80 FR 8706 - Pacific Gas and Electric Company, Diablo Canyon Power Plant, Units 1 and 2, and Diablo Canyon Independent Spent Fuel Storage Installation
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 32 (February 18, 2015)
Federal Register Volume 80, Issue 32 (February 18, 2015)
| Page Range | 8706-8711 | |
| FR Document | 2015-03384 |
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)] [Notices] [Pages 8706-8711] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03384] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-275, 50-323, and 72-26; NRC-2015-0022] Pacific Gas and Electric Company, Diablo Canyon Power Plant, Units 1 and 2, and Diablo Canyon Independent Spent Fuel Storage Installation AGENCY: Nuclear Regulatory Commission. ACTION: License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License Nos. DPR-80 and DPR-82 and Special Nuclear Materials License No. SNM-2511 issued to Pacific Gas and Electric Company. The NRC proposes to determine that the amendment request involves no significant hazards consideration. In addition, the amendment request contains Sensitive Unclassified Non- Safeguards Information (SUNSI). DATES: Submit comments by March 20, 2015. A request for a hearing must be filed by April 20, 2015. Any potential party as defined in Sec. 2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by March 2, 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-2015-0022. Address questions about NRC dockets to Carol Gallagher; telephone: 301-287- 3422; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12 H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Siva P. Lingam, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1564, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2015-0022 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-2015-0022. 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 [[Page 8707]] document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. 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-2015-0022 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 posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Introduction The NRC is considering issuance of an amendment to Facility Operating License Nos. DPR-80 and DPR-82 and Special Nuclear Materials License No. SNM-2511 issued to Pacific Gas and Electric Company (the licensee) for operation of the Diablo Canyon Power Plant (DCPP), Units 1 and 2, located in San Luis Obispo County, California, and the Diablo Canyon Independent Spent Fuel Storage Installation. By letter dated September 24, 2013 (ADAMS Accession No. ML13268A398), as supplemented by letters dated December 18, 2013 (security-related), and May 15, 2014 (ADAMS Accession No. ML14135A379), the licensee submitted an application for a license amendment request. The licensee is requesting that the Commission grant it preemption authority consistent with the Commission's authority under Section 161A of the Atomic Energy Act of 1954, as amended, (the Act), to authorize the security personnel of designated classes of licensees to possess and use certain firearms, ammunition, and other devices such as large- capacity ammunition feeding devices, notwithstanding Federal, State or local laws prohibiting such possession or use. If the amendment request is granted, the licenses would be modified to reflect the Commission's grant of Section 161A preemption authority. Before issuance of the proposed license amendment, the Commission will have made findings required by the Act, and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Sec. 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? The [proposed license amendment] requests the NRC to exercise its preemption authority under Section 161A of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2201a). The proposed amendment does not involve any physical changes to structures, systems or components. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different accident from any accident previously evaluated? The proposed amendment associated with preemption authority does not create the possibility of a new or different accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? The proposed amendment associated with preemption authority does not impact accident analyses, fission product barriers, or margin of safety. Therefore, the proposed change does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received by March 20, 2015, will be considered in making any final determination. You may submit comments using any of the methods discussed under the ADDRESSES section of this document. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60- day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30- day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. III. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this Federal Register notice, any person whose interest may be affected by this proceeding and who desires to participate as a party in the proceeding must file a written request for hearing or a petition for leave to intervene specifying the contentions which the person seeks to have litigated in the hearing with respect to the license amendment request. Requests for hearing and petitions for leave to intervene shall be filed in accordance with the NRC's ``Agency Rules of Practice and Procedure'' in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the NRC's PDR. The NRC's regulations are accessible electronically from the NRC Library on the NRC's 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 [[Page 8708]] 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 reference to the following general requirements: (1) The name, address, and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The 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's 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. Hearing requests or petitions for leave to intervene must be filed no later than 60 days from the date of publication of this notice. Requests for hearing, petitions for leave to intervene, and motions for leave to file new or amended contentions that are filed after the 60- day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)-(iii). If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of any amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2. IV. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 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, 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 [[Page 8709]] 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. Petitions for leave to intervene must be filed no later than 60 days from the date of publication of this notice. Non-timely filings will not be entertained absent a determination by the presiding officer that the petition or request should be granted or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(iii). Attorney for licensee: Jennifer Post, Esq., Pacific Gas and Electric Company, P.O. Box 7442, San Francisco, California 94120. Acting NRC Branch Chief: Eric R. Oesterle. Pacific Gas and Electric Company, Docket Nos. 50-275, 50-323, and 72- 26, Diablo Canyon Power Plant, Units 1 and 2, San Luis Obispo County, California, and Diablo Canyon Independent Spent Fuel Storage Installation Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing SUNSI. B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request such access. A ``potential party'' is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are [email protected] and [email protected], respectively.\1\ The request must include the following information: --------------------------------------------------------------------------- \1\ While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's ``E-Filing Rule,'' the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. --------------------------------------------------------------------------- (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly-available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and [[Page 8710]] (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order \2\ setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. --------------------------------------------------------------------------- \2\ Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. --------------------------------------------------------------------------- F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information. However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. This provision does not extend the time for filing a request for a hearing and petition to intervene, which must comply with the requirements of 10 CFR 2.309. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and need for access, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been designated to rule on information access issues. H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.\3\ --------------------------------------------------------------------------- \3\ Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. --------------------------------------------------------------------------- I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated at Rockville, Maryland, this 9th day of February, 2015. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. ATTACHMENT 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in this Proceeding ------------------------------------------------------------------------ Day Event/Activity ------------------------------------------------------------------------ 0................................. Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10................................ Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60................................ Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/ requestor reply). 20................................ U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25................................ If NRC staff finds no ``need'' or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ``need'' for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30................................ Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40................................ (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A................................. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3............................. Deadline for filing executed Non- Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. [[Page 8711]] A + 28............................ Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53............................ (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60............................ (Answer receipt +7) Petitioner/ Intervenor reply to answers. >A + 60........................... Decision on contention admission. ------------------------------------------------------------------------ [FR Doc. 2015-03384 Filed 2-17-15; 8:45 am] BILLING CODE 7590-01-P
![8706 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices
Day Event/Activity
0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions
for access requests.
10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: sup-
porting the standing of a potential party identified by name and address; describing the need for the information in order for the
potential party to participate meaningfully in an adjudicatory proceeding.
60 Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation
does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff
makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions
or review of redacted documents).
25 If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to re-
verse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Adminis-
trative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the
proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seek-
ing a ruling to reverse the NRC staff’s grant of access.
30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file
motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for
SUNSI.
A If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sen-
sitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse de-
termination by the NRC staff.
A+3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective
order.
A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain
between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in
the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 Decision on contention admission.
[FR Doc. 2015–03379 Filed 2–17–15; 8:45 am] DATES: Submit comments by March 20, FOR FURTHER INFORMATION CONTACT: Siva
BILLING CODE 7590–01–P 2015. A request for a hearing must be P. Lingam, Office of Nuclear Reactor
filed by April 20, 2015. Any potential Regulation, U.S. Nuclear Regulatory
party as defined in § 2.4 of Title 10 of Commission, Washington DC 20555–
NUCLEAR REGULATORY the Code of Federal Regulations (10 0001; telephone: 301–415–1564, email:
COMMISSION CFR), who believes access to SUNSI is Siva.Lingam@nrc.gov.
necessary to respond to this notice must SUPPLEMENTARY INFORMATION:
[Docket Nos. 50–275, 50–323, and 72–26; request document access by March 2,
2015. I. Obtaining Information and
NRC–2015–0022]
Submitting Comments
ADDRESSES: You may submit comments
Pacific Gas and Electric Company, by any of the following methods (unless A. Obtaining Information
Diablo Canyon Power Plant, Units 1 this document describes a different Please refer to Docket ID NRC–2015–
and 2, and Diablo Canyon Independent method for submitting comments on a 0022 when contacting the NRC about
Spent Fuel Storage Installation specific subject): the availability of information for this
• Federal Rulemaking Web site: Go to action. You may obtain publicly-
AGENCY:Nuclear Regulatory
http://www.regulations.gov and search available information related to this
Commission.
for Docket ID NRC–2015–0022. Address action by any of the following methods:
ACTION: License amendment application; questions about NRC dockets to Carol • Federal Rulemaking Web site: Go to
opportunity to comment, request a Gallagher; telephone: 301–287–3422; http://www.regulations.gov and search
hearing, and petition for leave to email: Carol.Gallagher@nrc.gov. For for Docket ID NRC–2015–0022.
intervene; order. technical questions, contact the • NRC’s Agencywide Documents
individual listed in the FOR FURTHER Access and Management System
SUMMARY: The U.S. Nuclear Regulatory INFORMATION CONTACT section of this (ADAMS): You may obtain publicly-
Commission (NRC) is considering document. available documents online in the
issuance of an amendment to Facility • Mail comments to: Cindy Bladey, ADAMS Public Documents collection at
Operating License Nos. DPR–80 and Office of Administration, Mail Stop: http://www.nrc.gov/reading-rm/
DPR–82 and Special Nuclear Materials OWFN–12 H08, U.S. Nuclear Regulatory adams.html. To begin the search, select
emcdonald on DSK67QTVN1PROD with NOTICES
License No. SNM–2511 issued to Pacific Commission, Washington, DC 20555– ‘‘ADAMS Public Documents’’ and then
Gas and Electric Company. The NRC 0001. select ‘‘Begin Web-based ADAMS
proposes to determine that the For additional direction on obtaining Search.’’ For problems with ADAMS,
amendment request involves no information and submitting comments, please contact the NRC’s Public
significant hazards consideration. In see ‘‘Obtaining Information and Document Room (PDR) reference staff at
addition, the amendment request Submitting Comments’’ in the 1–800–397–4209, 301–415–4737, or by
contains Sensitive Unclassified Non- SUPPLEMENTARY INFORMATION section of email to pdr.resource@nrc.gov. The
Safeguards Information (SUNSI). this document. ADAMS accession number for each
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![Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8707
document referenced (if it is available in devices, notwithstanding Federal, State satisfied. Therefore, the NRC staff
ADAMS) is provided the first time that or local laws prohibiting such proposes to determine that the
it is mentioned in the SUPPLEMENTARY possession or use. If the amendment amendment request involves no
INFORMATION section. request is granted, the licenses would be significant hazards consideration.
• NRC’s PDR: You may examine and modified to reflect the Commission’s The Commission is seeking public
purchase copies of public documents at grant of Section 161A preemption comments on this proposed
the NRC’s PDR, Room O1–F21, One authority. determination. Any comments received
White Flint North, 11555 Rockville Before issuance of the proposed by March 20, 2015, will be considered
Pike, Rockville, Maryland 20852. license amendment, the Commission in making any final determination. You
will have made findings required by the may submit comments using any of the
B. Submitting Comments
Act, and the Commission’s regulations. methods discussed under the
Please include Docket ID NRC–2015– The Commission has made a ADDRESSES section of this document.
0022 in your comment submission. proposed determination that the Normally, the Commission will not
The NRC cautions you not to include amendment request involves no issue the amendment until the
identifying or contact information that significant hazards consideration. Under expiration of 60 days after the date of
you do not want to be publicly the Commission’s regulations in § 50.92, publication of this notice. The
disclosed in your comment submission. this means that operation of the facility Commission may issue the license
The NRC posts all comment in accordance with the proposed amendment before expiration of the 60-
submissions at http:// amendment would not (1) involve a day period provided that its final
www.regulations.gov as well as entering significant increase in the probability or determination is that the amendment
the comment submissions into ADAMS. consequences of an accident previously involves no significant hazards
The NRC does not routinely edit evaluated; or (2) create the possibility of consideration. In addition, the
comment submissions to remove a new or different kind of accident from Commission may issue the amendment
identifying or contact information. any accident previously evaluated; or prior to the expiration of the 30-day
If you are requesting or aggregating (3) involve a significant reduction in a comment period should circumstances
comments from other persons for margin of safety. As required by 10 CFR change during the 30-day comment
submission to the NRC, then you should 50.91(a), the licensee has provided its period such that failure to act in a
inform those persons not to include analysis of the issue of no significant timely way would result, for example,
identifying or contact information that hazards consideration, which is in derating or shutdown of the facility.
they do not want to be publicly presented below: Should the Commission take action
disclosed in their comment submission. 1. Does the proposed change involve prior to the expiration of either the
Your request should state that the NRC a significant increase in the probability comment period or the notice period, it
does not routinely edit comment or consequences of an accident will publish in the Federal Register a
submissions to remove such information previously evaluated? notice of issuance. Should the
before making the comment The [proposed license amendment] Commission make a final No Significant
submissions available to the public or requests the NRC to exercise its Hazards Consideration Determination,
entering the comment submissions into preemption authority under Section any hearing will take place after
ADAMS. 161A of the Atomic Energy Act of 1954, issuance. The Commission expects that
as amended (42 U.S.C. 2201a). The the need to take this action will occur
II. Introduction
proposed amendment does not involve very infrequently.
The NRC is considering issuance of an any physical changes to structures,
amendment to Facility Operating III. Opportunity To Request a Hearing
systems or components. and Petition for Leave To Intervene
License Nos. DPR–80 and DPR–82 and Therefore, the proposed change does
Special Nuclear Materials License No. not involve a significant increase in the Within 60 days after the date of
SNM–2511 issued to Pacific Gas and probability or consequences of an publication of this Federal Register
Electric Company (the licensee) for accident previously evaluated. notice, any person whose interest may
operation of the Diablo Canyon Power 2. Does the proposed change create be affected by this proceeding and who
Plant (DCPP), Units 1 and 2, located in the possibility of a new or different desires to participate as a party in the
San Luis Obispo County, California, and accident from any accident previously proceeding must file a written request
the Diablo Canyon Independent Spent evaluated? for hearing or a petition for leave to
Fuel Storage Installation. The proposed amendment associated intervene specifying the contentions
By letter dated September 24, 2013 with preemption authority does not which the person seeks to have litigated
(ADAMS Accession No. ML13268A398), create the possibility of a new or in the hearing with respect to the
as supplemented by letters dated different accident from any accident license amendment request. Requests
December 18, 2013 (security-related), previously evaluated. for hearing and petitions for leave to
and May 15, 2014 (ADAMS Accession 3. Does the proposed change involve intervene shall be filed in accordance
No. ML14135A379), the licensee a significant reduction in a margin of with the NRC’s ‘‘Agency Rules of
submitted an application for a license safety? Practice and Procedure’’ in 10 CFR part
amendment request. The licensee is The proposed amendment associated 2. Interested person(s) should consult a
requesting that the Commission grant it with preemption authority does not current copy of 10 CFR 2.309, which is
preemption authority consistent with impact accident analyses, fission available at the NRC’s PDR. The NRC’s
emcdonald on DSK67QTVN1PROD with NOTICES
the Commission’s authority under product barriers, or margin of safety. regulations are accessible electronically
Section 161A of the Atomic Energy Act Therefore, the proposed change does from the NRC Library on the NRC’s Web
of 1954, as amended, (the Act), to not involve a significant reduction in a site at http://www.nrc.gov/reading-rm/
authorize the security personnel of margin of safety. doc-collections/cfr/.
designated classes of licensees to The NRC staff has reviewed the As required by 10 CFR 2.309, a
possess and use certain firearms, licensee’s analysis and, based on this request for hearing or petition for leave
ammunition, and other devices such as review, it appears that the three to intervene must set forth with
large-capacity ammunition feeding standards of 10 CFR 50.92(c) are particularity the interest of the
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![Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8711
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO
SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day Event/Activity
A + 28 .. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain
between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in
the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
A + 53 .. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 .. (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 Decision on contention admission.
[FR Doc. 2015–03384 Filed 2–17–15; 8:45 am] A request for a hearing or petition for site-help/e-submittals.html. To ensure
BILLING CODE 7590–01–P leave to intervene may be filed within timely electronic filing, at least five days
thirty days after publication of this prior to the filing deadline, the
notice in the Federal Register (FR). Any petitioner/requestor should contact the
NUCLEAR REGULATORY request for hearing or petition for leave Office of the Secretary by email at
COMMISSION to intervene shall be served by the HEARINGDOCKET@NRC.GOV, or by
requestor or petitioner upon the calling (301) 415–1677, to request a
Application for a License To Export applicant, the Office of the General
High-Enriched Uranium digital ID certificate and allow for the
Counsel, U.S. Nuclear Regulatory creation of an electronic docket.
Pursuant to Title 10 of the Code of Commission, Washington, DC 20555;
the Secretary, U.S. Nuclear Regulatory In addition to a request for hearing or
Federal Regulations (10 CFR) 110.70 (b) petition for leave to intervene, written
‘‘Public Notice of Receipt of an Commission, Washington, DC 20555;
and the Executive Secretary, U.S. comments, in accordance with 10 CFR
Application,’’ please take notice that the
Department of State, Washington, DC 110.81, should be submitted within
U.S. Nuclear Regulatory Commission
20520. thirty days after publication of this
(NRC) has received the following
request for an export license. Copies of A request for a hearing or petition for notice in the FR to Office of the
the request are available electronically leave to intervene may be filed with the Secretary, U.S. Nuclear Regulatory
through the Agencywide Documents NRC electronically in accordance with Commission, Washington, DC 20555,
Access and Management System and NRC’s E-Filing rule promulgated in Attention: Rulemaking and
can be accessed through the Public August 2007, 72 FR 49139; August 28, Adjudications.
Electronic Reading Room link http:// 2007. Information about filing The information concerning this
www.nrc.gov/reading-rm.html at the electronically is available on the NRC’s application for an export license
NRC Homepage. public Web site at http://www.nrc.gov/ follows.
NRC EXPORT LICENSE APPLICATION
Description of material
Name of applicant, date of application, date Destination
received, application No., docket No. Material type Total quantity End use
DOE/NNSA—Y–12 National Security Com- High-Enriched Ura- 121.1 kg uranium-235 To fabricate fuel at France.
plex, December 18, 2014, December 23, nium (93.20%). contained in 130.0 AREVA CERCA in
2014, XSNM3757, 11006187. kg uranium. France for ultimate
use in reactor fuel
reload at the High
Flux Reactor in
France.
Dated this 10th day of February, 2015 at NUCLEAR REGULATORY www.nrc.gov/reading-rm.html at the
Rockville, Maryland. COMMISSION NRC Homepage.
For the U.S. Nuclear Regulatory
A request for a hearing or petition for
Commission. Application for a License To Export
leave to intervene may be filed within
Mugeh Afshar-Tous, High-Enriched Uranium
thirty days after publication of this
Acting Deputy Director, Office of notice in the Federal Register (FR). Any
International Programs. Pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) 110.70(b) request for hearing or petition for leave
[FR Doc. 2015–03376 Filed 2–17–15; 8:45 am] to intervene shall be served by the
‘‘Public Notice of Receipt of an
BILLING CODE 7590–01–P
Application,’’ please take notice that the requestor or petitioner upon the
emcdonald on DSK67QTVN1PROD with NOTICES
U.S. Nuclear Regulatory Commission applicant, the Office of the General
(NRC) has received the following Counsel, U.S. Nuclear Regulatory
request for an export license. Copies of Commission, Washington, DC 20555;
the request are available electronically the Secretary, U.S. Nuclear Regulatory
through the Agencywide Documents Commission, Washington, DC 20555;
Access and Management System and and the Executive Secretary, U.S.
can be accessed through the Public Department of State, Washington, DC
Electronic Reading Room link http:// 20520.
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Document Created: 2018-02-16 11:10:18
Document Modified: 2018-02-16 11:10:18
| 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 | License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order. | |
| Dates | Submit comments by March 20, 2015. A request for a hearing must be filed by April 20, 2015. Any potential party as defined in Sec. 2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by March 2, 2015. | |
| Contact | Siva P. Lingam, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1564, email: [email protected] | |
| FR Citation | 80 FR 8706 |
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