              material must identify the Agency name                  BILLING CODE 4510–26–P
                                                                                                                                                            415–1101.
                                              and the OSHA docket number for the                                                                               • Mail comments to: Secretary, U.S.
                                              ICR (Docket No. OSHA–2011–0197).                                                                              Nuclear Regulatory Commission,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              You may supplement electronic                                                                                 Washington, DC 20555–0001, ATTN:
                                              submissions by uploading document                                                                             Rulemakings and Adjudications Staff.
                                              files electronically. If you wish to mail                                                                        • Hand deliver comments to: 11555
                                              additional materials in reference to an                                                                       Rockville Pike, Rockville, Maryland
                                              electronic or facsimile submission, you                                                                       20852, between 7:30 a.m. and 4:15 p.m.
                                              must submit them to the OSHA Docket                                                                           (Eastern Time) Federal workdays;
                                              Office (see the section of this notice                                                                        telephone: 301–415–1677.


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                                                                             Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices                                            22225

                                                For additional direction on accessing                 comment submissions to remove                         determined that any amendment to the
                                              information and submitting comments,                    identifying or contact information.                   license of a utilization facility which
                                              see ‘‘Obtaining Information and                           If you are requesting or aggregating                does no more than conform the license
                                              Submitting Comments’’ in the                            comments from other persons for                       to reflect the transfer action involves no
                                              SUPPLEMENTARY INFORMATION section of                    submission to the NRC, then you should                significant hazards consideration. No
                                              this document.                                          inform those persons not to include                   contrary determination has been made
                                              FOR FURTHER INFORMATION CONTACT:                        identifying or contact information that               with respect to this specific license
                                              Martha Barillas, Office of Nuclear                      they do not want to be publicly                       amendment application. In light of the
                                              Reactor Regulation, U.S. Nuclear                        disclosed in their comment submission.                generic determination reflected in 10
                                              Regulatory Commission, Washington,                      Your request should state that the NRC                CFR 2.1315, no public comments with
                                              DC 20555–0001; telephone: 301–415–                      does not routinely edit comment                       respect to significant hazards
                                              2760, email: Martha.Barillas@nrc.gov.                   submissions to remove such information                considerations are being solicited,
                                                                                                      before making the comment                             notwithstanding the general comment
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      submissions available to the public or                procedures contained in 10 CFR 50.91.
                                              I. Obtaining Information and                            entering the comment into ADAMS.
                                              Submitting Comments                                                                                           III. Opportunity to Comment
                                                                                                      II. Introduction                                         Within 30 days from the date of
                                              A. Obtaining Information                                   The NRC is considering the issuance                publication of this notice, persons may
                                                 Please refer to Docket ID NRC–2015–                  of an order under 10 CFR 50.80                        submit written comments regarding the
                                              0101 when contacting the NRC about                      approving the direct transfer of control              license transfer application, as provided
                                              the availability of information for this                of Renewed Facility Operating License                 for in 10 CFR 2.1305. The Commission
                                              action. You may obtain publicly-                        No. NPF–63 for the Shearon Harris                     will consider and, if appropriate,
                                              available information related to this                   Nuclear Power Plant, Unit 1, to the                   respond to these comments, but such
                                              action by any of the following methods:                 extent currently held by NCEMPA. The                  comments will not otherwise constitute
                                                 • Federal rulemaking Web site: Go to                 transfer would be to co-owner Duke                    part of the decisional record. Comments
                                              http://www.regulations.gov and search                   Energy. The NRC is also considering                   should be submitted as described in the
                                              for Docket ID NRC–2015–0101.                            amending the license for administrative               ADDRESSES section of this document.
                                                 • NRC’s Agencywide Documents                         purposes to reflect the proposed
                                              Access and Management System                                                                                  IV. Opportunity To Request a Hearing
                                                                                                      transfer.                                             and Petition for Leave To Intervene
                                              (ADAMS): You may obtain publicly-                          Following approval of the proposed
                                              available documents online in the                       direct transfer of control of the license,               Within 20 days from the date of
                                              ADAMS Public Documents collection at                    Duke Energy would acquire NCEMPA’s                    publication of this notice, any person(s)
                                              http://www.nrc.gov/reading-rm/                          ownership interest in the facility and                whose interest may be affected by the
                                              adams.html. To begin the search, select                 would hold 100 percent ownership of                   Commission’s action on the application
                                              ‘‘ADAMS Public Documents’’ and then                     the facility. Duke Energy would be                    may request a hearing and intervention
                                              select ‘‘Begin Web-based ADAMS                          responsible for the operation and                     via electronic submission through the
                                              Search.’’ For problems with ADAMS,                      maintenance of Shearon Harris Nuclear                 NRC’s E-Filing system. Requests for a
                                              please contact the NRC’s Public                         Power Plant, Unit 1, and would operate                hearing and petitions for leave to
                                              Document Room (PDR) reference staff at                  it under the same terms and conditions                intervene should be filed in accordance
                                              1–800–397–4209, 301–415–4737, or by                     included in the present operating                     with the Commission’s rules of practice
                                              email to pdr.resource@nrc.gov.                          license.                                              set forth in Subpart C, ‘‘Rules of General
                                              ‘‘Shearon Harris, Unit 1, Application for                  No physical changes to the Shearon                 Applicability: Hearing Requests,
                                              Order Approving Transfer of Control of                  Harris Nuclear Power Plant, Unit 1, or                Petitions to Intervene, Availability of
                                              License and for Conforming License                      operational changes are being proposed                Documents, Selection of Specific
                                              Amendment’’ and ‘‘Shearon Harris, Unit                  in the application.                                   Hearing Procedures, Presiding Officer
                                              1—Supplement to Application for Order                      The NRC’s regulations at 10 CFR                    Powers, and General Hearing
                                              Approving Transfer of Control of                        50.80 state that no license, or any right             Management for NRC Adjudicatory
                                              License and for Conforming License                      thereunder, shall be transferred, directly            Hearings,’’ of 10 CFR part 2. In
                                              Amendment’’ are available in ADAMS                      or indirectly, through transfer of control            particular, such requests and petitions
                                              under Accession Nos. ML14358A253                        of the license, unless the Commission                 must comply with the requirements set
                                              and ML15064A010, respectively.                          gives its consent in writing. The                     forth in 10 CFR 2.309, which is
                                                 • NRC’s PDR: You may examine and                     Commission will approve an                            available at the NRC’s PDR, located at
                                              purchase copies of public documents at                  application for the direct transfer of a              O–1F21, 11555 Rockville Pike (first
                                              the NRC’s PDR, Room O1–F21, One                         license if the Commission determines                  floor), Rockville, Maryland 20852. The
                                              White Flint North, 11555 Rockville                      that the proposed transferee is qualified             NRC regulations are accessible
                                              Pike, Rockville, Maryland 20852.                        to hold the license, and that the transfer            electronically from the NRC Library on
                                                                                                      is otherwise consistent with applicable               the NRC’s public Web site at http://
                                              B. Submitting Comments                                  provisions of law, regulations, and                   www.nrc.gov/reading-rm/doc-
                                                Please include Docket ID NRC–2015–                    orders issued by the Commission.                      collections/cfr/.
                                              0101 in your comment submission.                           Before issuance of the proposed                       As required by 10 CFR 2.309, a
                                                The NRC cautions you not to include                   conforming license amendment, the                     request for hearing or petition for leave
                                              identifying or contact information that                 Commission will have made findings                    to intervene must set forth with
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                                              you do not want to be publicly                          required by the Atomic Energy Act of                  particularity the interest of the
                                              disclosed in your comment submission.                   1954, as amended (the Act), and the                   petitioner in the proceeding and how
                                              The NRC will post all comment                           Commission’s regulations.                             that interest may be affected by the
                                              submissions at http://                                     As provided in 10 CFR 2.1315, unless               results of the proceeding. The hearing
                                              www.regulations.gov as well as enter the                otherwise determined by the                           request or petition must specifically
                                              comment submissions into ADAMS.                         Commission with regard to a specific                  explain the reasons why intervention
                                              The NRC does not routinely edit                         application, the Commission has                       should be permitted, with particular


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                                              22226                          Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices

                                              reference to the following general                      of witnesses, consistent with NRC                     governmental entities participating
                                              requirements: (1) The name, address,                    regulations, policies, and procedures.                under 10 CFR 2.315(c), must be filed in
                                              and telephone number of the requestor                   The Atomic Safety and Licensing Board                 accordance with the NRC’s E-Filing rule
                                              or petitioner; (2) the nature of the                    will set the time and place for any                   (72 FR 49139; August 28, 2007). The E-
                                              requestor’s/petitioner’s right under the                prehearing conferences and evidentiary                Filing process requires participants to
                                              Act to be made a party to the                           hearings, and the appropriate notices                 submit and serve all adjudicatory
                                              proceeding; (3) the nature and extent of                will be provided.                                     documents over the internet, or in some
                                              the requestor’s/petitioner’s property,                     Requests for hearing, petitions for                cases to mail copies on electronic
                                              financial, or other interest in the                     leave to intervene, and motions for leave             storage media. Participants may not
                                              proceeding; and (4) the possible effect of              to file contentions after the deadline in             submit paper copies of their filings
                                              any decision or order that may be                       10 CFR 2.309(b) will not be entertained               unless they seek an exemption in
                                              entered in the proceeding on the                        absent a determination by the presiding               accordance with the procedures
                                              requestor’s/petitioner’s interest. The                  officer that the new or amended filing                described below.
                                              hearing request or petition must also                   demonstrates good cause by satisfying                    To comply with the procedural
                                              include the specific contentions that the               the three factors in 10 CFR 2.309(c)(1).              requirements of E-Filing, at least ten 10
                                              requestor/petitioner seeks to have                         A State, local governmental body,                  days prior to the filing deadline, the
                                              litigated at the proceeding.                            Federally-recognized Indian Tribe, or                 participant should contact the Office of
                                                 For each contention, the requestor/                  agency thereof may submit a petition to               the Secretary by email at
                                              petitioner must provide a specific                      the Commission to participate as a party              hearing.docket@nrc.gov, or by telephone
                                              statement of the issue of law or fact to                under 10 CFR 2.309(h)(1). The petition                at 301–415–1677, to request (1) a digital
                                              be raised or controverted, as well as a                 should state the nature and extent of the             identification (ID) certificate, which
                                              brief explanation of the basis for the                  petitioner’s interest in the proceeding.              allows the participant (or its counsel or
                                              contention. Additionally, the requestor/                The petition should be submitted to the               representative) to digitally sign
                                              petitioner must demonstrate that the                    Commission by May 11, 2015. The                       documents and access the E-Submittal
                                              issue raised by each contention is                      petition must be filed in accordance                  server for any proceeding in which it is
                                              within the scope of the proceeding and                  with the filing instructions in Section IV            participating; and (2) advise the
                                              is material to the findings that the NRC                of this document, and should meet the                 Secretary that the participant will be
                                              must make to support the granting of a                  requirements for petitions for leave to               submitting a request or petition for
                                              license amendment in response to the                    intervene set forth in this section,                  hearing (even in instances in which the
                                              application. The hearing request or                     except that under § 2.309(h)(2) a State,              participant, or its counsel or
                                              petition must also include a concise                    local governmental body, or Federally-                representative, already holds an NRC-
                                              statement of the alleged facts or expert                recognized Indian tribe, or agency                    issued digital ID certificate). Based upon
                                              opinion that support the contention and                 thereof does not need to address the                  this information, the Secretary will
                                              on which the requestor/petitioner                       standing requirements in 10 CFR                       establish an electronic docket for the
                                              intends to rely at the hearing, together                2.309(d) if the facility is located within            hearing in this proceeding if the
                                              with references to those specific sources               its boundaries. A State, local                        Secretary has not already established an
                                              and documents. The hearing request or                   governmental body, Federally-                         electronic docket.
                                              petition must provide sufficient                        recognized Indian Tribe, or agency                       Information about applying for a
                                              information to show that a genuine                      thereof may also have the opportunity to              digital ID certificate is available on the
                                              dispute exists with the applicant on a                  participate under 10 CFR 2.315(c).                    NRC’s public Web site at http://
                                              material issue of law or fact, including                   If a hearing is granted, any person                www.nrc.gov/site-help/e-submittals/
                                              references to specific portions of the                  who does not wish, or is not qualified,               getting-started.html. System
                                              application for amendment that the                      to become a party to the proceeding                   requirements for accessing the E-
                                              petitioner disputes and the supporting                  may, in the discretion of the presiding               Submittal server are detailed in the
                                              reasons for each dispute. If the                        officer, be permitted to make a limited               NRC’s ‘‘Guidance for Electronic
                                              requestor/petitioner believes that the                  appearance pursuant to the provisions                 Submission,’’ which is available on the
                                              application for amendment fails to                      of 10 CFR 2.315(a). A person making a                 agency’s public Web site at http://
                                              contain information on a relevant matter                limited appearance may make an oral or                www.nrc.gov/site-help/e-
                                              as required by law, the requestor/                      written statement of position on the                  submittals.html. Participants may
                                              petitioner must identify each failure and               issues, but may not otherwise                         attempt to use other software not listed
                                              the supporting reasons for the                          participate in the proceeding. A limited              on the Web site, but should note that the
                                              requestor’s/petitioner’s belief. Each                   appearance may be made at any session                 NRC’s E-Filing system does not support
                                              contention must be one which, if                        of the hearing or at any prehearing                   unlisted software, and the NRC Meta
                                              proven, would entitle the requestor/                    conference, subject to the limits and                 System Help Desk will not be able to
                                              petitioner to relief. A requestor/                      conditions as may be imposed by the                   offer assistance in using unlisted
                                              petitioner who does not satisfy these                   presiding officer. Persons desiring to                software.
                                              requirements for at least one contention                make a limited appearance are                            If a participant is electronically
                                              will not be permitted to participate as a               requested to inform the Secretary of the              submitting a document to the NRC in
                                              party.                                                  Commission by June 22, 2015.                          accordance with the E-Filing rule, the
                                                 Those permitted to intervene become                                                                        participant must file the document
                                              parties to the proceeding, subject to any               V. Electronic Submissions (E-Filing)                  using the NRC’s online, Web-based
                                              limitations in the order granting leave to                All documents filed in NRC                          submission form. In order to serve
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                                              intervene, and have the opportunity to                  adjudicatory proceedings, including a                 documents through the Electronic
                                              participate fully in the conduct of the                 request for hearing, a petition for leave             Information Exchange System, users
                                              hearing with respect to resolution of                   to intervene, any motion or other                     will be required to install a Web
                                              that person’s admitted contentions,                     document filed in the proceeding prior                browser plug-in from the NRC’s Web
                                              including the opportunity to present                    to the submission of a request for                    site. Further information on the Web-
                                              evidence and to submit a cross-                         hearing or petition to intervene, and                 based submission form, including the
                                              examination plan for cross-examination                  documents filed by interested                         installation of the Web browser plug-in,


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                                                                             Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices                                          22227

                                              is available on the NRC’s public Web                    Sixteenth Floor, One White Flint North,               NUCLEAR REGULATORY
                                              site at http://www.nrc.gov/site-help/e-                 11555 Rockville Pike, Rockville,                      COMMISSION
                                              submittals.html.                                        Maryland, 20852, Attention:
                                                 Once a participant has obtained a                    Rulemaking and Adjudications Staff.                   [Proj–0803; NRC–2013–0235]
                                              digital ID certificate and a docket has                 Participants filing a document in this
                                              been created, the participant can then                  manner are responsible for serving the                Northwest Medical Isotopes, LLC
                                              submit a request for hearing or petition                document on all other participants.
                                              for leave to intervene. Submissions                     Filing is considered complete by first-               AGENCY:  Nuclear Regulatory
                                              should be in Portable Document Format                   class mail as of the time of deposit in               Commission.
                                              (PDF) in accordance with NRC guidance                   the mail, or by courier, express mail, or             ACTION: Construction permit
                                              available on the NRC’s public Web site                  expedited delivery service upon                       application; receipt.
                                              at http://www.nrc.gov/site-help/e-                      depositing the document with the
                                              submittals.html. A filing is considered                 provider of the service. A presiding                  SUMMARY:   The U.S. Nuclear Regulatory
                                              complete at the time the documents are                  officer, having granted an exemption                  Commission (NRC) staff has received
                                              submitted through the NRC’s E-Filing                    request from using E-Filing, may require              and is making available the first part of
                                              system. To be timely, an electronic                     a participant or party to use E-Filing if             the application for a construction
                                              filing must be submitted to the E-Filing                the presiding officer subsequently                    permit, submitted by Northwest Medical
                                              system no later than 11:59 p.m. Eastern                 determines that the reason for granting               Isotopes, LLC (NWMI). NWMI proposes
                                              Time on the due date. Upon receipt of                   the exemption from use of E-Filing no                 to build a medical radioisotope
                                              a transmission, the E-Filing system                     longer exists.                                        production facility located in Columbia,
                                              time-stamps the document and sends                                                                            Missouri.
                                                                                                        Documents submitted in adjudicatory
                                              the submitter an email notice                                                                                 DATES: April 21, 2015.
                                                                                                      proceedings will appear in the NRC’s
                                              confirming receipt of the document. The                                                                       ADDRESSES: Please refer to Docket ID
                                                                                                      electronic hearing docket, which is
                                              E-Filing system also distributes an email                                                                     NRC–2013–0235 when contacting the
                                                                                                      available to the public at http://
                                              notice that provides access to the                                                                            NRC about the availability of
                                              document to the NRC’s Office of the                     ehd1.nrc.gov/ehd/, unless excluded
                                                                                                      pursuant to an order of the Commission,               information regarding this document.
                                              General Counsel and any others who                                                                            You may obtain publicly-available
                                              have advised the Office of the Secretary                or the presiding officer. Participants are
                                                                                                      requested not to include personal                     information related to this document
                                              that they wish to participate in the                                                                          using any of the following methods:
                                              proceeding, so that the filer need not                  privacy information, such as social
                                                                                                      security numbers, home addresses, or                     • Federal Rulemaking Web site: Go to
                                              serve the documents on those                                                                                  http://www.regulations.gov and search
                                              participants separately. Therefore,                     home phone numbers in their filings,
                                                                                                      unless an NRC regulation or other law                 for Docket ID NRC–2013–0235. Address
                                              applicants and other participants (or                                                                         questions about NRC dockets to Carol
                                              their counsel or representative) must                   requires submission of such
                                                                                                      information. However, a request to                    Gallagher; telephone: 301–415–3463;
                                              apply for and receive a digital ID                                                                            email: Carol.Gallagher@nrc.gov. For
                                              certificate before a hearing request/                   intervene will require including
                                                                                                      information on local residence in order               technical questions, contact the
                                              petition to intervene is filed so that they                                                                   individual listed in the FOR FURTHER
                                              can obtain access to the document via                   to demonstrate a proximity assertion of
                                                                                                      interest in the proceeding. With respect              INFORMATION CONTACT section of this
                                              the E-Filing system.
                                                                                                      to copyrighted works, except for limited              document.
                                                 A person filing electronically using
                                                                                                      excerpts that serve the purpose of the                   • NRC’s Agencywide Documents
                                              the NRC’s adjudicatory E-Filing system
                                              may seek assistance by contacting the                   adjudicatory filings and would                        Access and Management System
                                              NRC Meta System Help Desk through                       constitute a Fair Use application,                    (ADAMS): You may obtain publicly-
                                              the ‘‘Contact Us’’ link located on the                  participants are requested not to include             available documents online in the
                                              NRC’s public Web site at http://                        copyrighted materials in their                        ADAMS Public Documents collection at
                                              www.nrc.gov/site-help/e-                                submission.                                           http://www.nrc.gov/reading-rm/
                                              submittals.html, by email to                                                                                  adams.html. To begin the search, select
                                                                                                        The Commission will issue a notice or
                                              MSHD.Resource@nrc.gov, or by a toll-                                                                          ‘‘ADAMS Public Documents’’ and then
                                                                                                      order granting or denying a hearing
                                              free call at 1–866–672–7640. The NRC                                                                          select ‘‘Begin Web-based ADAMS
                                                                                                      request or intervention petition,
                                              Meta System Help Desk is available                                                                            Search.’’ For problems with ADAMS,
                                                                                                      designating the issues for any hearing
                                              between 8 a.m. and 8 p.m., Eastern                                                                            please contact the NRC’s Public
                                                                                                      that will be held and designating the
                                              Time, Monday through Friday,                                                                                  Document Room (PDR) reference staff at
                                                                                                      Presiding Officer. A notice granting a
                                              excluding government holidays.                                                                                1–800–397–4209, 301–415–4737, or by
                                                                                                      hearing will be published in the Federal
                                                 Participants who believe that they                                                                         email to pdr.resource@nrc.gov. The
                                                                                                      Register and served on the parties to the
                                              have a good cause for not submitting                                                                          ADAMS accession number for each
                                                                                                      hearing.
                                              documents electronically must file an                                                                         document referenced (if it available in
                                                                                                        For further details with respect to this            ADAMS) is provided the first time that
                                              exemption request, in accordance with
                                                                                                      application, see the application dated                a document is referenced.
                                              10 CFR 2.302(g), with their initial paper
                                                                                                      December 22, 2014, as supplemented on                    • NRC’s PDR: You may examine and
                                              filing requesting authorization to
                                                                                                      March 4, 2015.                                        purchase copies of public documents at
                                              continue to submit documents in paper
                                              format. Such filings must be submitted                     Dated at Rockville, Maryland, this 13th day        the NRC’s PDR, Room O1–F21, One
                                              by: (1) First-class mail addressed to the               of April 2015.                                        White Flint North, 11555 Rockville
                                                                                                                                                            Pike, Rockville, Maryland 20852.
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                                              Office of the Secretary of the                             For the Nuclear Regulatory Commission.
                                              Commission, U.S. Nuclear Regulatory                     Martha Barillas,                                      FOR FURTHER INFORMATION CONTACT:
                                              Commission, Washington, DC 20555–                       Project Manager, Plant Licensing Branch II–           Michael Balazik, Office of Nuclear
                                              0001, Attention: Rulemaking and                         2, Division of Operator Reactor Licensing,            Reactor Regulation, U.S. Nuclear
                                              Adjudications Staff; or (2) courier,                    Office of Nuclear Reactor Regulation.                 Regulatory Commission, Washington,
                                              express mail, or expedited delivery                     [FR Doc. 2015–09262 Filed 4–20–15; 8:45 am]           DC, 20555–0001; telephone: 301–415–
                                              service to the Office of the Secretary,                 BILLING CODE 7590–01–P                                2856; email: Michael.Balazik@nrc.gov.


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Document Created: 2015-12-16 08:33:59
Document Modified: 2015-12-16 08:33:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionApplication for direct transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene.
DatesComments must be filed by May 21, 2015. A request for a hearing must be filed by May 11, 2015.
ContactMartha Barillas, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2760, email: [email protected]
FR Citation80 FR 22224 

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