80 FR 36365 - Thomas Saporito on Behalf of Saprodani Associates
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 121 (June 24, 2015)
Federal Register Volume 80, Issue 121 (June 24, 2015)
| Page Range | 36365-36366 | |
| FR Document | 2015-15518 |
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)] [Notices] [Pages 36365-36366] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15518] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2011-0147] Thomas Saporito on Behalf of Saprodani Associates AGENCY: Nuclear Regulatory Commission. ACTION: Director's decision under 10 CFR 2.206; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a director's decision with regard to a petition dated March 12, 2011, filed by Thomas Saporito (the petitioner), requesting that the NRC take action with regard to all operating reactor licensees. The petitioner's requests and the director's decision are included in the SUPPLEMENTARY INFORMATION section of this document. DATES: June 24, 2015. ADDRESSES: Please refer to Docket ID NRC-2011-0147 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0147. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. 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]. The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director, Office of Nuclear Reactor Regulation, has issued a director's decision (ADAMS Accession No. ML15114A411) on a petition filed by the petitioner on March 12, 2011 (ADAMS Accession No. ML110740026). The petition was supplemented by documents dated April 14, April 16, and May 25, 2011 (ADAMS Accession Nos. ML11110A026, ML11110A027, ML11110A028, ML11119A024, and ML111450897, respectively.) The petitioner requested that the NRC: 1. Order the immediate shutdown of all nuclear power reactors located on or near an earthquake fault line in the United States. 2. Order the immediate shutdown of all power reactors employing GE Mark I containment design in the United States, characterizing such design as flawed from the nuclear safety standpoint. 3. Advise other countries employing the GE Mark I nuclear power reactors about the serious nuclear safety design flaws associated with that design, which is likely to result in a serious nuclear accident comparable to the Japanese nuclear disaster. 4. Immediately revoke all 20-year license extensions issued to NRC licensees, because the NRC ``has improperly and illegally granted 20- year license extensions to the 40-year license that was initially granted by the agency for the 104 nuclear reactors throughout the United States.'' As the basis for these requests, the petitioner cited the events in Japan at the Fukushima Dai-ichi Nuclear Power Plant. On April 14, 2011, and May 25, 2011, the petitioner met with the NRC's Petition Review Board. The meetings provided the petitioner an opportunity to provide additional information and to clarify issues cited in the petition. The transcripts for those meetings are available in ADAMS under Accession Nos. ML11109A014 and ML11146A010, respectively. The NRC sent a copy of the proposed director's decision to the petitioner and the licensees for comment on April 8, 2015 (ADAMS Package Accession No. ML13018A145). The petitioner and the licensees were asked to provide comments within 2 weeks on any part of the proposed director's decision that was considered to be erroneous or any issues in the petition that were not addressed. Comments were received from two licensees and are addressed in an attachment to the final director's decision. The staff did not receive any comments from the petitioner. The Director of the Office of Nuclear Reactor Regulation has determined that the following requests are denied: (1) To require that the NRC Order the immediate shutdown of all nuclear power reactors located on or near an earthquake fault line in the United States, and (2) to require that the NRC Order the immediate shutdown of all power reactors employing GE Mark I containment design in the United States. The NRC rejected Request 3 on the basis that the NRC was already implementing the actions requested. The NRC rejected Request 4 on the basis that the petitioner's claim was general and insufficient to warrant further inquiry, and that the NRC staff had already reviewed, evaluated, and resolved the issue. The reasons for this decision are explained in the director's decision (DD-15-06) under Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR) of the Commission's regulations. The NRC will file a copy of the director's decision with the Secretary of the Commission for the Commission's review in accordance with 10 CFR [[Page 36366]] 2.206. As provided by this regulation, the director's decision will constitute the final action of the Commission 25 days after the date of the decision, unless the Commission, on its own motion, institutes a review of the director's decision in that time. Dated at Rockville, Maryland, this 17th day of June, 2015. For the Nuclear Regulatory Commission. William M. Dean, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2015-15518 Filed 6-23-15; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices 36365
FOR FURTHER INFORMATION CONTACT: Li DATES: June 24, 2015. accident comparable to the Japanese
Ling Hamady, ACA Permit Officer, at ADDRESSES: Please refer to Docket ID nuclear disaster.
the above address or ACApermits@ NRC–2011–0147 when contacting the 4. Immediately revoke all 20-year
nsf.gov or (703) 292–7149. NRC about the availability of license extensions issued to NRC
SUPPLEMENTARY INFORMATION: The information regarding this document. licensees, because the NRC ‘‘has
National Science Foundation, as You may obtain publicly-available improperly and illegally granted 20-year
directed by the Antarctic Conservation information related to this document license extensions to the 40-year license
Act of 1978 (Pub. L. 95–541), as using any of the following methods: that was initially granted by the agency
amended by the Antarctic Science, • Federal Rulemaking Web site: Go to for the 104 nuclear reactors throughout
Tourism and Conservation Act of 1996, http://www.regulations.gov and search the United States.’’
has developed regulations for the for Docket ID NRC–2011–0147. Address As the basis for these requests, the
establishment of a permit system for questions about NRC dockets to Carol petitioner cited the events in Japan at
various activities in Antarctica and Gallagher; telephone: 301–415–3463; the Fukushima Dai-ichi Nuclear Power
designation of certain animals and email: Carol.Gallagher@nrc.gov. Plant.
On April 14, 2011, and May 25, 2011,
certain geographic areas a requiring • NRC’s Agencywide Documents
the petitioner met with the NRC’s
special protection. The regulations Access and Management System
Petition Review Board. The meetings
establish such a permit system to (ADAMS): You may obtain publicly
provided the petitioner an opportunity
designate Antarctic Specially Protected available documents online in the
to provide additional information and to
Areas. ADAMS Public Documents collection at
clarify issues cited in the petition. The
http://www.nrc.gov/reading-rm/ transcripts for those meetings are
Application Details adams.html. To begin the search, select available in ADAMS under Accession
1. Applicant: Helen Glazer, 3413 ‘‘ADAMS Public Documents’’ and then Nos. ML11109A014 and ML11146A010,
Nancy Ellen Way, Owings Mills, MD select ‘‘Begin Web-based ADAMS respectively.
2117. Search.’’ For problems with ADAMS, The NRC sent a copy of the proposed
Permit Application: 2016–002. please contact the NRC’s Public director’s decision to the petitioner and
Activity for Which Permit is Document Room (PDR) reference staff at the licensees for comment on April 8,
Requested: ASPA entry, Applicant, as 1–800–397–4209, 301–415–4737, or by 2015 (ADAMS Package Accession No.
an NSF artist, desires to enter several email to pdr.resource@nrc.gov. The ML13018A145). The petitioner and the
ASPAs in order to take photos for use ADAMS accession number for each licensees were asked to provide
in hand painted photographs and 3D document referenced (if that document comments within 2 weeks on any part
sculpture creation. is available in ADAMS) is provided the of the proposed director’s decision that
Location: ASPA 121 Cape Royds; first time that a document is referenced. was considered to be erroneous or any
ASPA 122 Arrival Heights; ASPA 131 • NRC’s PDR: You may examine and issues in the petition that were not
Canada Glacier; ASPA 157 Backdoor purchase copies of public documents at addressed. Comments were received
Bay; ASPA 158 Hut Point; ASPA 172 the NRC’s PDR, Room O1–F21, One from two licensees and are addressed in
Lower Taylor Glacier and Blood Falls. White Flint North, 11555 Rockville
Dates: October 25, 2015 to January 4, an attachment to the final director’s
Pike, Rockville, Maryland 20852. decision. The staff did not receive any
2016.
SUPPLEMENTARY INFORMATION: comments from the petitioner.
Nadene G. Kennedy, Notice is hereby given that the The Director of the Office of Nuclear
Polar Coordination Specialist, Division of Director, Office of Nuclear Reactor Reactor Regulation has determined that
Polar Programs. Regulation, has issued a director’s the following requests are denied: (1) To
[FR Doc. 2015–15501 Filed 6–23–15; 8:45 am] decision (ADAMS Accession No. require that the NRC Order the
BILLING CODE 7555–01–P ML15114A411) on a petition filed by immediate shutdown of all nuclear
the petitioner on March 12, 2011 power reactors located on or near an
(ADAMS Accession No. ML110740026). earthquake fault line in the United
NUCLEAR REGULATORY The petition was supplemented by States, and (2) to require that the NRC
COMMISSION documents dated April 14, April 16, and Order the immediate shutdown of all
May 25, 2011 (ADAMS Accession Nos. power reactors employing GE Mark I
[NRC–2011–0147] ML11110A026, ML11110A027, containment design in the United
ML11110A028, ML11119A024, and States. The NRC rejected Request 3 on
Thomas Saporito on Behalf of ML111450897, respectively.) the basis that the NRC was already
Saprodani Associates The petitioner requested that the implementing the actions requested.
AGENCY: Nuclear Regulatory NRC: The NRC rejected Request 4 on the basis
Commission. 1. Order the immediate shutdown of that the petitioner’s claim was general
ACTION: Director’s decision under 10 all nuclear power reactors located on or and insufficient to warrant further
CFR 2.206; issuance. near an earthquake fault line in the inquiry, and that the NRC staff had
United States. already reviewed, evaluated, and
SUMMARY: The U.S. Nuclear Regulatory 2. Order the immediate shutdown of resolved the issue.
Commission (NRC) has issued a all power reactors employing GE Mark The reasons for this decision are
director’s decision with regard to a I containment design in the United explained in the director’s decision
petition dated March 12, 2011, filed by States, characterizing such design as (DD–15–06) under Section 2.206 of Title
tkelley on DSK3SPTVN1PROD with NOTICES
Thomas Saporito (the petitioner), flawed from the nuclear safety 10 of the Code of Federal Regulations
requesting that the NRC take action with standpoint. (10 CFR) of the Commission’s
regard to all operating reactor licensees. 3. Advise other countries employing regulations.
The petitioner’s requests and the the GE Mark I nuclear power reactors The NRC will file a copy of the
director’s decision are included in the about the serious nuclear safety design director’s decision with the Secretary of
SUPPLEMENTARY INFORMATION section of flaws associated with that design, which the Commission for the Commission’s
this document. is likely to result in a serious nuclear review in accordance with 10 CFR
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![36366 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices
2.206. As provided by this regulation, site instructions for submitting shall be secondarily liable for the
the director’s decision will constitute comments. liability it (the seller) would have had
the final action of the Commission 25 • Email: reg.comments@pbgc.gov. but for section 4204.
days after the date of the decision, • Fax: 202–326–4224. The bond or escrow described above
unless the Commission, on its own • Mail or Hand Delivery: Regulatory would be paid to the plan if the
motion, institutes a review of the Affairs Group, Office of the General purchaser withdraws from the plan or
director’s decision in that time. Counsel, Pension Benefit Guaranty fails to make any required contributions
Dated at Rockville, Maryland, this 17th day Corporation, 1200 K Street NW., to the plan within the first five plan
of June, 2015. Washington, DC 20005–4026. years beginning after the sale.
For the Nuclear Regulatory Commission. Comments received, including Additionally, section 4204(b)(1)
William M. Dean, personal information provided, will be provides that if a sale of assets is
Director, Office of Nuclear Reactor posted to www.pbgc.gov. Copies of covered by section 4204, the purchaser
Regulation. comments and non-confidential assumes by operation of law the
[FR Doc. 2015–15518 Filed 6–23–15; 8:45 am] portions of the request may be obtained contribution record of the seller for the
BILLING CODE 7590–01–P
by writing to Disclosure Division, Office plan year in which the sale occurred
of the General Counsel, Pension Benefit and the preceding four plan years.
Guaranty Corporation, 1200 K Street Section 4204(c) of ERISA authorizes
NW., Washington, DC 20005–4026 or PBGC to grant individual or class
PENSION BENEFIT GUARANTY
calling 202–326–4040 during normal variances or exemptions from the
CORPORATION
business hours. (TTY and TDD users purchaser’s bond/escrow requirement of
Pendency of Request for Exemption may call the Federal relay service toll- section 4204(a)(1)(B) when warranted.
From the Bond/Escrow Requirement free at 1–800–877–8339 and ask to be The legislative history of section 4204
Relating to the Sale of Assets by an connected to 202–326–4040.) indicates a Congressional intent that the
Employer Who Contributes to a FOR FURTHER INFORMATION CONTACT: sales rules be administered in a manner
Multiemployer Plan; Harrington Air Bruce Perlin (Perlin.Bruce@PBGC.gov), that assures protection of the plan with
Systems, LLC and J.C. Cannistraro, 202–326–4020, ext. 6818 or Jon the least practicable intrusion into
LLC Chatalian (Chatalian.Jon@PBGC.gov), normal business transactions. Senate
ext. 6757, Office of the Chief Counsel, Committee on Labor and Human
AGENCY: Pension Benefit Guaranty Suite 340, 1200 K Street NW., Resources, 96th Cong., 2nd Sess.,
Corporation. Washington, DC 20005–4026; (TTY/ S.1076, The Multiemployer Pension
ACTION: Notice of pendency of request. TDD users may call the Federal relay Plan Amendments Act of 1980:
service toll-free at 1–800–877–8339 and Summary and Analysis of
SUMMARY: This notice advises interested ask to be connected to 202–326–4020.) Considerations 16 (Comm. Print, April
persons that the Pension Benefit 1980); 128 Cong. Rec. S10117 (July 29,
SUPPLEMENTARY INFORMATION:
Guaranty Corporation (‘‘PBGC’’) has 1980). The granting of an exemption or
received a request from Harrington Air Background variance from the bond/escrow
Systems, LLC, and its sister company Section 4204 of the Employee requirement does not constitute a
J.C. Cannistraro, LLC, for an exemption Retirement Income Security Act of 1974, finding by PBGC that a particular
from the bond/escrow requirement of as amended by the Multiemployer transaction satisfies the other
section 4204(a)(1) of the Employee Pension Plan Amendments Act of 1980 requirements of section 4204(a)(1).
Retirement Income Security Act of 1974, (‘‘ERISA’’ or ‘‘the Act’’), provides that a Under the PBGC’s regulation on
as amended, with respect to the Sheet bona fide arm’s-length sale of assets of variances for sales of assets (29 CFR part
Metal Workers National Pension Fund. a contributing employer to an unrelated 4204), a request for a variance or waiver
Section 4204(a)(1) provides that the sale party will not be considered a of the bond/escrow requirement under
of assets by an employer that withdrawal if three conditions are met. any of the tests established in the
contributes to a multiemployer pension These conditions, enumerated in section regulation (§§ 4204.12–4204.13) is to be
plan will not constitute a complete or 4204(a)(1)(A)–(C), are that— made by the parties to the sale to the
partial withdrawal from the plan if (A) The purchaser has an obligation to plan in question. PBGC will consider a
certain conditions are met. One of these contribute to the plan with respect to waiver request by a purchaser or seller
conditions is that the purchaser posts a the operations for substantially the same only if the transaction does not satisfy
bond or deposits money in escrow for number of contributions base units for the regulatory tests or the parties
the five-plan-year period beginning after which the seller was obligated to decline to provide the plan financial
the sale. PBGC is authorized to grant contribute; information necessary to show
individual and class exemptions from (B) The purchaser obtains a bond or satisfaction of one of the regulatory tests
this requirement. Before granting an places an amount in escrow, for a period because it is privileged or confidential
exemption PBGC is required to give of five plan years after the sale, equal to financial information within the
interested persons an opportunity to the greater of the seller’s average meaning of 5 U.S.C. 552(b)(4) (the
comment on the exemption request. The required annual contribution to the plan Freedom of Information Act).
purpose of this notice is to advise for the three plan years preceding the Under § 4204.22 of the regulation, the
interested persons of the exemption year in which the sale occurred or the PBGC shall approve a request for a
request and solicit their views on it. seller’s required annual contribution for variance or exemption if it determines
DATES: Comments must be received on
tkelley on DSK3SPTVN1PROD with NOTICES
the plan year preceding the year in that approval of the request is
or before August 10, 2015. which the sale occurred; and warranted, in that it—
ADDRESSES: Comments may be (C) The contract of sale provides that (1) Would more effectively or
submitted by any of the following if the purchaser withdraws from the equitably carry out the purposes of Title
methods: plan within the first five plan years IV of the Act; and
• Federal eRulemaking Portal: http:// beginning after the sale and fails to pay (2) Would not significantly increase
www.regulations.gov. Follow the Web any of its liability to the plan, the seller the risk of financial loss to the plan.
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Document Created: 2015-12-15 14:09:29
Document Modified: 2015-12-15 14:09:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Director's decision under 10 CFR 2.206; issuance. | |
| Dates | June 24, 2015. | |
| FR Citation | 80 FR 36365 |
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