80_FR_53763 80 FR 53591 - North Anna Power Station, Units 1 and 2; Virginia Electric and Power Company

80 FR 53591 - North Anna Power Station, Units 1 and 2; Virginia Electric and Power Company

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 172 (September 4, 2015)

Page Range53591-53592
FR Document2015-22048

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is giving notice that the Director of the Office of Nuclear Reactor Regulation has issued a final Director's Decision with regard to a petition dated October 20, 2011, filed by Paul Gunter et al, herein referred to as ``the petitioners.''

Federal Register, Volume 80 Issue 172 (Friday, September 4, 2015)
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53591-53592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22048]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-338 and 50-339; NRC-2012-0258; License Nos.: NPF-4 and 
NPF-7]


North Anna Power Station, Units 1 and 2; Virginia Electric and 
Power Company

AGENCY: Nuclear Regulatory Commission.

ACTION: Director's Decision under 10 CFR 2.206; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is giving notice that the Director of the Office of Nuclear Reactor 
Regulation has issued a final Director's Decision with regard to a 
petition dated October 20, 2011, filed by Paul Gunter et al, herein 
referred to as ``the petitioners.''

DATES: September 4, 2015.

ADDRESSES: Please refer to Docket ID NRC-2012-0258 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-2012-0258. 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.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document (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.

FOR FURTHER INFORMATION CONTACT: V. Sreenivas, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2597; email: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director of 
the Office of Nuclear Reactor Regulation has issued a Director's 
Decision with regard to a petition dated October 20, 2011 (ADAMS 
Accession No. ML11293A116), filed by the petitioners. The petition was 
supplemented on November 2, 2011 (ADAMS Accession No. ML11308A027) and 
December 15, 2011 (ADAMS Accession No. ML12060A197). The petition 
concerns the operation of the North Anna Power Station, Units 1 and 2 
(North Anna 1 and 2), by the Virginia Electric and Power Company (VEPCO 
or the licensee). The petition requested that the NRC suspend the 
operating licenses for North Anna 1 and 2, until the completion of a 
set of activities described in the petition. The petitioner also 
requested that a public meeting be held to discuss this matter in the 
Washington, DC area.
    As the basis for the October 20, 2011, request, the petitioner 
raised several concerns, of which 12 were accepted for review by the 
NRC staff by letter dated March 16, 2012 (ADAMS Accession No. 
ML12060A090). These summarized as follows:
    (1) Prior to the approval of restart for North Anna 1 and 2, after 
the earthquake of August 23, 2011, Virginia Electric and Power Company 
(the licensee) should be required to obtain a license amendment from 
the NRC that reanalyzes and reevaluates the plant's design basis for 
earthquakes and for associated necessary retrofits.
    (2) Prior to the approval of restart for North Anna 1 and 2, after 
the earthquake of August 23, 2011, the licensee should be required to 
ensure that North Anna 1 and 2, are subjected to thorough inspections 
of the same level and rigor.
    (3) The licensee should be required to reanalyze and reevaluate the 
North Anna Independent Spent Fuel Storage Installation (lSFSI) due to 
damage caused by the earthquake of August 23, 2011, and ensure that no 
threat is posed to public health and safety by its operation.
    (4) The licensee should ensure the reliability and accuracy of the 
seismic instrumentation at North Anna 1 and 2.
    (5) The NRC staff made hasty decisions about the restart of North 
Anna 1 and 2, and gave priority to economic considerations. The long-
term action plan was not even complete before the NRC staff gave 
authorization to restart.
    (6) Regulatory commitments are an inadequate regulatory tool for 
ensuring that the critical long-term tasks identified in the NRC 
staff's

[[Page 53592]]

confirmatory action letter dated November 11, 2011, are completed.
    (7) The licensee needs to address the possibility of both boildown 
and rapid draindown events at the North Anna 1 and 2, spent fuel pool.
    (8) The long-term storage of spent fuel in the spent fuel pool at 
North Anna 1 and 2, and at the North Anna ISFSI poses challenges to the 
public health and safety.
    (9) ``Hardened on-site storage'' strategies for spent fuel should 
be used at North Anna 1 and 2.
    (10) Concerns exist about the response of North Anna 1 and 2, to a 
prolonged station blackout.
    (11) The current emergency evacuation plans for North Anna 1 and 2, 
need to be revised to reflect the possible need to evacuate a larger 
area than that identified in the current emergency planning zone.
    (12) Concerns exist about damage to the structural integrity of the 
spent fuel pool structure at North Anna 1 and 2, as represented on 
pages 41 and 42 of the NRC staff's technical evaluation for the restart 
of North Anna 1 and 2, dated November 11, 2011.
    On December 12, 2012 and February 2, 2012, the petitioners and the 
licensee met with the NRC staff's petition review board (meeting 
transcripts under ADAMS Accession Nos. ML12033A025 and ML12047A240), 
regarding the petition. These meetings gave the petitioner and the 
licensee an opportunity to provide additional information and to 
clarify issues raised in the petition.
    The NRC staff issued a partial DD on October 19, 2012 (ADAMS 
Accession No. ML12262A156). Twelve of the concerns were accepted for 
review by the NRC staff. As detailed in the partial DD, eight of these 
concerns were closed. The remaining four concerns accepted for review 
were identified as those that may take longer than the target timeframe 
for reaching a decision on a petition based on the fact they were 
undergoing NRC review as part of the agency's response to the Fukushima 
event in Japan.
    Regarding the four remaining concerns, the NRC staff sent a copy of 
the proposed DD to the Petitioners and to the licensee for comment on 
April 17, 2015 (ADAMS Accession Nos. ML14311A616 and ML15061A133, 
respectively). The Petitioners provided comments in a response dated 
May 18, 2015 (ADAMS Accession No. ML15138A277) and the licensee 
provided comments in a response dated May 20, 2015 (ADAMS Accession No. 
ML15147A517). The comments and the NRC staff's response to them are 
included with this director's decision.
    The Director of the Office of Nuclear Reactor Regulation has 
determined that the request to suspend the operating licenses for North 
Anna 1 and 2, until the completion of a set of activities described in 
the petition, be partially granted and partially denied. The reasons 
for this decision are explained in the director's decision DD-15-09 
pursuant to 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 2.206. As provided for 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 21st day of August, 2015.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2015-22048 Filed 9-3-15; 8:45 am]
BILLING CODE 7590-01-P



                                                                              Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices                                            53591

                                                  and Adjudications Staff. Participants                   NUCLEAR REGULATORY                                    SUPPLEMENTARY INFORMATION:       Notice is
                                                  filing a document in this manner are                    COMMISSION                                            hereby given that the Director of the
                                                  responsible for serving the document on                                                                       Office of Nuclear Reactor Regulation has
                                                                                                          [Docket Nos. 50–338 and 50–339; NRC–
                                                  all other participants. Filing is                       2012–0258; License Nos.: NPF–4 and NPF–
                                                                                                                                                                issued a Director’s Decision with regard
                                                  considered complete by first-class mail                 7]                                                    to a petition dated October 20, 2011
                                                  as of the time of deposit in the mail, or                                                                     (ADAMS Accession No. ML11293A116),
                                                  by courier, express mail, or expedited                  North Anna Power Station, Units 1 and                 filed by the petitioners. The petition
                                                  delivery service upon depositing the                    2; Virginia Electric and Power                        was supplemented on November 2, 2011
                                                  document with the provider of the                       Company                                               (ADAMS Accession No. ML11308A027)
                                                  service. A presiding officer, having                                                                          and December 15, 2011 (ADAMS
                                                                                                          AGENCY: Nuclear Regulatory                            Accession No. ML12060A197). The
                                                  granted an exemption request from                       Commission.
                                                  using E-Filing, may require a participant                                                                     petition concerns the operation of the
                                                                                                          ACTION: Director’s Decision under 10                  North Anna Power Station, Units 1 and
                                                  or party to use E-Filing if the presiding               CFR 2.206; issuance.                                  2 (North Anna 1 and 2), by the Virginia
                                                  officer subsequently determines that the
                                                                                                          SUMMARY:   The U.S. Nuclear Regulatory                Electric and Power Company (VEPCO or
                                                  reason for granting the exemption from                                                                        the licensee). The petition requested
                                                  use of E-Filing no longer exists.                       Commission (NRC or the Commission)
                                                                                                          is giving notice that the Director of the             that the NRC suspend the operating
                                                     Documents submitted in adjudicatory                  Office of Nuclear Reactor Regulation has              licenses for North Anna 1 and 2, until
                                                  proceedings will appear in NRC’s                        issued a final Director’s Decision with               the completion of a set of activities
                                                  electronic hearing docket, which is                     regard to a petition dated October 20,                described in the petition. The petitioner
                                                  available to the public at http://                      2011, filed by Paul Gunter et al, herein              also requested that a public meeting be
                                                  ehd.nrc.gov/EHD_Proceeding/home.asp,                    referred to as ‘‘the petitioners.’’                   held to discuss this matter in the
                                                  unless excluded pursuant to an order of                 DATES: September 4, 2015.                             Washington, DC area.
                                                  the Commission, or the presiding                        ADDRESSES: Please refer to Docket ID
                                                                                                                                                                   As the basis for the October 20, 2011,
                                                  officer. Participants are requested not to              NRC–2012–0258 when contacting the                     request, the petitioner raised several
                                                  include personal privacy information,                   NRC about the availability of                         concerns, of which 12 were accepted for
                                                  such as social security numbers, home                   information regarding this document.                  review by the NRC staff by letter dated
                                                  addresses, or home phone numbers in                     You may obtain publicly-available                     March 16, 2012 (ADAMS Accession No.
                                                  their filings, unless an NRC regulation                 information related to this document                  ML12060A090). These summarized as
                                                  or other law requires submission of such                using any of the following methods:                   follows:
                                                  information. With respect to                               • Federal Rulemaking Web site: Go to                  (1) Prior to the approval of restart for
                                                  copyrighted works, except for limited                   http://www.regulations.gov and search                 North Anna 1 and 2, after the
                                                                                                          for Docket ID NRC–2012–0258. Address                  earthquake of August 23, 2011, Virginia
                                                  excerpts that serve the purpose of the
                                                                                                          questions about NRC dockets to Carol                  Electric and Power Company (the
                                                  adjudicatory filings and would
                                                                                                          Gallagher; telephone: 301–415–3463;                   licensee) should be required to obtain a
                                                  constitute a Fair Use application,                                                                            license amendment from the NRC that
                                                  participants are requested not to include               email: Carol.Gallagher@nrc.gov. For
                                                                                                          technical questions, contact the                      reanalyzes and reevaluates the plant’s
                                                  copyrighted materials in their                                                                                design basis for earthquakes and for
                                                                                                          individual listed in the FOR FURTHER
                                                  submission.                                                                                                   associated necessary retrofits.
                                                                                                          INFORMATION CONTACT section of this
                                                     If a person other than the licensee                  document.                                                (2) Prior to the approval of restart for
                                                  requests a hearing, that person shall set                  • NRC’s Agencywide Documents                       North Anna 1 and 2, after the
                                                  forth with particularity the manner in                  Access and Management System                          earthquake of August 23, 2011, the
                                                  which his interest is adversely affected                (ADAMS): You may access publicly                      licensee should be required to ensure
                                                  by this Order and shall address the                     available documents online in the NRC                 that North Anna 1 and 2, are subjected
                                                  criteria set forth in 10 CFR paragraphs                 Library at http://www.nrc.gov/reading-                to thorough inspections of the same
                                                  2.309(d) and (f).                                       rm/adams.html. To begin the search,                   level and rigor.
                                                                                                          select ‘‘ADAMS Public Documents’’ and                    (3) The licensee should be required to
                                                     In the absence of any request for
                                                                                                          then select ‘‘Begin Web-based ADAMS                   reanalyze and reevaluate the North
                                                  hearing, or written approval of an
                                                                                                          Search.’’ For problems with ADAMS,                    Anna Independent Spent Fuel Storage
                                                  extension of time in which to request a                                                                       Installation (lSFSI) due to damage
                                                                                                          please contact the NRC’s Public
                                                  hearing, the provisions specified in                    Document Room (PDR) reference staff at                caused by the earthquake of August 23,
                                                  Section IV above shall be final 20 days                 1–800–397–4209, 301–415–4737, or by                   2011, and ensure that no threat is posed
                                                  from the date of this Order without                     email to PDR.Resource@nrc.gov. The                    to public health and safety by its
                                                  further order or proceedings. If an                     ADAMS accession number for each                       operation.
                                                  extension of time for requesting a                      document (if that document is available                  (4) The licensee should ensure the
                                                  hearing has been approved, the                          in ADAMS) is provided the first time                  reliability and accuracy of the seismic
                                                  provisions specified in Section IV shall                that a document is referenced.                        instrumentation at North Anna 1 and 2.
                                                  be final when the extension expires if a                   • NRC’s PDR: You may examine and                      (5) The NRC staff made hasty
                                                  hearing request has not been received.                  purchase copies of public documents at                decisions about the restart of North
                                                  Dated at Rockville, Maryland this 10th day of           the NRC’s PDR, Room O1–F21, One                       Anna 1 and 2, and gave priority to
                                                                                                          White Flint North, 11555 Rockville
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                       August, 2015.                                                                                            economic considerations. The long-term
                                                  For the Nuclear Regulatory Commission.
                                                                                                          Pike, Rockville, Maryland 20852.                      action plan was not even complete
                                                                                                          FOR FURTHER INFORMATION CONTACT: V.                   before the NRC staff gave authorization
                                                  Catherine Haney, Director,
                                                                                                          Sreenivas, Office of Nuclear Reactor                  to restart.
                                                  Office of Nuclear Material Safety and                   Regulation, U.S. Nuclear Regulatory                      (6) Regulatory commitments are an
                                                  Safeguards.                                             Commission, Washington, DC 20555–                     inadequate regulatory tool for ensuring
                                                  [FR Doc. 2015–21937 Filed 9–3–15; 8:45 am]              0001; telephone: 301–415–2597; email:                 that the critical long-term tasks
                                                  BILLING CODE 7590–01–P                                  V.Sreenivas@nrc.gov.                                  identified in the NRC staff’s


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                                                  53592                       Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices

                                                  confirmatory action letter dated                        NRC staff’s response to them are                      Pursuant to Rule 0–5 under the Act,
                                                  November 11, 2011, are completed.                       included with this director’s decision.               hearing requests should state the nature
                                                     (7) The licensee needs to address the                   The Director of the Office of Nuclear              of the writer’s interest, any facts bearing
                                                  possibility of both boildown and rapid                  Reactor Regulation has determined that                upon the desirability of a hearing on the
                                                  draindown events at the North Anna 1                    the request to suspend the operating                  matter, the reason for the request, and
                                                  and 2, spent fuel pool.                                 licenses for North Anna 1 and 2, until                the issues contested. Persons who wish
                                                     (8) The long-term storage of spent fuel              the completion of a set of activities                 to be notified of a hearing may request
                                                  in the spent fuel pool at North Anna 1                  described in the petition, be partially               notification by writing to the
                                                  and 2, and at the North Anna ISFSI                      granted and partially denied. The                     Commission’s Secretary.
                                                  poses challenges to the public health                   reasons for this decision are explained               ADDRESSES: The Commission: Brent J.
                                                  and safety.                                             in the director’s decision DD–15–09                   Fields, Secretary, U.S. Securities and
                                                     (9) ‘‘Hardened on-site storage’’                     pursuant to Section 2.206 of Title 10 of              Exchange Commission, 100 F Street NE.,
                                                  strategies for spent fuel should be used                the Code of Federal Regulations (10                   Washington, DC 20549–1090.
                                                  at North Anna 1 and 2.                                  CFR) of the Commission’s regulations.                 FOR FURTHER INFORMATION CONTACT:
                                                     (10) Concerns exist about the response                  The NRC will file a copy of the                    Chief Counsel’s Office at (202) 551–
                                                  of North Anna 1 and 2, to a prolonged                   director’s decision with the Secretary of             6821, SEC, Division of Investment
                                                  station blackout.                                       the Commission for the Commission’s                   Management, Chief Counsel’s Office,
                                                     (11) The current emergency                           review in accordance with 10 CFR                      100 F Street NE., Washington, DC
                                                  evacuation plans for North Anna 1 and                   2.206. As provided for by this                        20549–8010.
                                                  2, need to be revised to reflect the                    regulation, the director’s decision will
                                                                                                          constitute the final action of the                    Cornerstone Progressive Return Fund
                                                  possible need to evacuate a larger area
                                                                                                          Commission 25 days after the date of the              [File No. 811–22066]
                                                  than that identified in the current
                                                  emergency planning zone.                                decision, unless the Commission, on its                  Summary: Applicant, a closed-end
                                                     (12) Concerns exist about damage to                  own motion, institutes a review of the                investment company, seeks an order
                                                  the structural integrity of the spent fuel              director’s decision in that time.                     declaring that it has ceased to be an
                                                  pool structure at North Anna 1 and 2,                     Dated at Rockville, Maryland, this 21st day         investment company. Applicant
                                                  as represented on pages 41 and 42 of the                of August, 2015.                                      transferred its assets to Cornerstone
                                                  NRC staff’s technical evaluation for the                  For the Nuclear Regulatory Commission.              Strategic Value Fund, Inc., and on June
                                                  restart of North Anna 1 and 2, dated                    Michele G. Evans,                                     26, 2015, made a distribution to its
                                                  November 11, 2011.                                      Acting Director, Office of Nuclear Reactor            shareholders based on net asset value.
                                                     On December 12, 2012 and February                    Regulation.                                           Expenses of $335,585 incurred in
                                                  2, 2012, the petitioners and the licensee               [FR Doc. 2015–22048 Filed 9–3–15; 8:45 am]            connection with the reorganization were
                                                  met with the NRC staff’s petition review                BILLING CODE 7590–01–P
                                                                                                                                                                paid by applicant and the acquiring
                                                  board (meeting transcripts under                                                                              fund.
                                                  ADAMS Accession Nos. ML12033A025                                                                                 Filing Dates: The application was
                                                  and ML12047A240), regarding the                                                                               filed on June 30, 2015, and amended on
                                                                                                          SECURITIES AND EXCHANGE
                                                  petition. These meetings gave the                                                                             July 30, 2015.
                                                                                                          COMMISSION                                               Applicant’s Address: 48 Wall St.,
                                                  petitioner and the licensee an
                                                  opportunity to provide additional                       [Release No. IC–31800]                                22nd Floor, New York, NY 10005.
                                                  information and to clarify issues raised                Notice of Applications for                            db-X Exchange-Traded Funds Inc. [File
                                                  in the petition.                                        Deregistration Under Section 8(f) of the              No. 811–22001]
                                                     The NRC staff issued a partial DD on                 Investment Company Act of 1940                           Summary: Applicant seeks an order
                                                  October 19, 2012 (ADAMS Accession                                                                             declaring that it has ceased to be an
                                                  No. ML12262A156). Twelve of the                         August 28, 2015.                                      investment company. On May 27, 2015,
                                                  concerns were accepted for review by                      The following is a notice of                        applicant made a liquidating
                                                  the NRC staff. As detailed in the partial               applications for deregistration under                 distribution to its shareholders, based
                                                  DD, eight of these concerns were closed.                section 8(f) of the Investment Company                on net asset value. Expenses of $35,000
                                                  The remaining four concerns accepted                    Act of 1940 for the month of August                   incurred in connection with the
                                                  for review were identified as those that                2015. A copy of each application may be               liquidation were paid by DBX Strategic
                                                  may take longer than the target                         obtained via the Commission’s Web site                Advisors LLC, applicant’s investment
                                                  timeframe for reaching a decision on a                  by searching for the file number, or for              adviser.
                                                  petition based on the fact they were                    an applicant using the Company name                      Filing Date: The application was filed
                                                  undergoing NRC review as part of the                    box, at http://www.sec.gov/search/                    on July 31, 2015.
                                                  agency’s response to the Fukushima                      search.htm or by calling (202) 551–                      Applicant’s Address: 60 Wall St., New
                                                  event in Japan.                                         8090. An order granting each                          York, NY 10005.
                                                     Regarding the four remaining                         application will be issued unless the
                                                  concerns, the NRC staff sent a copy of                  SEC orders a hearing. Interested persons              Principled Equity Market Fund [File
                                                  the proposed DD to the Petitioners and                  may request a hearing on any                          No. 811–8492]
                                                  to the licensee for comment on April 17,                application by writing to the SEC’s                      Summary: Applicant, a closed-end
                                                  2015 (ADAMS Accession Nos.                              Secretary at the address below and                    investment company, seeks an order
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  ML14311A616 and ML15061A133,                            serving the relevant applicant with a                 declaring that it has ceased to be an
                                                  respectively). The Petitioners provided                 copy of the request, personally or by                 investment company. On August 5,
                                                  comments in a response dated May 18,                    mail. Hearing requests should be                      2015, applicant made a final liquidating
                                                  2015 (ADAMS Accession No.                               received by the SEC by 5:30 p.m. on                   distribution to its shareholders, based
                                                  ML15138A277) and the licensee                           September 22, 2015, and should be                     on net asset value. Two shareholders of
                                                  provided comments in a response dated                   accompanied by proof of service on                    record have not received their
                                                  May 20, 2015 (ADAMS Accession No.                       applicants, in the form of an affidavit or,           liquidating distributions because
                                                  ML15147A517). The comments and the                      for lawyers, a certificate of service.                applicant has been unable to locate


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Document Created: 2015-12-15 09:58:04
Document Modified: 2015-12-15 09:58:04
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
ActionDirector's Decision under 10 CFR 2.206; issuance.
DatesSeptember 4, 2015.
ContactV. Sreenivas, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2597; email: [email protected]
FR Citation80 FR 53591 

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