81_FR_2257 81 FR 2247 - In the Matter of Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, and James A. Fitzpatrick Nuclear Power Plant; Exelon Generation Company, LLC, Nine Mile Point Nuclear Station, Units 1 and 2, and R.E. Ginna Nuclear Power Plant; Pacific Gas and Electric Company, Diablo Canyon Power Plant, Units 1 and 2; and Southern California Edison Company, San Onofre Nuclear Generating Station, Units 2 and 3, including Independent Spent Fuel Storage Installations for All Facilities

81 FR 2247 - In the Matter of Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, and James A. Fitzpatrick Nuclear Power Plant; Exelon Generation Company, LLC, Nine Mile Point Nuclear Station, Units 1 and 2, and R.E. Ginna Nuclear Power Plant; Pacific Gas and Electric Company, Diablo Canyon Power Plant, Units 1 and 2; and Southern California Edison Company, San Onofre Nuclear Generating Station, Units 2 and 3, including Independent Spent Fuel Storage Installations for All Facilities

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range2247-2261
FR Document2016-00720

The U.S. Nuclear Regulatory Commission (NRC) is authorizing the licensees to transfer, receive, possess, transport, import, and use certain firearms and large-capacity ammunition feeding devices not previously permitted to be owned or possessed under Commission authority, notwithstanding certain local, State, or Federal firearms laws, including regulations that prohibit such actions, as reflected in the confirmatory orders for the nuclear plant facilities listed above.

Federal Register, Volume 81 Issue 10 (Friday, January 15, 2016)
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2247-2261]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00720]


=======================================================================
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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-003, 50-247, 50-286, 72-51, 50-333, 72-12, 50-220, 50-
410, 72-1036, 50-244, 72-67, 50-275, 50-323, 72-26, 50-361, 50-362, and 
72-41; EA-14-137, EA-14-135, EA-14-136, EA-14-138, EA-14-139, EA-14-
134, and EA-14-140; NRC-2016-0007]


In the Matter of Entergy Nuclear Operations, Inc., Indian Point 
Nuclear Generating Unit Nos. 1, 2, and 3, and James A. Fitzpatrick 
Nuclear Power Plant; Exelon Generation Company, LLC, Nine Mile Point 
Nuclear Station, Units 1 and 2, and R.E. Ginna Nuclear Power Plant; 
Pacific Gas and Electric Company, Diablo Canyon Power Plant, Units 1 
and 2; and Southern California Edison Company, San Onofre Nuclear 
Generating Station, Units 2 and 3, including Independent Spent Fuel 
Storage Installations for All Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is authorizing 
the licensees to transfer, receive, possess, transport, import, and use 
certain firearms and large-capacity ammunition feeding devices not 
previously permitted to be owned or possessed under Commission 
authority, notwithstanding certain local, State, or Federal firearms 
laws, including regulations that prohibit such actions, as reflected in 
the confirmatory orders for the nuclear plant facilities listed above.

DATES: Each confirmatory order was issued to the licensees on January 
5, 2016. The effective dates are reflected in the attached orders.

ADDRESSES: Please refer to Docket ID: NRC-2016-0007 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-2016-0007. 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 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]. 
Orders EA-14-135, EA-14-136, EA-14-137, EA-14-138, EA-14-139, EA-14-
134, and EA-14-140 are available in ADAMS under Accession Nos. 
ML15176A264, ML15176A028, ML15176A306, ML15176A256, ML15174A020, and 
ML15174A102, respectively.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

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: The text of each Order is attached.

    Dated at Rockville, Maryland, this 7th day of January 2016.
    For the Nuclear Regulatory Commission.
Anne T. Boland,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Entergy Nuclear Operations, Inc., Entergy Nuclear 
Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC

(Indian Point Nuclear Generating Unit Nos. 1, 2, and 3)

Docket Nos. 50-003, 50-247, 50-286, AND 72-51

License Nos. DPR-5, DPR-26, and DPR-64

EA-14-135 and EA-14-136

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Entergy Nuclear Indian Point 2, LLC, is the owner of Indian Point 
Nuclear Generating Unit Nos. 1 and 2; Entergy Nuclear Indian Point 3, 
LLC, is the owner of Indian Point Nuclear Generating Unit No. 3, and 
Entergy Nuclear Operations, Inc. (``Entergy'' or ``the licensee'') is 
the operator of Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, 
including the general-licensed Independent Spent Fuel Storage 
Installation (hereinafter ``Indian Point'' or ``the facility''), and 
holder of Provisional Operating License No. DPR-5, Facility Operating 
License Nos. DPR-26 and DPR-64, and Docket No. 72-51 issued by the U.S. 
Nuclear Regulatory Commission (``NRC'' or ``Commission'') under Title 
10, ``Energy,'' of the Code of Federal Regulations (10 CFR) Part 50, 
``Domestic Licensing of Production and Utilization Facilities''; Part 
70, ``Domestic Licensing of Special Nuclear Material''; and Part 72, 
``Licensing Requirements for the Independent Storage of Spent Nuclear 
Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than 
Class C Waste.'' The licenses authorize the operation of Indian Point 
with the conditions specified therein. The facilities are located on 
the owner's site in Westchester County, New York.

II.

    By application dated August 20, 2013 as supplemented by letters 
dated November 21, 2013, and May 13 and July 24, 2014, and citing 
letters dated April 27 and October 27, 2011, and January 4, 2012, 
Entergy requested, under Commission Order EA-13-092, that under the 
provisions of Section 161A of the Atomic Energy Act of 1954, as 
amended, the Commission permit the transfer, receipt, possession, 
transport, import, and use of certain firearms and large-capacity 
ammunition-feeding devices by security personnel who protect a facility 
owned or operated by a licensee or certificate holder of the Commission 
that is designated by the Commission. Section 161A confers on the 
Commission the authority to permit a licensee's security personnel to 
possess and use firearms, ammunition or devices, notwithstanding local, 
State, and certain Federal firearms laws (including regulations) that 
may prohibit such possession and use.
    On review of the Entergy application for Commission authorization 
to use Section 161A preemption authority at Indian Point, the NRC staff 
has found the following:

[[Page 2248]]

    (1) Entergy's application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials'';
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section161A preemption 
authority are consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings, set forth above, are supported by an NRC staff safety 
evaluation under Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML14259A209.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the licenses for Indian Point must be 
modified to include provisions with respect to the Commission 
authorization to use Section 161A preemption authority as identified in 
Section II of this confirmatory order. The requirements needed to 
exercise the foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); and in 10 
CFR 72.212(b)(9), ``Conditions of the General License Issued Under 
Sec.  72.210,'' and portions of 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for general-license independent spent 
fuel storage installations co-located with a reactor at the reactor 
site).
    On January 16, 2015, Entergy consented to the issuance of this 
order. The licensee further agreed that this order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The Entergy application for Commission authorization to use 
Section 161A preemption authority at Indian Point is approved and 
permission for security personnel to possess and use weapons, devices, 
ammunition, or other firearms, notwithstanding local, State, and 
certain Federal firearms laws (including regulations) that may prohibit 
such possession and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices to 10 CFR part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation (NRR), and the Director, Office of Nuclear Material Safety 
and Safeguards (NMSS) may take action to relax or rescind any or all of 
the requirements set forth in this confirmatory order.
    The Director, NRR, and the Director, NMSS, may, in writing, relax 
or rescind this confirmatory order on demonstration by the licensee of 
good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML14259A209), which is available for public 
inspection at the Commission's Public Document Room (PDR) located at 
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents stored in ADAMS should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by 
email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    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 before 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 E-Filing rule (published at 72 
FR 49139 on 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, the 
participant should contact the Office of the Secretary (at least 10 
days before the

[[Page 2249]]

filing deadline) by email to [email protected] or by telephone at 
(301) 415-1677 to (1) request a digital ID certificate, which allows 
the participants (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 on 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 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 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 to file 
documents, but should note that the NRC's E-Filing system does not 
support unlisted software and that 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 Web-based online submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC 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 
Portable Document Format (PDF) documents in accordance with NRC 
guidance available on the NRC 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. On 
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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency'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 Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to (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, MD 
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 on 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, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding officer. Participants are requested not 
to include personally private 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. 
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.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

/RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

/RA/

Scott W. Moore,

Acting Director, Office of Nuclear Material Safety and Safeguards.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Entergy Nuclear FitzPatrick, LLC, and Entergy Nuclear 
Operations, Inc. (James A. Fitzpatrick Nuclear Power Plant)

Docket Nos. 50-333 and 72-12

License No. DPR-59

EA-14-137


[[Page 2250]]



CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Entergy Nuclear FitzPatrick, LLC, is the owner and Entergy Nuclear 
Operations, Inc. (``Entergy'' or ``the licensee'') is the operator of 
the James A. Fitzpatrick Nuclear Power Plant, including the general-
licensed Independent Spent Fuel Storage Installation (hereinafter 
``JAFNPP'' or ``the facility''), and holder of Provisional Renewed 
Facility Operating License No. DPR-59 and Docket No. 72-12 issued by 
the U.S. Nuclear Regulatory Commission (``NRC'' or ``Commission'') 
under Title 10, ``Energy,'' of the Code of Federal Regulations (10 CFR) 
Part 50, ``Domestic Licensing of Production and Utilization 
Facilities''; Part 70, ``Domestic Licensing of Special Nuclear 
Material''; and Part 72, ``Licensing Requirements for the Independent 
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and 
Reactor-Related Greater Than Class C Waste.'' The license authorizes 
the operation of JAFNPP with the conditions specified therein. The 
facility is located on the owner's site in Oswego County, New York.

II.

    By application dated August 30, 2013, as supplemented by letters 
dated November 12, 2013, and May 14 and July 11, 2014, Entergy 
requested, under Commission Order EA-13-092, that under the provisions 
of Section 161A of the Atomic Energy Act of 1954, as amended, the 
Commission permit the transfer, receipt, possession, transport, import, 
and use of certain firearms and large-capacity ammunition-feeding 
devices by security personnel who protect a facility owned or operated 
by a licensee or certificate holder of the Commission that is 
designated by the Commission. Section 161A confers on the Commission 
the authority to permit a licensee's security personnel to possess and 
use firearms, ammunition or devices, notwithstanding local, State, and 
certain Federal firearms laws (including regulations) that may prohibit 
such possession and use.
    On review of the Entergy application for Commission authorization 
to use Section 161A preemption authority at JAFNPP, the NRC staff has 
found the following:
    (1) Entergy's application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials'';
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority are consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings, set forth above, are supported by an NRC staff safety 
evaluation under Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML14259A164.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the license for JAFNPP must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); and in 10 
CFR 72.212(b)(9), ``Conditions of the General License Issued Under 
Sec.  72.210,'' and portions of 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for general-license independent spent 
fuel storage installations co-located with a reactor at the reactor 
site).
    On January 15, 2015, Entergy consented to the issuance of this 
order. The licensee further agreed that this order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The Entergy application for Commission authorization to use 
Section 161A preemption authority at JAFNPP is approved and permission 
for security personnel to possess and use weapons, devices, ammunition, 
or other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices to 10 CFR part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation (NRR) may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Director, NRR, may, in writing, relax or rescind this 
confirmatory order on demonstration by the licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML14259A164), which is available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File

[[Page 2251]]

Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available documents created or received at the NRC are 
accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents stored in 
ADAMS should contact the NRC PDR reference staff by telephone at 1-800-
397-4209 or 301-415-4737, or by email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    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 before 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 E-Filing rule (published at 72 
FR 49139, on 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, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to [email protected] or 
by telephone at (301) 415-1677 to (1) request a digital ID certificate, 
which allows the participants (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 on 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 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 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 to file 
documents, but should note that the NRC's E-Filing system does not 
support unlisted software and that 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 Web-based online submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC 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 
Portable Document Format (PDF) documents in accordance with NRC 
guidance available on the NRC 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. On 
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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency'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 Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to (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, MD 
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 on 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, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding

[[Page 2252]]

officer. Participants are requested not to include personally private 
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. 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.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

    /RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Exelon Generation Company, LLC (Nine Mile Point 
Nuclear Station, Units 1 and 2)

Docket Nos. 50-220, 50-410, and 72-1036

License Nos. DPR-63 and NPF-69

EA-14-138

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Exelon Generation Company, LLC (Exelon, or the licensee) is the 
owner and operator of Nine Mile Point Nuclear Station, Units 1 and 2, 
including the general-licensed Independent Spent Fuel Storage 
Installation (hereinafter NMPNS or the facility), and holder of 
Provisional Facility Operating Licenses Nos. DPR-63, NPR-69, and Docket 
No. 72-1036 issued by the U.S. Nuclear Regulatory Commission (NRC or 
Commission) under Title 10 ``Energy,'' of the Code of Federal 
Regulations (10 CFR) Part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' Part 70, ``Domestic Licensing of Special 
Nuclear Material;'' and Part 72, ``Licensing Requirements for the 
Independent Storage of Spent Nuclear Fuel, High-Level Radioactive 
Waste, and Reactor-Related Greater Than Class C Waste.'' The licenses 
authorize the operation of NMPNS with the conditions specified therein. 
The facility is located on the owner's site in Oswego County, New York.

II.

    By application dated August 14, 2013, as supplemented by letters 
dated September 10, 2013, and May 14, 2014, Exelon requested, under 
Commission Order EA-13-092, that under the provisions of Section 161A 
of the Atomic Energy Act of 1954, as amended, the Commission permit the 
transfer, receipt, possession, transport, import, and use of certain 
firearms and large-capacity ammunition-feeding devices by security 
personnel who protect a facility owned or operated by a licensee or 
certificate holder of the Commission that is designated by the 
Commission. Section 161A confers on the Commission the authority to 
permit a licensee's security personnel to possess and use firearms, 
ammunition or devices, notwithstanding local, State, and certain 
Federal firearms laws (including regulations) that may prohibit such 
possession and use.
    On review of the Exelon application for Commission authorization to 
use Section 161A preemption authority at NMPNS, the NRC staff has found 
the following:
    (1) The Exelon application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials'';
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority are consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings set forth above are supported by an NRC staff safety 
evaluation under Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML14254A450.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the license for NMPNS must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); and in 10 
CFR 72.212(b)(9), ``Conditions of the General License Issued Under 
Sec.  72.210,'' and portions of 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for general-license independent spent 
fuel storage installations co-located with a reactor at the reactor 
site).
    On January 16, 2015, Exelon consented to the issuance of this 
order. The licensee further agreed that this order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR

[[Page 2253]]

part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The Exelon application for Commission authorization to use 
Section 161A preemption authority at NMPNS is approved and permission 
for security personnel to possess and use weapons, devices, ammunition, 
or other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices to 10 CFR part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation (NRR), may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Director, NRR, may, in writing, relax or rescind this 
confirmatory order on demonstration by the licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML14254A450), which is available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents stored in ADAMS should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by 
email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    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 before 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 E-Filing rule (published at 72 
FR 49139, on 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, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to [email protected] or 
by telephone at (301) 415-1677 to (1) request a digital ID certificate, 
which allows the participants (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 on 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 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 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 to file 
documents, but should note that the NRC's E-Filing system does not 
support unlisted software and that 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 Web-based online submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC 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 
Portable Document Format (PDF) documents in accordance with NRC 
guidance available on the NRC 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. On 
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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by

[[Page 2254]]

contacting the NRC Meta System Help Desk through the ``Contact Us'' 
link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free 
call to (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, MD 
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 on 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, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding officer. Participants are requested not 
to include personally private 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. 
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.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

    /RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Exelon Generation Company, LLC (R.E. Ginna Nuclear 
Power Plant)

Docket Nos. 50-244 and 72-67

License No. DPR-18

EA-14-139

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Exelon Generation Company, LLC (Exelon, or the licensee) is the 
owner and operator of R.E. Ginna Nuclear Power Plant (Ginna), including 
the general-licensed Independent Spent Fuel Storage Installation 
(hereinafter Ginna or the facility), and holder of Provisional Renewed 
Facility Operating Licenses No. DPR-18 and Docket No. 72-67 issued by 
the U.S. Nuclear Regulatory Commission (NRC or Commission) under Title 
10, ``Energy,'' of the Code of Federal Regulations (10 CFR) Part 50, 
``Domestic Licensing of Production and Utilization Facilities,'' Part 
70, ``Domestic Licensing of Special Nuclear Material;'' and Part 72, 
``Licensing Requirements for the Independent Storage of Spent Nuclear 
Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than 
Class C Waste.'' The license authorizes the operation of Ginna with the 
conditions specified therein. The facility is located on the owner's 
site in Wayne County, New York.

II.

    By application dated August 14, 2013, as supplemented by letters 
dated November 4, 2013, and May 14, 2014, Exelon requested, under 
Commission Order (EA-13-092), that under the provisions of Section 161A 
of the Atomic Energy Act of 1954, as amended, the Commission permit the 
transfer, receipt, possession, transport, import, and use of certain 
firearms and large capacity ammunition feeding devices, by security 
personnel who protect a facility owned or operated by a licensee or 
certificate holder of the Commission that is designated by the 
Commission. Section 161A confers on the Commission the authority to 
permit a licensee's security personnel to possess and use firearms, 
ammunition or devices, notwithstanding local, State, and certain 
Federal firearms laws (including regulations) that may prohibit such 
possession and use.
    On review of the Exelon application for Commission authorization to 
use Section 161A preemption authority at Ginna, the NRC staff has found 
the following:
    (1) The Exelon application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials;''
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority are consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings, set forth above, are supported by an NRC staff safety 
evaluation under Agencywide

[[Page 2255]]

Documents Access and Management System (ADAMS) Accession No. 
ML14260A166.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the license for Ginna, must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); and in 10 
CFR 72.212(b)(9), ``Conditions of the General License Issued Under 
Sec.  72.210,'' and portions of 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for general-license independent spent 
fuel storage installations co-located with a reactor at the reactor 
site).
    On January 16, 2015, Exelon consented to the issuance of this 
order. The licensee further agreed that this order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The Exelon application for Commission authorization to use 
Section 161A preemption authority at Ginna is approved and permission 
for security personnel to possess and use weapons, devices, ammunition, 
or other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices to 10 CFR part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation (NRR) may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Director, NRR, may, in writing, relax or rescind this 
confirmatory order on demonstration by the licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession Nos. ML14260A166 and ML14260A151), which is 
available for public inspection at the Commission's Public Document 
Room (PDR), located at One White Flint North, Public File Area 01 F21, 
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly 
available documents created or received at the NRC are accessible 
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents stored in ADAMS should 
contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 
301-415-4737, or by email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    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 before 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 E-Filing rule (published at 72 
FR 49139, on 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, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to [email protected] or 
by telephone at (301) 415-1677 to (1) request a digital ID certificate, 
which allows the participants (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 on 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 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 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 to file 
documents, but should note that the NRC's E-Filing system does not 
support unlisted software and that 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

[[Page 2256]]

accordance with the E-Filing rule, the participant must file the 
document using the NRC's Web-based online submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC 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 
Portable Document Format (PDF) documents in accordance with NRC 
guidance available on the NRC 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. On 
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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency'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 Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to (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, MD 
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 on 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, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding officer. Participants are requested not 
to include personally private 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. 
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.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

/RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Pacific Gas and Electric Company (Diablo Canyon 
Nuclear Power Plant, Units 1 and 2, and DCPP Independent Spent Fuel 
Storage Installation)

Docket Nos. 50-275, 50-323, and 72-26

License Nos. DPR-80, DPR-82, and SNM-2511

EA-14-140

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Pacific Gas and Electric Company (PG&E), is the owner and operator 
of Diablo Canyon Nuclear Power Plant Units 1 and 2, including the 
specific-license Independent Spent Fuel Storage Installation 
(hereinafter ``DCNPP'' or ``the facility''), and holder of Facility 
Operating License Nos. DPR-80, DPR-82, and SNM-2511 issued by the U.S. 
Nuclear Regulatory Commission (``NRC'' or ``Commission'') under Title 
10, ``Energy,'' of the Code of Federal Regulations (10 CFR) Part 50, 
``Domestic Licensing of Production and Utilization Facilities''; Part 
70, ``Domestic Licensing of Special Nuclear Material''; and Part 72, 
``Licensing Requirements for the Independent Storage of Spent Nuclear 
Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than 
Class C Waste.'' The licenses authorize the operation of DCNPP with the 
conditions specified therein. The facilities are located on the owner's 
site in San Luis Obispo County, California.

II.

    By application dated September 24, 2013 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML13268A398), as 
supplemented by letters dated December 18, 2013 (security-related), May 
15, 2014 (ADAMS Accession No. ML14135A379), and March 26, 2015 (ADAMS 
Accession No. ML15090A278), PG&E requested, under Commission Order EA-
13-092, that under the provisions of Section 161A of the Atomic Energy 
Act of 1954, as amended, the Commission permit the transfer,

[[Page 2257]]

receipt, possession, transport, import, and use of certain firearms and 
large-capacity ammunition-feeding devices by security personnel who 
protect a facility owned or operated by a licensee or certificate 
holder of the Commission that is designated by the Commission. Section 
161A confers on the Commission the authority to permit a licensee's 
security personnel to possess and use firearms, ammunition, or devices, 
notwithstanding State, local, and certain Federal firearms laws that 
may prohibit such possession and use.
    On review of the PG&E application for Commission authorization to 
use Section 161A Preemption authority at DCNPP, the NRC staff has found 
the following:
    (1) PG&E's application complies with the standards and requirements 
of Section 161A and the Commission's rules and regulations set forth in 
10 CFR part 73, ``Physical Protection of Plants and Materials,''
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission,
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority is consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order,
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public, and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings set forth above are supported by an NRC staff safety 
evaluation under Accession Number ML15029A249.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the licenses for DCNPP must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors) and 10 CFR 
73.55, ``Requirements for Physical Protection of Licensed Activities in 
Nuclear Power Reactors against Radiological Sabotage'' (for specific-
license independent spent fuel storage installations co-located with a 
reactor at the reactor site).
    On March 26, 2015, PG&E consented to the issuance of this order. 
The licensee further agreed that this order will be effective 20 days 
after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The PG&E application for Commission authorization to use Section 
161A preemption authority at DCNPP is approved, and permission for 
security personnel to possess and use weapons, devices, ammunition, or 
other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73 
(including the related appendices) will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation, and the Director, Office of Nuclear Material Safety and 
Safeguards may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Directors of the Office of Nuclear Reactor Regulation and the 
Office of Nuclear Materials Safety and Safeguards may, in writing, 
relax or rescind this confirmatory order on demonstration by the 
licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML15029A249), which is available for public 
inspection at the Commission's Public Document Room (PDR) located at 
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents stored in ADAMS should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by 
email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    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 before 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

[[Page 2258]]

NRC E-Filing rule (published at 72 FR 49139 on 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, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to [email protected] or 
by telephone at 301-415-1677 to (1) request a digital identification 
(ID) certificate, which allows the participant (or his or her 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 his or her counsel or representative, already holds an 
NRC-issued digital ID certificate). Based on 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 to file 
documents, but they should note that the NRC's E-Filing system does not 
support unlisted software and that 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 Web-based online submission form. To serve 
documents through the Electronic Information Exchange, users will be 
required to install a Web browser plug-in from the NRC 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 
Portable Document Format (PDF) documents in accordance with NRC 
guidance available on the NRC 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. On 
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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency'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 Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to (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, 16th Floor, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 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 on 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, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding officer. Participants are requested not 
to include personally private 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. 
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.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

    /RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

    /RA/

Scott W. Moore,

Acting Director, Office of Nuclear Material Safety and Safeguards.

[[Page 2259]]

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Southern California Edison Company (San Onofre Nuclear 
Generating Station, Units 2 and 3, and Independent Spent Fuel Storage 
Installation)

Docket Nos. 50-361, 50-362, and 72-41

License Nos. NPF-10 and NPF-15

EA-14-140

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Southern California Edison Company (SCE), is the owner and operator 
of the San Onofre Nuclear Generating Station, Units 2 and 3, including 
the general-license Independent Spent Fuel Storage Installation 
(hereinafter ``SONGS'' or ``the facility''), and holder of Facility 
Operating License Nos. NPF-10, NPF-15, and Docket No. 72-41, issued by 
the U.S. Nuclear Regulatory Commission (``NRC'' or ``Commission'') 
under Title 10, ``Energy,'' of the Code of Federal Regulations (10 CFR) 
Part 50, ``Domestic Licensing of Production and Utilization 
Facilities''; Part 70, ``Domestic Licensing of Special Nuclear 
Material''; and Part 72, ``Licensing Requirements for the Independent 
Storage of Spent Fuel, High-Level Radioactive Waste, and Reactor-
Related Greater Than Class C Waste.'' The licenses authorize the 
operation of SONGS with the conditions specified therein. The 
facilities are located on the owner's site in San Diego County, 
California.

II.

    By application dated August 28, 2013 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML13242A277), as 
supplemented by letters dated December 31, 2013 (ADAMS Accession No. 
ML14007A496), May 15, 2014 (ADAMS Accession No. ML14139A424), and 
February 10, 2015 (ADAMS Accession No. ML15044A047), SCE requested, 
under Commission Order EA-13-092, that under the provisions of Section 
161A of the Atomic Energy Act of 1954, as amended, the Commission 
permit the transfer, receipt, possession, transport, import, and use of 
certain firearms and large-capacity ammunition-feeding devices by 
security personnel who protect a facility owned or operated by a 
licensee or certificate holder of the Commission that is designated by 
the Commission. Section 161A confers on the Commission the authority to 
permit a licensee's security personnel to possess and use firearms, 
ammunition, or devices, notwithstanding local, State, and certain 
Federal firearms laws (including regulations) that may prohibit such 
possession and use.
    On review of the SCE application for Commission authorization to 
use Section 161A preemption authority at SONGS, the NRC staff has found 
the following:
    (1) SCE's application complies with the standards and requirements 
of Section 161A and the Commission's rules and regulations set forth in 
10 CFR part 73, ``Physical Protection of Plants and Materials.''
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission.
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority is consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order.
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public.
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings set forth above are supported by an NRC staff safety 
evaluation under ADAMS Accession No. ML15027A221.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the licenses for SONGS must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); in 10 CFR 
72.212(b)(9), ``Conditions of the General License Issued Under Sec.  
72.210,'' and portions of 10 CFR 73.55, ``Requirements for Physical 
Protection of Licensed Activities in Nuclear Power Reactors against 
Radiological Sabotage'' (for general-license independent spent fuel 
storage installations co-located with a reactor at the reactor site).
    On March 31, 2015 (ADAMS Accession No. ML15092A132) SCE consented 
to the issuance of this order. The licensee further agreed that this 
order will be effective 20 days after the date of issuance and that it 
has waived its right to a hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 52, ``Licenses, Certifications, and Approvals for 
Nuclear Power Plants''; 10 CFR part 70; and 10 CFR part 72, IT IS 
HEREBY ORDERED that:
    1. The SCE application for Commission authorization to use Section 
161A preemption authority at SONGS is approved, and permission for 
security personnel to possess and use weapons, devices, ammunition, or 
other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices of Part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Material 
Safety and

[[Page 2260]]

Safeguards (NMSS) may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Director, NMSS, may, in writing, relax or rescind this 
confirmatory order on demonstration by the licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML15027A221), which is available for public 
inspection at the Commission's Public Document Room (PDR) located at 
One White Flint North, Public File Area 01-F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents stored in ADAMS should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by 
email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Order should be sustained.
    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 (1) request 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 
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

[[Page 2261]]

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. 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.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

/RA/

Scott Moore,

Acting Director, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2016-00720 Filed 1-14-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                             2247

                                                  determinations by individual concerned                  questions about NRC dockets to Carol                   CONFIRMATORY ORDER
                                                  are set forth in 14 CFR part 1212.                      Gallagher; telephone: 301–415–3463;                    MODIFYING LICENSE
                                                                                                          email: Carol.Gallagher@nrc.gov. For                    I.
                                                  RECORD SOURCE CATEGORIES:
                                                                                                          technical questions, contact the
                                                   Individual on whom the record is                       individual listed in the FOR FURTHER                      Entergy Nuclear Indian Point 2, LLC,
                                                  maintained and Personnel Office(s).                     INFORMATION CONTACT section of this                    is the owner of Indian Point Nuclear
                                                                                                          document.                                              Generating Unit Nos. 1 and 2; Entergy
                                                  EXEMPTIONS:                                                                                                    Nuclear Indian Point 3, LLC, is the
                                                     None.                                                   • NRC’s Agencywide Documents                        owner of Indian Point Nuclear
                                                  [FR Doc. 2016–00689 Filed 1–14–16; 8:45 am]             Access and Management System                           Generating Unit No. 3, and Entergy
                                                  BILLING CODE 7510–13–P                                  (ADAMS): You may obtain publicly-                      Nuclear Operations, Inc. (‘‘Entergy’’ or
                                                                                                          available documents online in the                      ‘‘the licensee’’) is the operator of Indian
                                                                                                          ADAMS Public Documents collection at                   Point Nuclear Generating Unit Nos. 1, 2,
                                                  NUCLEAR REGULATORY                                      http://www.nrc.gov/reading-rm/                         and 3, including the general-licensed
                                                  COMMISSION                                              adams.html. To begin the search, select                Independent Spent Fuel Storage
                                                                                                          ‘‘ADAMS Public Documents’’ and then                    Installation (hereinafter ‘‘Indian Point’’
                                                  [Docket Nos. 50–003, 50–247, 50–286, 72–                select ‘‘Begin Web-based ADAMS
                                                  51, 50–333, 72–12, 50–220, 50–410, 72–1036,
                                                                                                                                                                 or ‘‘the facility’’), and holder of
                                                                                                          Search.’’ For problems with ADAMS,                     Provisional Operating License No. DPR–
                                                  50–244, 72–67, 50–275, 50–323, 72–26, 50–
                                                                                                          please contact the NRC’s Public                        5, Facility Operating License Nos. DPR–
                                                  361, 50–362, and 72–41; EA–14–137, EA–
                                                  14–135, EA–14–136, EA–14–138, EA–14–                    Document Room (PDR) reference staff at                 26 and DPR–64, and Docket No. 72–51
                                                  139, EA–14–134, and EA–14–140; NRC–                     1–800–397–4209, 301–415–4737, or by                    issued by the U.S. Nuclear Regulatory
                                                  2016–0007]                                              email to pdr.resource@nrc.gov. Orders                  Commission (‘‘NRC’’ or ‘‘Commission’’)
                                                                                                          EA–14–135, EA–14–136, EA–14–137,                       under Title 10, ‘‘Energy,’’ of the Code of
                                                  In the Matter of Entergy Nuclear                        EA–14–138, EA–14–139, EA–14–134,                       Federal Regulations (10 CFR) Part 50,
                                                  Operations, Inc., Indian Point Nuclear                  and EA–14–140 are available in ADAMS                   ‘‘Domestic Licensing of Production and
                                                  Generating Unit Nos. 1, 2, and 3, and                   under Accession Nos. ML15176A264,                      Utilization Facilities’’; Part 70,
                                                  James A. Fitzpatrick Nuclear Power                      ML15176A028, ML15176A306,                              ‘‘Domestic Licensing of Special Nuclear
                                                  Plant; Exelon Generation Company,                       ML15176A256, ML15174A020, and                          Material’’; and Part 72, ‘‘Licensing
                                                  LLC, Nine Mile Point Nuclear Station,                   ML15174A102, respectively.                             Requirements for the Independent
                                                  Units 1 and 2, and R.E. Ginna Nuclear                      • NRC’s PDR: You may examine and                    Storage of Spent Nuclear Fuel, High-
                                                  Power Plant; Pacific Gas and Electric                   purchase copies of public documents at                 Level Radioactive Waste, and Reactor-
                                                  Company, Diablo Canyon Power Plant,                     the NRC’s PDR, Room O1–F21, One                        Related Greater Than Class C Waste.’’
                                                  Units 1 and 2; and Southern California                  White Flint North, 11555 Rockville                     The licenses authorize the operation of
                                                  Edison Company, San Onofre Nuclear                      Pike, Rockville, Maryland 20852.                       Indian Point with the conditions
                                                  Generating Station, Units 2 and 3,                                                                             specified therein. The facilities are
                                                  including Independent Spent Fuel                        FOR FURTHER INFORMATION CONTACT:   Siva                located on the owner’s site in
                                                  Storage Installations for All Facilities                P. Lingam, Office of Nuclear Reactor                   Westchester County, New York.
                                                                                                          Regulation, U.S. Nuclear Regulatory
                                                  AGENCY:  Nuclear Regulatory                             Commission, Washington, DC 20555–                      II.
                                                  Commission.                                             0001; telephone: 301–415–1564, email:                     By application dated August 20, 2013
                                                  ACTION: Confirmatory order; issuance.                   Siva.Lingam@nrc.gov .                                  as supplemented by letters dated
                                                                                                          SUPPLEMENTARY INFORMATION:               The text of   November 21, 2013, and May 13 and
                                                  SUMMARY:   The U.S. Nuclear Regulatory
                                                                                                          each Order is attached.                                July 24, 2014, and citing letters dated
                                                  Commission (NRC) is authorizing the
                                                                                                                                                                 April 27 and October 27, 2011, and
                                                  licensees to transfer, receive, possess,                  Dated at Rockville, Maryland, this 7th day           January 4, 2012, Entergy requested,
                                                  transport, import, and use certain                      of January 2016.                                       under Commission Order EA–13–092,
                                                  firearms and large-capacity ammunition                    For the Nuclear Regulatory Commission.               that under the provisions of Section
                                                  feeding devices not previously                          Anne T. Boland,                                        161A of the Atomic Energy Act of 1954,
                                                  permitted to be owned or possessed
                                                                                                          Director, Division of Operating Reactor                as amended, the Commission permit the
                                                  under Commission authority,
                                                                                                          Licensing, Office of Nuclear Reactor                   transfer, receipt, possession, transport,
                                                  notwithstanding certain local, State, or                Regulation.                                            import, and use of certain firearms and
                                                  Federal firearms laws, including
                                                                                                                                                                 large-capacity ammunition-feeding
                                                  regulations that prohibit such actions, as              UNITED STATES OF AMERICA
                                                                                                                                                                 devices by security personnel who
                                                  reflected in the confirmatory orders for
                                                                                                          NUCLEAR REGULATORY                                     protect a facility owned or operated by
                                                  the nuclear plant facilities listed above.
                                                                                                          COMMISSION                                             a licensee or certificate holder of the
                                                  DATES: Each confirmatory order was                                                                             Commission that is designated by the
                                                  issued to the licensees on January 5,                   In the Matter of Entergy Nuclear
                                                                                                                                                                 Commission. Section 161A confers on
                                                  2016. The effective dates are reflected in              Operations, Inc., Entergy Nuclear
                                                                                                                                                                 the Commission the authority to permit
                                                  the attached orders.                                    Indian Point 2, LLC, and Entergy
                                                                                                                                                                 a licensee’s security personnel to
                                                                                                          Nuclear Indian Point 3, LLC
                                                  ADDRESSES: Please refer to Docket ID:                                                                          possess and use firearms, ammunition
                                                  NRC–2016–0007 when contacting the                       (Indian Point Nuclear Generating Unit                  or devices, notwithstanding local, State,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  NRC about the availability of                           Nos. 1, 2, and 3)                                      and certain Federal firearms laws
                                                  information regarding this document.                                                                           (including regulations) that may
                                                                                                          Docket Nos. 50–003, 50–247, 50–286,
                                                  You may obtain publicly-available                                                                              prohibit such possession and use.
                                                                                                          AND 72–51
                                                  information related to this document                                                                              On review of the Entergy application
                                                  using any of the following methods:                     License Nos. DPR–5, DPR–26, and DPR–                   for Commission authorization to use
                                                     • Federal Rulemaking Web site: Go to                 64                                                     Section 161A preemption authority at
                                                  http://www.regulations.gov and search                                                                          Indian Point, the NRC staff has found
                                                  for Docket ID: NRC–2016–0007. Address                   EA–14–135 and EA–14–136                                the following:


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                                                  2248                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                     (1) Entergy’s application complies                   General License Issued Under § 72.210,’’                  For further details with respect to this
                                                  with the standards and requirements of                  and portions of 10 CFR 73.55,                          confirmatory order, see the staff’s safety
                                                  Section 161A and the Commission’s                       ‘‘Requirements for Physical Protection                 evaluation contained in a letter dated
                                                  rules and regulations set forth in 10 CFR               of Licensed Activities in Nuclear Power                January 5, 2016 (ADAMS Accession No.
                                                  part 73, ‘‘Physical Protection of Plants                Reactors against Radiological Sabotage’’               ML14259A209), which is available for
                                                  and Materials’’;                                        (for general-license independent spent                 public inspection at the Commission’s
                                                     (2) There is reasonable assurance that               fuel storage installations co-located with             Public Document Room (PDR) located at
                                                  the facilities will operate in                          a reactor at the reactor site).                        One White Flint North, Public File Area
                                                  conformance to the application; the                        On January 16, 2015, Entergy                        01 F21, 11555 Rockville Pike (first
                                                  provisions of the Atomic Energy Act of                  consented to the issuance of this order.               floor), Rockville, Maryland. Publicly
                                                  1954, as amended; and the rules and                     The licensee further agreed that this                  available documents created or received
                                                  regulations of the Commission;                          order will be effective 20 days after the              at the NRC are accessible electronically
                                                     (3) There is reasonable assurance that               date of issuance and that it has waived                through ADAMS in the NRC Library at
                                                  the activities permitted by the proposed                its right to a hearing on this order.                  http://www.nrc.gov/reading-rm/
                                                  Commission authorization to use                                                                                adams.html. Persons who do not have
                                                  Section161A preemption authority are                    IV.
                                                                                                                                                                 access to ADAMS or who encounter
                                                  consistent with the protection of public                   Accordingly, under Sections 53, 103                 problems in accessing the documents
                                                  health and safety, and that such                        and/or 104b, 161b, 161i, 161o, 161A,                   stored in ADAMS should contact the
                                                  activities will be conducted in                         182, and 186 of the Atomic Energy Act                  NRC PDR reference staff by telephone at
                                                  compliance with the Commission’s                        of 1954, as amended, and the                           1–800–397–4209 or 301–415–4737 or by
                                                  regulations and the requirements of this                Commission’s regulations in 10 CFR                     email to pdr.resource@nrc.gov.
                                                  confirmatory order;                                     2.202, ‘‘Orders’’; 10 CFR part 50; 10 CFR                 In accordance with 10 CFR 2.202, any
                                                     (4) The issuance of Commission                       part 70; and 10 CFR part 72, IT IS                     other person adversely affected by this
                                                  authorization to use Section 161A                       HEREBY ORDERED that:                                   order may submit an answer to this
                                                  preemption authority will not be                           1. The Entergy application for                      order within 20 days of its publication
                                                  inimical to the common defense and                      Commission authorization to use                        in the Federal Register. In addition, any
                                                  security or to the health and safety of                 Section 161A preemption authority at                   other person adversely affected by this
                                                  the public; and                                         Indian Point is approved and                           order may request a hearing on this
                                                     (5) The issuance of this Commission                  permission for security personnel to                   order within 20 days of its publication
                                                  authorization to use Section 161A                       possess and use weapons, devices,                      in the Federal Register. Where good
                                                  preemption authority will be in                         ammunition, or other firearms,                         cause is shown, consideration will be
                                                  accordance with the Commission’s                        notwithstanding local, State, and certain              given to extending the time to answer or
                                                  regulations in 10 CFR part 51,                          Federal firearms laws (including                       request a hearing. A request for
                                                  ‘‘Environmental Protection Regulations                  regulations) that may prohibit such                    extension of time must be directed to
                                                  for Domestic Licensing and Related                      possession and use, is granted.                        the Director, Office of Enforcement, U.S.
                                                  Regulatory Functions.’’                                    2. The licensee shall review and                    Nuclear Regulatory Commission, and
                                                     The findings, set forth above, are                   revise its NRC-approved security plans,                must include a statement of good cause
                                                  supported by an NRC staff safety                        as necessary, to describe how the                      for the extension.
                                                  evaluation under Agencywide                             requirements of this confirmatory order                   If a hearing is requested by a person
                                                  Documents Access and Management                         and other applicable requirements of 10                whose interest is adversely affected, the
                                                  System (ADAMS) Accession No.                            CFR part 73, ‘‘Physical Protection of                  Commission will issue an order
                                                  ML14259A209.                                            Plants and Materials,’’ to include those               designating the time and place of any
                                                                                                          of the appendices to 10 CFR part 73,                   hearings. If a hearing is held, the issue
                                                  III.
                                                                                                          will be met.                                           to be considered at such hearing shall be
                                                     To carry out the statutory authority                    3. The licensee shall establish and                 whether this order should be sustained.
                                                  discussed above, the Commission has                     maintain a program consistent with                        All documents filed in NRC
                                                  determined that the licenses for Indian                 Commission Order EA–13–092 such                        adjudicatory proceedings (including a
                                                  Point must be modified to include                       that all security personnel who require                request for hearing, a petition for leave
                                                  provisions with respect to the                          access to firearms in the discharge of                 to intervene, any motion or other
                                                  Commission authorization to use                         their official duties are subject to a                 document filed in the proceeding before
                                                  Section 161A preemption authority as                    firearms background check.                             the submission of a request for hearing
                                                  identified in Section II of this                           The Commission is engaged in an                     or petition to intervene, and documents
                                                  confirmatory order. The requirements                    ongoing rulemaking to implement the                    filed by interested governmental entities
                                                  needed to exercise the foregoing are set                Commission’s authority under Section                   participating under 10 CFR 2.315(c))
                                                  forth in Section IV below.                              161A. Subsequent to the effective date                 must be filed in accordance with the
                                                     The NRC staff has found that the                     of that final rulemaking, the Director,                NRC E-Filing rule (published at 72 FR
                                                  license modifications set forth in                      Office of Nuclear Reactor Regulation                   49139 on August 28, 2007). The E-Filing
                                                  Section IV are acceptable and necessary.                (NRR), and the Director, Office of                     process requires participants to submit
                                                  It further concluded that, with the                     Nuclear Material Safety and Safeguards                 and serve all adjudicatory documents
                                                  effective implementation of these                       (NMSS) may take action to relax or                     over the internet or (in some cases) to
                                                  provisions, the licensee’s physical                     rescind any or all of the requirements                 mail copies on electronic storage media.
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                                                  protection program will meet the                        set forth in this confirmatory order.                  Participants may not submit paper
                                                  specific physical protection program                       The Director, NRR, and the Director,                copies of their filings unless they seek
                                                  requirements set forth in 10 CFR 73.55,                 NMSS, may, in writing, relax or rescind                an exemption in accordance with the
                                                  ‘‘Requirements for Physical Protection                  this confirmatory order on                             procedures described below.
                                                  of Licensed Activities in Nuclear Power                 demonstration by the licensee of good                     To comply with the procedural
                                                  Reactors against Radiological Sabotage’’                cause.                                                 requirements of E-Filing, the participant
                                                  (for nuclear power reactors); and in 10                    This confirmatory order is effective 20             should contact the Office of the
                                                  CFR 72.212(b)(9), ‘‘Conditions of the                   days after the date of its issuance.                   Secretary (at least 10 days before the


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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                               2249

                                                  filing deadline) by email to                            p.m. eastern time on the due date. On                  reason for granting the exemption from
                                                  hearing.docket@nrc.gov or by telephone                  receipt of a transmission, the E-Filing                use of E-Filing no longer exists.
                                                  at (301) 415–1677 to (1) request a digital              system time-stamps the document and                       Documents submitted in adjudicatory
                                                  ID certificate, which allows the                        sends the submitter an email notice                    proceedings will appear in the NRC’s
                                                  participants (or its counsel or                         confirming receipt of the document. The                electronic hearing docket, available to
                                                  representative) to digitally sign                       E-Filing system also distributes an email              the public at http://ehd1.nrc.gov/ehd/,
                                                  documents and access the E-Submittal                    notice that provides access to the                     unless they are excluded under an order
                                                  server for any proceeding in which it is                document to the NRC’s Office of the                    of the Commission or by the presiding
                                                  participating; and (2) advise the                       General Counsel and any others who                     officer. Participants are requested not to
                                                  Secretary that the participant will be                  have advised the Office of the Secretary               include personally private information
                                                  submitting a request or petition for                    that they wish to participate in the                   such as social security numbers, home
                                                  hearing (even in instances in which the                 proceeding, so that the filer need not                 addresses, or home phone numbers in
                                                  participant, or its counsel or                          serve the documents on those                           their filings unless an NRC regulation or
                                                  representative, already holds an NRC-                   participants separately. Therefore,                    other law requires submission of such
                                                  issued digital ID certificate). Based on                applicants and other participants (or                  information. With respect to
                                                  this information, the Secretary will                    their counsel or representative) must                  copyrighted works, except for limited
                                                  establish an electronic docket for the                  apply for and receive a digital ID                     excerpts that serve the purpose of the
                                                  hearing in this proceeding if the                       certificate before a hearing request or                adjudicatory filings and would
                                                  Secretary has not already established an                petition to intervene is filed so that they            constitute a Fair Use application,
                                                  electronic docket.                                      can obtain access to the filed documents
                                                     Information about applying for a                                                                            participants are requested not to include
                                                                                                          through the E-Filing system.                           copyrighted materials in their
                                                  digital ID certificate is available on                     A person filing electronically using
                                                  NRC’s public Web site at http://                                                                               submission.
                                                                                                          the agency’s adjudicatory E-Filing
                                                  www.nrc.gov/site-help/e-submittals/                                                                               If a person other than the licensee
                                                                                                          system may seek assistance by
                                                  getting-started.html. System                                                                                   requests a hearing, that person shall set
                                                                                                          contacting the NRC Meta System Help
                                                  requirements for accessing the E-                                                                              forth with particularity the manner in
                                                                                                          Desk through the ‘‘Contact Us’’ link
                                                  Submittal server are detailed in NRC’s                                                                         which his or her interest is adversely
                                                                                                          located on the NRC Web site at http://
                                                  ‘‘Guidance for Electronic Submission,’’                                                                        affected by this order and shall address
                                                                                                          www.nrc.gov/site-help/e-
                                                  which is available on the agency’s                                                                             the criteria set forth in 10 CFR 2.309(d)
                                                                                                          submittals.html, by email to
                                                  public Web site at http://www.nrc.gov/                                                                         and (f).
                                                                                                          MSHD.Resource@nrc.gov, or by a toll-
                                                  site-help/e-submittals.html. Participants                                                                         In the absence of any request for
                                                                                                          free call to (866) 672–7640. The NRC
                                                  may attempt to use other software not                                                                          hearing or of written approval of an
                                                                                                          Meta System Help Desk is available
                                                  listed on the Web site to file documents,                                                                      extension of time in which to request a
                                                                                                          between 8 a.m. and 8 p.m. eastern time,
                                                  but should note that the NRC’s E-Filing                                                                        hearing, the provisions specified in
                                                                                                          Monday through Friday, excluding
                                                  system does not support unlisted                                                                               Section IV above shall be final 20 days
                                                                                                          Government holidays.
                                                  software and that the NRC Meta System                                                                          from the date of this order without
                                                  Help Desk will not be able to offer                        Participants who believe that they
                                                                                                          have a good cause for not submitting                   further order or proceedings. If an
                                                  assistance in using unlisted software.                                                                         extension of time for requesting a
                                                     If a participant is electronically                   documents electronically must file an
                                                                                                          exemption request, in accordance with                  hearing has been approved, the
                                                  submitting a document to the NRC in
                                                                                                          10 CFR 2.302(g), with their initial paper              provisions specified in Section IV shall
                                                  accordance with the E-Filing rule, the
                                                                                                          filing requesting authorization to                     be final when the extension expires if a
                                                  participant must file the document
                                                                                                          continue to submit documents in paper                  hearing request has not been received.
                                                  using the NRC’s Web-based online
                                                  submission form. In order to serve                      format. Such filings must be submitted                   Dated at Rockville, Maryland, this 5th day
                                                  documents through the Electronic                        by: (1) First Class mail addressed to the              of January 2016.
                                                  Information Exchange, users will be                     Office of the Secretary of the                           FOR THE NUCLEAR REGULATORY
                                                  required to install a web browser plug-                 Commission, U.S. Nuclear Regulatory                    COMMISSION.
                                                  in from the NRC Web site. Further                       Commission, Washington, DC 20555–                      /RA/
                                                  information on the Web-based                            0001, Attention: Rulemaking and                        William M. Dean,
                                                  submission form, including the                          Adjudications Staff; or (2) courier,                   Director, Office of Nuclear Reactor
                                                  installation of the Web browser plug-in,                express mail, or expedited delivery                    Regulation.
                                                  is available on the NRC’s public Web                    service to the Office of the Secretary,                /RA/
                                                  site at http://www.nrc.gov/site-help/e-                 Sixteenth Floor, One White Flint North,
                                                                                                                                                                 Scott W. Moore,
                                                  submittals.html.                                        11555 Rockville Pike, Rockville, MD
                                                                                                                                                                 Acting Director, Office of Nuclear Material
                                                     Once a participant has obtained a                    20852, Attention: Rulemaking and
                                                                                                                                                                 Safety and Safeguards.
                                                  digital ID certificate and a docket has                 Adjudications Staff. Participants filing a
                                                  been created, the participant can then                  document in this manner are                            UNITED STATES OF AMERICA
                                                  submit a request for hearing or petition                responsible for serving the document on
                                                  for leave to intervene. Submissions                     all other participants. Filing is                      NUCLEAR REGULATORY
                                                  should be Portable Document Format                      considered complete by First Class mail                COMMISSION
                                                  (PDF) documents in accordance with                      as of the time of deposit in the mail, or              In the Matter of Entergy Nuclear
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  NRC guidance available on the NRC                       by courier, express mail, or expedited                 FitzPatrick, LLC, and Entergy Nuclear
                                                  public Web site at http://www.nrc.gov/                  delivery service on depositing the                     Operations, Inc. (James A. Fitzpatrick
                                                  site-help/e-submittals.html. A filing is                document with the provider of the                      Nuclear Power Plant)
                                                  considered complete at the time the                     service. A presiding officer, having
                                                  documents are submitted through the                     granted an exemption request from                      Docket Nos. 50–333 and 72–12
                                                  NRC’s E-Filing system. To be timely, an                 using E-Filing, may require a participant              License No. DPR–59
                                                  electronic filing must be submitted to                  or party to use E-Filing if the presiding
                                                  the E-Filing system no later than 11:59                 officer subsequently determines that the               EA–14–137


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                                                  2250                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  CONFIRMATORY ORDER                                         (2) There is reasonable assurance that              fuel storage installations co-located with
                                                  MODIFYING LICENSE                                       the facilities will operate in                         a reactor at the reactor site).
                                                                                                          conformance to the application; the                       On January 15, 2015, Entergy
                                                  I.
                                                                                                          provisions of the Atomic Energy Act of                 consented to the issuance of this order.
                                                     Entergy Nuclear FitzPatrick, LLC, is                 1954, as amended; and the rules and                    The licensee further agreed that this
                                                  the owner and Entergy Nuclear                           regulations of the Commission;                         order will be effective 20 days after the
                                                  Operations, Inc. (‘‘Entergy’’ or ‘‘the                     (3) There is reasonable assurance that              date of issuance and that it has waived
                                                  licensee’’) is the operator of the James A.             the activities permitted by the proposed               its right to a hearing on this order.
                                                  Fitzpatrick Nuclear Power Plant,                        Commission authorization to use
                                                                                                          Section 161A preemption authority are                  IV.
                                                  including the general-licensed
                                                  Independent Spent Fuel Storage                          consistent with the protection of public                  Accordingly, under Sections 53, 103
                                                  Installation (hereinafter ‘‘JAFNPP’’ or                 health and safety, and that such                       and/or 104b, 161b, 161i, 161o, 161A,
                                                  ‘‘the facility’’), and holder of Provisional            activities will be conducted in                        182, and 186 of the Atomic Energy Act
                                                  Renewed Facility Operating License No.                  compliance with the Commission’s                       of 1954, as amended, and the
                                                  DPR–59 and Docket No. 72–12 issued by                   regulations and the requirements of this               Commission’s regulations in 10 CFR
                                                  the U.S. Nuclear Regulatory                             confirmatory order;                                    2.202, ‘‘Orders’’; 10 CFR part 50; 10 CFR
                                                  Commission (‘‘NRC’’ or ‘‘Commission’’)                     (4) The issuance of Commission                      part 70; and 10 CFR part 72, IT IS
                                                  under Title 10, ‘‘Energy,’’ of the Code of              authorization to use Section 161A                      HEREBY ORDERED that:
                                                  Federal Regulations (10 CFR) Part 50,                   preemption authority will not be                          1. The Entergy application for
                                                  ‘‘Domestic Licensing of Production and                  inimical to the common defense and                     Commission authorization to use
                                                  Utilization Facilities’’; Part 70,                      security or to the health and safety of                Section 161A preemption authority at
                                                  ‘‘Domestic Licensing of Special Nuclear                 the public; and                                        JAFNPP is approved and permission for
                                                  Material’’; and Part 72, ‘‘Licensing                       (5) The issuance of this Commission                 security personnel to possess and use
                                                  Requirements for the Independent                        authorization to use Section 161A                      weapons, devices, ammunition, or other
                                                  Storage of Spent Nuclear Fuel, High-                    preemption authority will be in                        firearms, notwithstanding local, State,
                                                  Level Radioactive Waste, and Reactor-                   accordance with the Commission’s                       and certain Federal firearms laws
                                                  Related Greater Than Class C Waste.’’                   regulations in 10 CFR part 51,                         (including regulations) that may
                                                  The license authorizes the operation of                 ‘‘Environmental Protection Regulations                 prohibit such possession and use, is
                                                  JAFNPP with the conditions specified                    for Domestic Licensing and Related                     granted.
                                                  therein. The facility is located on the                 Regulatory Functions.’’                                   2. The licensee shall review and
                                                                                                             The findings, set forth above, are                  revise its NRC-approved security plans,
                                                  owner’s site in Oswego County, New
                                                                                                          supported by an NRC staff safety                       as necessary, to describe how the
                                                  York.
                                                                                                          evaluation under Agencywide                            requirements of this confirmatory order
                                                  II.                                                     Documents Access and Management                        and other applicable requirements of 10
                                                                                                          System (ADAMS) Accession No.                           CFR part 73, ‘‘Physical Protection of
                                                     By application dated August 30, 2013,
                                                                                                          ML14259A164.                                           Plants and Materials,’’ to include those
                                                  as supplemented by letters dated
                                                  November 12, 2013, and May 14 and                       III.                                                   of the appendices to 10 CFR part 73,
                                                  July 11, 2014, Entergy requested, under                                                                        will be met.
                                                                                                             To carry out the statutory authority                   3. The licensee shall establish and
                                                  Commission Order EA–13–092, that                        discussed above, the Commission has                    maintain a program consistent with
                                                  under the provisions of Section 161A of                 determined that the license for JAFNPP                 Commission Order EA–13–092 such
                                                  the Atomic Energy Act of 1954, as                       must be modified to include provisions                 that all security personnel who require
                                                  amended, the Commission permit the                      with respect to the Commission                         access to firearms in the discharge of
                                                  transfer, receipt, possession, transport,               authorization to use Section 161A                      their official duties are subject to a
                                                  import, and use of certain firearms and                 preemption authority as identified in                  firearms background check.
                                                  large-capacity ammunition-feeding                       Section II of this confirmatory order.                    The Commission is engaged in an
                                                  devices by security personnel who                       The requirements needed to exercise the                ongoing rulemaking to implement the
                                                  protect a facility owned or operated by                 foregoing are set forth in Section IV                  Commission’s authority under
                                                  a licensee or certificate holder of the                 below.                                                 Section161A. Subsequent to the
                                                  Commission that is designated by the                       The NRC staff has found that the                    effective date of that final rulemaking,
                                                  Commission. Section 161A confers on                     license modifications set forth in                     the Director, Office of Nuclear Reactor
                                                  the Commission the authority to permit                  Section IV are acceptable and necessary.               Regulation (NRR) may take action to
                                                  a licensee’s security personnel to                      It further concluded that, with the                    relax or rescind any or all of the
                                                  possess and use firearms, ammunition                    effective implementation of these                      requirements set forth in this
                                                  or devices, notwithstanding local, State,               provisions, the licensee’s physical                    confirmatory order.
                                                  and certain Federal firearms laws                       protection program will meet the                          The Director, NRR, may, in writing,
                                                  (including regulations) that may                        specific physical protection program                   relax or rescind this confirmatory order
                                                  prohibit such possession and use.                       requirements set forth in 10 CFR 73.55,                on demonstration by the licensee of
                                                     On review of the Entergy application                 ‘‘Requirements for Physical Protection                 good cause.
                                                  for Commission authorization to use                     of Licensed Activities in Nuclear Power                   This confirmatory order is effective 20
                                                  Section 161A preemption authority at                    Reactors against Radiological Sabotage’’               days after the date of its issuance.
                                                  JAFNPP, the NRC staff has found the
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                                                                                                          (for nuclear power reactors); and in 10                   For further details with respect to this
                                                  following:                                              CFR 72.212(b)(9), ‘‘Conditions of the                  confirmatory order, see the staff’s safety
                                                     (1) Entergy’s application complies                   General License Issued Under § 72.210,’’               evaluation contained in a letter dated
                                                  with the standards and requirements of                  and portions of 10 CFR 73.55,                          January 5, 2016 (ADAMS Accession No.
                                                  Section 161A and the Commission’s                       ‘‘Requirements for Physical Protection                 ML14259A164), which is available for
                                                  rules and regulations set forth in 10 CFR               of Licensed Activities in Nuclear Power                public inspection at the Commission’s
                                                  part 73, ‘‘Physical Protection of Plants                Reactors against Radiological Sabotage’’               Public Document Room (PDR), located
                                                  and Materials’’;                                        (for general-license independent spent                 at One White Flint North, Public File


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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                             2251

                                                  Area 01 F21, 11555 Rockville Pike (first                server for any proceeding in which it is               document to the NRC’s Office of the
                                                  floor), Rockville, Maryland. Publicly                   participating; and (2) advise the                      General Counsel and any others who
                                                  available documents created or received                 Secretary that the participant will be                 have advised the Office of the Secretary
                                                  at the NRC are accessible electronically                submitting a request or petition for                   that they wish to participate in the
                                                  through ADAMS in the NRC Library at                     hearing (even in instances in which the                proceeding, so that the filer need not
                                                  http://www.nrc.gov/reading-rm/                          participant, or its counsel or                         serve the documents on those
                                                  adams.html. Persons who do not have                     representative, already holds an NRC-                  participants separately. Therefore,
                                                  access to ADAMS or who encounter                        issued digital ID certificate). Based on               applicants and other participants (or
                                                  problems in accessing the documents                     this information, the Secretary will                   their counsel or representative) must
                                                  stored in ADAMS should contact the                      establish an electronic docket for the                 apply for and receive a digital ID
                                                  NRC PDR reference staff by telephone at                 hearing in this proceeding if the                      certificate before a hearing request or
                                                  1–800–397–4209 or 301–415–4737, or                      Secretary has not already established an               petition to intervene is filed so that they
                                                  by email to pdr.resource@nrc.gov.                       electronic docket.                                     can obtain access to the filed documents
                                                     In accordance with 10 CFR 2.202, any                    Information about applying for a                    through the E-Filing system.
                                                  other person adversely affected by this                 digital ID certificate is available on                    A person filing electronically using
                                                  order may submit an answer to this                      NRC’s public Web site at http://                       the agency’s adjudicatory E-Filing
                                                  order within 20 days of its publication                 www.nrc.gov/site-help/e-submittals/                    system may seek assistance by
                                                  in the Federal Register. In addition, any               getting-started.html. System                           contacting the NRC Meta System Help
                                                  other person adversely affected by this                 requirements for accessing the E-                      Desk through the ‘‘Contact Us’’ link
                                                  order may request a hearing on this                     Submittal server are detailed in NRC’s                 located on the NRC Web site at http://
                                                  order within 20 days of its publication                 ‘‘Guidance for Electronic Submission,’’                www.nrc.gov/site-help/e-
                                                  in the Federal Register. Where good                     which is available on the agency’s                     submittals.html, by email to
                                                  cause is shown, consideration will be                   public Web site at http://www.nrc.gov/                 MSHD.Resource@nrc.gov, or by a toll-
                                                  given to extending the time to answer or                site-help/e-submittals.html. Participants              free call to (866) 672–7640. The NRC
                                                  request a hearing. A request for                        may attempt to use other software not                  Meta System Help Desk is available
                                                  extension of time must be directed to                   listed on the Web site to file documents,              between 8 a.m. and 8 p.m. eastern time,
                                                  the Director, Office of Enforcement, U.S.               but should note that the NRC’s E-Filing                Monday through Friday, excluding
                                                  Nuclear Regulatory Commission, and                      system does not support unlisted                       Government holidays.
                                                  must include a statement of good cause                  software and that the NRC Meta System                     Participants who believe that they
                                                  for the extension.                                      Help Desk will not be able to offer                    have a good cause for not submitting
                                                     If a hearing is requested by a person                assistance in using unlisted software.                 documents electronically must file an
                                                  whose interest is adversely affected, the                  If a participant is electronically                  exemption request, in accordance with
                                                  Commission will issue an order                          submitting a document to the NRC in                    10 CFR 2.302(g), with their initial paper
                                                  designating the time and place of any                   accordance with the E-Filing rule, the                 filing requesting authorization to
                                                  hearings. If a hearing is held, the issue               participant must file the document                     continue to submit documents in paper
                                                  to be considered at such hearing shall be               using the NRC’s Web-based online                       format. Such filings must be submitted
                                                  whether this order should be sustained.                 submission form. In order to serve                     by: (1) First Class mail addressed to the
                                                     All documents filed in NRC                           documents through the Electronic                       Office of the Secretary of the
                                                  adjudicatory proceedings, including a                   Information Exchange, users will be                    Commission, U.S. Nuclear Regulatory
                                                  request for hearing, a petition for leave               required to install a web browser plug-                Commission, Washington, DC 20555–
                                                  to intervene, any motion or other                       in from the NRC Web site. Further                      0001, Attention: Rulemaking and
                                                  document filed in the proceeding before                 information on the Web-based                           Adjudications Staff; or (2) courier,
                                                  the submission of a request for hearing                 submission form, including the                         express mail, or expedited delivery
                                                  or petition to intervene, and documents                 installation of the Web browser plug-in,               service to the Office of the Secretary,
                                                  filed by interested governmental entities               is available on the NRC’s public Web                   Sixteenth Floor, One White Flint North,
                                                  participating under 10 CFR 2.315(c),                    site at http://www.nrc.gov/site-help/e-                11555 Rockville Pike, Rockville, MD
                                                  must be filed in accordance with the                    submittals.html.                                       20852, Attention: Rulemaking and
                                                  NRC E-Filing rule (published at 72 FR                      Once a participant has obtained a                   Adjudications Staff. Participants filing a
                                                  49139, on August 28, 2007). The E-                      digital ID certificate and a docket has                document in this manner are
                                                  Filing process requires participants to                 been created, the participant can then                 responsible for serving the document on
                                                  submit and serve all adjudicatory                       submit a request for hearing or petition               all other participants. Filing is
                                                  documents over the internet, or in some                 for leave to intervene. Submissions                    considered complete by First Class mail
                                                  cases to mail copies on electronic                      should be Portable Document Format                     as of the time of deposit in the mail, or
                                                  storage media. Participants may not                     (PDF) documents in accordance with                     by courier, express mail, or expedited
                                                  submit paper copies of their filings                    NRC guidance available on the NRC                      delivery service on depositing the
                                                  unless they seek an exemption in                        public Web site at http://www.nrc.gov/                 document with the provider of the
                                                  accordance with the procedures                          site-help/e-submittals.html. A filing is               service. A presiding officer, having
                                                  described below.                                        considered complete at the time the                    granted an exemption request from
                                                     To comply with the procedural                        documents are submitted through the                    using E-Filing, may require a participant
                                                  requirements of E-Filing, the participant               NRC’s E-Filing system. To be timely, an                or party to use E-Filing if the presiding
                                                  should contact the Office of the                        electronic filing must be submitted to                 officer subsequently determines that the
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                                                  Secretary (at least 10 days before the                  the E-Filing system no later than 11:59                reason for granting the exemption from
                                                  filing deadline) by email to                            p.m. eastern time on the due date. On                  use of E-Filing no longer exists.
                                                  hearing.docket@nrc.gov or by telephone                  receipt of a transmission, the E-Filing                   Documents submitted in adjudicatory
                                                  at (301) 415–1677 to (1) request a digital              system time-stamps the document and                    proceedings will appear in the NRC’s
                                                  ID certificate, which allows the                        sends the submitter an email notice                    electronic hearing docket, available to
                                                  participants (or its counsel or                         confirming receipt of the document. The                the public at http://ehd1.nrc.gov/ehd/,
                                                  representative) to digitally sign                       E-Filing system also distributes an email              unless they are excluded under an order
                                                  documents and access the E-Submittal                    notice that provides access to the                     of the Commission or by the presiding


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                                                  2252                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  officer. Participants are requested not to              72–1036 issued by the U.S. Nuclear                        (4) The issuance of Commission
                                                  include personally private information                  Regulatory Commission (NRC or                          authorization to use Section 161A
                                                  such as social security numbers, home                   Commission) under Title 10 ‘‘Energy,’’                 preemption authority will not be
                                                  addresses, or home phone numbers in                     of the Code of Federal Regulations (10                 inimical to the common defense and
                                                  their filings unless an NRC regulation or               CFR) Part 50, ‘‘Domestic Licensing of                  security or to the health and safety of
                                                  other law requires submission of such                   Production and Utilization Facilities,’’               the public; and
                                                  information. With respect to                            Part 70, ‘‘Domestic Licensing of Special                  (5) The issuance of this Commission
                                                  copyrighted works, except for limited                   Nuclear Material;’’ and Part 72,                       authorization to use Section 161A
                                                  excerpts that serve the purpose of the                  ‘‘Licensing Requirements for the                       preemption authority will be in
                                                  adjudicatory filings and would                          Independent Storage of Spent Nuclear                   accordance with the Commission’s
                                                  constitute a Fair Use application,                      Fuel, High-Level Radioactive Waste, and                regulations in 10 CFR part 51,
                                                  participants are requested not to include               Reactor-Related Greater Than Class C                   ‘‘Environmental Protection Regulations
                                                  copyrighted materials in their                          Waste.’’ The licenses authorize the                    for Domestic Licensing and Related
                                                  submission.                                             operation of NMPNS with the                            Regulatory Functions.’’
                                                     If a person other than the licensee                  conditions specified therein. The                         The findings set forth above are
                                                  requests a hearing, that person shall set               facility is located on the owner’s site in             supported by an NRC staff safety
                                                  forth with particularity the manner in                  Oswego County, New York.                               evaluation under Agencywide
                                                  which his or her interest is adversely                                                                         Documents Access and Management
                                                                                                          II.                                                    System (ADAMS) Accession No.
                                                  affected by this order and shall address
                                                  the criteria set forth in 10 CFR 2.309(d)                  By application dated August 14, 2013,               ML14254A450.
                                                  and (f).                                                as supplemented by letters dated
                                                                                                          September 10, 2013, and May 14, 2014,                  III.
                                                     In the absence of any request for
                                                  hearing or of written approval of an                    Exelon requested, under Commission                        To carry out the statutory authority
                                                  extension of time in which to request a                 Order EA–13–092, that under the                        discussed above, the Commission has
                                                  hearing, the provisions specified in                    provisions of Section 161A of the                      determined that the license for NMPNS
                                                  Section IV above shall be final 20 days                 Atomic Energy Act of 1954, as amended,                 must be modified to include provisions
                                                  from the date of this order without                     the Commission permit the transfer,                    with respect to the Commission
                                                  further order or proceedings. If an                     receipt, possession, transport, import,                authorization to use Section 161A
                                                  extension of time for requesting a                      and use of certain firearms and large-                 preemption authority as identified in
                                                  hearing has been approved, the                          capacity ammunition-feeding devices by                 Section II of this confirmatory order.
                                                  provisions specified in Section IV shall                security personnel who protect a facility              The requirements needed to exercise the
                                                  be final when the extension expires if a                owned or operated by a licensee or                     foregoing are set forth in Section IV
                                                  hearing request has not been received.                  certificate holder of the Commission                   below.
                                                                                                          that is designated by the Commission.                     The NRC staff has found that the
                                                     Dated at Rockville, Maryland, this 5th               Section 161A confers on the                            license modifications set forth in
                                                  day of January 2016.                                    Commission the authority to permit a                   Section IV are acceptable and necessary.
                                                     FOR THE NUCLEAR REGULATORY                           licensee’s security personnel to possess               It further concluded that, with the
                                                  COMMISSION.                                             and use firearms, ammunition or                        effective implementation of these
                                                    /RA/                                                  devices, notwithstanding local, State,                 provisions, the licensee’s physical
                                                  William M. Dean,                                        and certain Federal firearms laws                      protection program will meet the
                                                                                                          (including regulations) that may                       specific physical protection program
                                                  Director, Office of Nuclear Reactor                     prohibit such possession and use.                      requirements set forth in 10 CFR 73.55,
                                                  Regulation.                                                On review of the Exelon application                 ‘‘Requirements for Physical Protection
                                                                                                          for Commission authorization to use                    of Licensed Activities in Nuclear Power
                                                  UNITED STATES OF AMERICA                                Section 161A preemption authority at                   Reactors against Radiological Sabotage’’
                                                  NUCLEAR REGULATORY                                      NMPNS, the NRC staff has found the                     (for nuclear power reactors); and in 10
                                                  COMMISSION                                              following:                                             CFR 72.212(b)(9), ‘‘Conditions of the
                                                                                                             (1) The Exelon application complies                 General License Issued Under § 72.210,’’
                                                  In the Matter of Exelon Generation
                                                                                                          with the standards and requirements of                 and portions of 10 CFR 73.55,
                                                  Company, LLC (Nine Mile Point
                                                                                                          Section 161A and the Commission’s                      ‘‘Requirements for Physical Protection
                                                  Nuclear Station, Units 1 and 2)
                                                                                                          rules and regulations set forth in 10 CFR              of Licensed Activities in Nuclear Power
                                                  Docket Nos. 50–220, 50–410, and 72–                     part 73, ‘‘Physical Protection of Plants               Reactors against Radiological Sabotage’’
                                                  1036                                                    and Materials’’;                                       (for general-license independent spent
                                                  License Nos. DPR–63 and NPF–69                             (2) There is reasonable assurance that              fuel storage installations co-located with
                                                                                                          the facilities will operate in                         a reactor at the reactor site).
                                                  EA–14–138                                               conformance to the application; the                       On January 16, 2015, Exelon
                                                  CONFIRMATORY ORDER                                      provisions of the Atomic Energy Act of                 consented to the issuance of this order.
                                                  MODIFYING LICENSE                                       1954, as amended; and the rules and                    The licensee further agreed that this
                                                                                                          regulations of the Commission;                         order will be effective 20 days after the
                                                  I.                                                         (3) There is reasonable assurance that              date of issuance and that it has waived
                                                    Exelon Generation Company, LLC                        the activities permitted by the proposed               its right to a hearing on this order.
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                                                  (Exelon, or the licensee) is the owner                  Commission authorization to use
                                                  and operator of Nine Mile Point Nuclear                 Section 161A preemption authority are                  IV.
                                                  Station, Units 1 and 2, including the                   consistent with the protection of public                 Accordingly, under Sections 53, 103
                                                  general-licensed Independent Spent                      health and safety, and that such                       and/or 104b, 161b, 161i, 161o, 161A,
                                                  Fuel Storage Installation (hereinafter                  activities will be conducted in                        182, and 186 of the Atomic Energy Act
                                                  NMPNS or the facility), and holder of                   compliance with the Commission’s                       of 1954, as amended, and the
                                                  Provisional Facility Operating Licenses                 regulations and the requirements of this               Commission’s regulations in 10 CFR
                                                  Nos. DPR–63, NPR–69, and Docket No.                     confirmatory order;                                    2.202, ‘‘Orders’’; 10 CFR part 50; 10 CFR


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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                             2253

                                                  part 70; and 10 CFR part 72, IT IS                      in the Federal Register. In addition, any              getting-started.html. System
                                                  HEREBY ORDERED that:                                    other person adversely affected by this                requirements for accessing the E-
                                                     1. The Exelon application for                        order may request a hearing on this                    Submittal server are detailed in NRC’s
                                                  Commission authorization to use                         order within 20 days of its publication                ‘‘Guidance for Electronic Submission,’’
                                                  Section 161A preemption authority at                    in the Federal Register. Where good                    which is available on the agency’s
                                                  NMPNS is approved and permission for                    cause is shown, consideration will be                  public Web site at http://www.nrc.gov/
                                                  security personnel to possess and use                   given to extending the time to answer or               site-help/e-submittals.html. Participants
                                                  weapons, devices, ammunition, or other                  request a hearing. A request for                       may attempt to use other software not
                                                  firearms, notwithstanding local, State,                 extension of time must be directed to                  listed on the Web site to file documents,
                                                  and certain Federal firearms laws                       the Director, Office of Enforcement, U.S.              but should note that the NRC’s E-Filing
                                                  (including regulations) that may                        Nuclear Regulatory Commission, and                     system does not support unlisted
                                                  prohibit such possession and use, is                    must include a statement of good cause                 software and that the NRC Meta System
                                                  granted.                                                for the extension.                                     Help Desk will not be able to offer
                                                     2. The licensee shall review and                        If a hearing is requested by a person               assistance in using unlisted software.
                                                  revise its NRC-approved security plans,                 whose interest is adversely affected, the                 If a participant is electronically
                                                  as necessary, to describe how the                       Commission will issue an order                         submitting a document to the NRC in
                                                  requirements of this confirmatory order                 designating the time and place of any                  accordance with the E-Filing rule, the
                                                  and other applicable requirements of 10                 hearings. If a hearing is held, the issue              participant must file the document
                                                  CFR part 73, ‘‘Physical Protection of                   to be considered at such hearing shall be              using the NRC’s Web-based online
                                                  Plants and Materials,’’ to include those                whether this order should be sustained.                submission form. In order to serve
                                                  of the appendices to 10 CFR part 73,                       All documents filed in NRC                          documents through the Electronic
                                                  will be met.                                            adjudicatory proceedings, including a                  Information Exchange, users will be
                                                     3. The licensee shall establish and                  request for hearing, a petition for leave              required to install a web browser plug-
                                                  maintain a program consistent with                      to intervene, any motion or other                      in from the NRC Web site. Further
                                                  Commission Order EA–13–092 such                         document filed in the proceeding before                information on the Web-based
                                                  that all security personnel who require                 the submission of a request for hearing                submission form, including the
                                                  access to firearms in the discharge of                  or petition to intervene, and documents                installation of the Web browser plug-in,
                                                  their official duties are subject to a                  filed by interested governmental entities              is available on the NRC’s public Web
                                                  firearms background check.                              participating under 10 CFR 2.315(c),                   site at http://www.nrc.gov/site-help/e-
                                                     The Commission is engaged in an                      must be filed in accordance with the                   submittals.html.
                                                  ongoing rulemaking to implement the                     NRC E-Filing rule (published at 72 FR                     Once a participant has obtained a
                                                  Commission’s authority under Section                    49139, on August 28, 2007). The E-                     digital ID certificate and a docket has
                                                  161A. Subsequent to the effective date                  Filing process requires participants to                been created, the participant can then
                                                  of that final rulemaking, the Director,                 submit and serve all adjudicatory                      submit a request for hearing or petition
                                                  Office of Nuclear Reactor Regulation                    documents over the internet, or in some                for leave to intervene. Submissions
                                                  (NRR), may take action to relax or                      cases to mail copies on electronic                     should be Portable Document Format
                                                  rescind any or all of the requirements                  storage media. Participants may not                    (PDF) documents in accordance with
                                                  set forth in this confirmatory order.                   submit paper copies of their filings                   NRC guidance available on the NRC
                                                     The Director, NRR, may, in writing,                  unless they seek an exemption in                       public Web site at http://www.nrc.gov/
                                                  relax or rescind this confirmatory order                accordance with the procedures                         site-help/e-submittals.html. A filing is
                                                  on demonstration by the licensee of                     described below.                                       considered complete at the time the
                                                  good cause.                                                To comply with the procedural                       documents are submitted through the
                                                     This confirmatory order is effective 20              requirements of E-Filing, the participant              NRC’s E-Filing system. To be timely, an
                                                  days after the date of its issuance.                    should contact the Office of the                       electronic filing must be submitted to
                                                     For further details with respect to this             Secretary (at least 10 days before the                 the E-Filing system no later than 11:59
                                                  confirmatory order, see the staff’s safety              filing deadline) by email to                           p.m. eastern time on the due date. On
                                                  evaluation contained in a letter dated                  hearing.docket@nrc.gov or by telephone                 receipt of a transmission, the E-Filing
                                                  January 5, 2016 (ADAMS Accession No.                    at (301) 415–1677 to (1) request a digital             system time-stamps the document and
                                                  ML14254A450), which is available for                    ID certificate, which allows the                       sends the submitter an email notice
                                                  public inspection at the Commission’s                   participants (or its counsel or                        confirming receipt of the document. The
                                                  Public Document Room (PDR), located                     representative) to digitally sign                      E-Filing system also distributes an email
                                                  at One White Flint North, Public File                   documents and access the E-Submittal                   notice that provides access to the
                                                  Area 01 F21, 11555 Rockville Pike (first                server for any proceeding in which it is               document to the NRC’s Office of the
                                                  floor), Rockville, Maryland. Publicly                   participating; and (2) advise the                      General Counsel and any others who
                                                  available documents created or received                 Secretary that the participant will be                 have advised the Office of the Secretary
                                                  at the NRC are accessible electronically                submitting a request or petition for                   that they wish to participate in the
                                                  through ADAMS in the NRC Library at                     hearing (even in instances in which the                proceeding, so that the filer need not
                                                  http://www.nrc.gov/reading-rm/                          participant, or its counsel or                         serve the documents on those
                                                  adams.html. Persons who do not have                     representative, already holds an NRC-                  participants separately. Therefore,
                                                  access to ADAMS or who encounter                        issued digital ID certificate). Based on               applicants and other participants (or
                                                  problems in accessing the documents                     this information, the Secretary will                   their counsel or representative) must
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                                                  stored in ADAMS should contact the                      establish an electronic docket for the                 apply for and receive a digital ID
                                                  NRC PDR reference staff by telephone at                 hearing in this proceeding if the                      certificate before a hearing request or
                                                  1–800–397–4209 or 301–415–4737, or                      Secretary has not already established an               petition to intervene is filed so that they
                                                  by email to pdr.resource@nrc.gov.                       electronic docket.                                     can obtain access to the filed documents
                                                     In accordance with 10 CFR 2.202, any                    Information about applying for a                    through the E-Filing system.
                                                  other person adversely affected by this                 digital ID certificate is available on                    A person filing electronically using
                                                  order may submit an answer to this                      NRC’s public Web site at http://                       the agency’s adjudicatory E-Filing
                                                  order within 20 days of its publication                 www.nrc.gov/site-help/e-submittals/                    system may seek assistance by


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                                                  2254                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  contacting the NRC Meta System Help                     which his or her interest is adversely                 II.
                                                  Desk through the ‘‘Contact Us’’ link                    affected by this order and shall address                  By application dated August 14, 2013,
                                                  located on the NRC Web site at http://                  the criteria set forth in 10 CFR 2.309(d)              as supplemented by letters dated
                                                  www.nrc.gov/site-help/e-                                and (f).                                               November 4, 2013, and May 14, 2014,
                                                  submittals.html, by email to                               In the absence of any request for                   Exelon requested, under Commission
                                                  MSHD.Resource@nrc.gov, or by a toll-                    hearing or of written approval of an                   Order (EA–13–092), that under the
                                                  free call to (866) 672–7640. The NRC                    extension of time in which to request a                provisions of Section 161A of the
                                                  Meta System Help Desk is available                      hearing, the provisions specified in                   Atomic Energy Act of 1954, as amended,
                                                  between 8 a.m. and 8 p.m. eastern time,                 Section IV above shall be final 20 days                the Commission permit the transfer,
                                                  Monday through Friday, excluding                        from the date of this order without                    receipt, possession, transport, import,
                                                  Government holidays.                                    further order or proceedings. If an                    and use of certain firearms and large
                                                     Participants who believe that they                   extension of time for requesting a
                                                  have a good cause for not submitting                                                                           capacity ammunition feeding devices,
                                                                                                          hearing has been approved, the                         by security personnel who protect a
                                                  documents electronically must file an                   provisions specified in Section IV shall
                                                  exemption request, in accordance with                                                                          facility owned or operated by a licensee
                                                                                                          be final when the extension expires if a               or certificate holder of the Commission
                                                  10 CFR 2.302(g), with their initial paper               hearing request has not been received.
                                                  filing requesting authorization to                                                                             that is designated by the Commission.
                                                  continue to submit documents in paper                     Dated at Rockville, Maryland, this 5th               Section 161A confers on the
                                                  format. Such filings must be submitted                  day of January 2016.                                   Commission the authority to permit a
                                                  by: (1) First Class mail addressed to the                                                                      licensee’s security personnel to possess
                                                                                                           FOR THE NUCLEAR REGULATORY                            and use firearms, ammunition or
                                                  Office of the Secretary of the                          COMMISSION.
                                                  Commission, U.S. Nuclear Regulatory                                                                            devices, notwithstanding local, State,
                                                  Commission, Washington, DC 20555–                            /RA/                                              and certain Federal firearms laws
                                                  0001, Attention: Rulemaking and                                                                                (including regulations) that may
                                                                                                          William M. Dean,                                       prohibit such possession and use.
                                                  Adjudications Staff; or (2) courier,
                                                  express mail, or expedited delivery                     Director, Office of Nuclear Reactor                       On review of the Exelon application
                                                  service to the Office of the Secretary,                 Regulation.                                            for Commission authorization to use
                                                  Sixteenth Floor, One White Flint North,                                                                        Section 161A preemption authority at
                                                                                                          UNITED STATES OF AMERICA
                                                  11555 Rockville Pike, Rockville, MD                                                                            Ginna, the NRC staff has found the
                                                  20852, Attention: Rulemaking and                        NUCLEAR REGULATORY                                     following:
                                                  Adjudications Staff. Participants filing a              COMMISSION                                                (1) The Exelon application complies
                                                  document in this manner are                             In the Matter of Exelon Generation                     with the standards and requirements of
                                                  responsible for serving the document on                 Company, LLC (R.E. Ginna Nuclear                       Section 161A and the Commission’s
                                                  all other participants. Filing is                       Power Plant)                                           rules and regulations set forth in 10 CFR
                                                  considered complete by First Class mail                                                                        part 73, ‘‘Physical Protection of Plants
                                                                                                          Docket Nos. 50–244 and 72–67                           and Materials;’’
                                                  as of the time of deposit in the mail, or
                                                  by courier, express mail, or expedited                  License No. DPR–18                                        (2) There is reasonable assurance that
                                                  delivery service on depositing the                                                                             the facilities will operate in
                                                                                                          EA–14–139
                                                  document with the provider of the                                                                              conformance to the application; the
                                                  service. A presiding officer, having                    CONFIRMATORY ORDER                                     provisions of the Atomic Energy Act of
                                                  granted an exemption request from                       MODIFYING LICENSE                                      1954, as amended; and the rules and
                                                  using E-Filing, may require a participant               I.                                                     regulations of the Commission;
                                                  or party to use E-Filing if the presiding                                                                         (3) There is reasonable assurance that
                                                  officer subsequently determines that the                   Exelon Generation Company, LLC                      the activities permitted by the proposed
                                                  reason for granting the exemption from                  (Exelon, or the licensee) is the owner                 Commission authorization to use
                                                  use of E-Filing no longer exists.                       and operator of R.E. Ginna Nuclear                     Section 161A preemption authority are
                                                     Documents submitted in adjudicatory                  Power Plant (Ginna), including the                     consistent with the protection of public
                                                  proceedings will appear in the NRC’s                    general-licensed Independent Spent                     health and safety, and that such
                                                  electronic hearing docket, available to                 Fuel Storage Installation (hereinafter                 activities will be conducted in
                                                  the public at http://ehd1.nrc.gov/ehd/,                 Ginna or the facility), and holder of                  compliance with the Commission’s
                                                  unless they are excluded under an order                 Provisional Renewed Facility Operating                 regulations and the requirements of this
                                                  of the Commission or by the presiding                   Licenses No. DPR–18 and Docket No.                     confirmatory order;
                                                  officer. Participants are requested not to              72–67 issued by the U.S. Nuclear                          (4) The issuance of Commission
                                                  include personally private information                  Regulatory Commission (NRC or                          authorization to use Section 161A
                                                  such as social security numbers, home                   Commission) under Title 10, ‘‘Energy,’’                preemption authority will not be
                                                  addresses, or home phone numbers in                     of the Code of Federal Regulations (10                 inimical to the common defense and
                                                  their filings unless an NRC regulation or               CFR) Part 50, ‘‘Domestic Licensing of                  security or to the health and safety of
                                                  other law requires submission of such                   Production and Utilization Facilities,’’               the public; and
                                                  information. With respect to                            Part 70, ‘‘Domestic Licensing of Special                  (5) The issuance of this Commission
                                                  copyrighted works, except for limited                   Nuclear Material;’’ and Part 72,                       authorization to use Section 161A
                                                  excerpts that serve the purpose of the                  ‘‘Licensing Requirements for the                       preemption authority will be in
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                                                  adjudicatory filings and would                          Independent Storage of Spent Nuclear                   accordance with the Commission’s
                                                  constitute a Fair Use application,                      Fuel, High-Level Radioactive Waste, and                regulations in 10 CFR part 51,
                                                  participants are requested not to include               Reactor-Related Greater Than Class C                   ‘‘Environmental Protection Regulations
                                                  copyrighted materials in their                          Waste.’’ The license authorizes the                    for Domestic Licensing and Related
                                                  submission.                                             operation of Ginna with the conditions                 Regulatory Functions.’’
                                                     If a person other than the licensee                  specified therein. The facility is located                The findings, set forth above, are
                                                  requests a hearing, that person shall set               on the owner’s site in Wayne County,                   supported by an NRC staff safety
                                                  forth with particularity the manner in                  New York.                                              evaluation under Agencywide


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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                            2255

                                                  Documents Access and Management                         and other applicable requirements of 10                designating the time and place of any
                                                  System (ADAMS) Accession No.                            CFR part 73, ‘‘Physical Protection of                  hearings. If a hearing is held, the issue
                                                  ML14260A166.                                            Plants and Materials,’’ to include those               to be considered at such hearing shall be
                                                                                                          of the appendices to 10 CFR part 73,                   whether this order should be sustained.
                                                  III.                                                                                                              All documents filed in NRC
                                                                                                          will be met.
                                                     To carry out the statutory authority                    3. The licensee shall establish and                 adjudicatory proceedings, including a
                                                  discussed above, the Commission has                     maintain a program consistent with                     request for hearing, a petition for leave
                                                  determined that the license for Ginna,                  Commission Order EA–13–092 such                        to intervene, any motion or other
                                                  must be modified to include provisions                  that all security personnel who require                document filed in the proceeding before
                                                  with respect to the Commission                          access to firearms in the discharge of                 the submission of a request for hearing
                                                  authorization to use Section 161A                       their official duties are subject to a                 or petition to intervene, and documents
                                                  preemption authority as identified in                   firearms background check.                             filed by interested governmental entities
                                                  Section II of this confirmatory order.                     The Commission is engaged in an                     participating under 10 CFR 2.315(c),
                                                  The requirements needed to exercise the                 ongoing rulemaking to implement the                    must be filed in accordance with the
                                                  foregoing are set forth in Section IV                   Commission’s authority under Section                   NRC E-Filing rule (published at 72 FR
                                                  below.                                                  161A. Subsequent to the effective date                 49139, on August 28, 2007). The E-
                                                     The NRC staff has found that the                     of that final rulemaking, the Director,                Filing process requires participants to
                                                  license modifications set forth in                      Office of Nuclear Reactor Regulation                   submit and serve all adjudicatory
                                                  Section IV are acceptable and necessary.                (NRR) may take action to relax or                      documents over the internet, or in some
                                                  It further concluded that, with the                     rescind any or all of the requirements                 cases to mail copies on electronic
                                                  effective implementation of these                       set forth in this confirmatory order.                  storage media. Participants may not
                                                  provisions, the licensee’s physical                        The Director, NRR, may, in writing,                 submit paper copies of their filings
                                                  protection program will meet the                        relax or rescind this confirmatory order               unless they seek an exemption in
                                                  specific physical protection program                    on demonstration by the licensee of                    accordance with the procedures
                                                  requirements set forth in 10 CFR 73.55,                 good cause.                                            described below.
                                                  ‘‘Requirements for Physical Protection                     This confirmatory order is effective 20                To comply with the procedural
                                                  of Licensed Activities in Nuclear Power                 days after the date of its issuance.                   requirements of E-Filing, the participant
                                                  Reactors against Radiological Sabotage’’                   For further details with respect to this            should contact the Office of the
                                                  (for nuclear power reactors); and in 10                 confirmatory order, see the staff’s safety             Secretary (at least 10 days before the
                                                  CFR 72.212(b)(9), ‘‘Conditions of the                   evaluation contained in a letter dated                 filing deadline) by email to
                                                  General License Issued Under § 72.210,’’                January 5, 2016 (ADAMS Accession                       hearing.docket@nrc.gov or by telephone
                                                  and portions of 10 CFR 73.55,                           Nos. ML14260A166 and                                   at (301) 415–1677 to (1) request a digital
                                                  ‘‘Requirements for Physical Protection                  ML14260A151), which is available for                   ID certificate, which allows the
                                                  of Licensed Activities in Nuclear Power                 public inspection at the Commission’s                  participants (or its counsel or
                                                  Reactors against Radiological Sabotage’’                Public Document Room (PDR), located                    representative) to digitally sign
                                                  (for general-license independent spent                  at One White Flint North, Public File                  documents and access the E-Submittal
                                                  fuel storage installations co-located with              Area 01 F21, 11555 Rockville Pike (first               server for any proceeding in which it is
                                                  a reactor at the reactor site).                         floor), Rockville, Maryland. Publicly                  participating; and (2) advise the
                                                     On January 16, 2015, Exelon                          available documents created or received                Secretary that the participant will be
                                                  consented to the issuance of this order.                at the NRC are accessible electronically               submitting a request or petition for
                                                  The licensee further agreed that this                   through ADAMS in the NRC Library at                    hearing (even in instances in which the
                                                  order will be effective 20 days after the               http://www.nrc.gov/reading-rm/                         participant, or its counsel or
                                                  date of issuance and that it has waived                 adams.html. Persons who do not have                    representative, already holds an NRC-
                                                  its right to a hearing on this order.                   access to ADAMS or who encounter                       issued digital ID certificate). Based on
                                                                                                          problems in accessing the documents                    this information, the Secretary will
                                                  IV.                                                     stored in ADAMS should contact the                     establish an electronic docket for the
                                                     Accordingly, under Sections 53, 103                  NRC PDR reference staff by telephone at                hearing in this proceeding if the
                                                  and/or 104b, 161b, 161i, 161o, 161A,                    1–800–397–4209 or 301–415–4737, or                     Secretary has not already established an
                                                  182, and 186 of the Atomic Energy Act                   by email to pdr.resource@nrc.gov.                      electronic docket.
                                                  of 1954, as amended, and the                               In accordance with 10 CFR 2.202, any                   Information about applying for a
                                                  Commission’s regulations in 10 CFR                      other person adversely affected by this                digital ID certificate is available on
                                                  2.202, ‘‘Orders’’; 10 CFR part 50; 10 CFR               order may submit an answer to this                     NRC’s public Web site at http://
                                                  part 70; and 10 CFR part 72, IT IS                      order within 20 days of its publication                www.nrc.gov/site-help/e-submittals/
                                                  HEREBY ORDERED that:                                    in the Federal Register. In addition, any              getting-started.html. System
                                                     1. The Exelon application for                        other person adversely affected by this                requirements for accessing the E-
                                                  Commission authorization to use                         order may request a hearing on this                    Submittal server are detailed in NRC’s
                                                  Section 161A preemption authority at                    order within 20 days of its publication                ‘‘Guidance for Electronic Submission,’’
                                                  Ginna is approved and permission for                    in the Federal Register. Where good                    which is available on the agency’s
                                                  security personnel to possess and use                   cause is shown, consideration will be                  public Web site at http://www.nrc.gov/
                                                  weapons, devices, ammunition, or other                  given to extending the time to answer or               site-help/e-submittals.html. Participants
                                                  firearms, notwithstanding local, State,                 request a hearing. A request for                       may attempt to use other software not
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                                                  and certain Federal firearms laws                       extension of time must be directed to                  listed on the Web site to file documents,
                                                  (including regulations) that may                        the Director, Office of Enforcement, U.S.              but should note that the NRC’s E-Filing
                                                  prohibit such possession and use, is                    Nuclear Regulatory Commission, and                     system does not support unlisted
                                                  granted.                                                must include a statement of good cause                 software and that the NRC Meta System
                                                     2. The licensee shall review and                     for the extension.                                     Help Desk will not be able to offer
                                                  revise its NRC-approved security plans,                    If a hearing is requested by a person               assistance in using unlisted software.
                                                  as necessary, to describe how the                       whose interest is adversely affected, the                 If a participant is electronically
                                                  requirements of this confirmatory order                 Commission will issue an order                         submitting a document to the NRC in


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                                                  2256                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  accordance with the E-Filing rule, the                  filing requesting authorization to                       Dated at Rockville, Maryland, this 5th
                                                  participant must file the document                      continue to submit documents in paper                  day of January 2016.
                                                  using the NRC’s Web-based online                        format. Such filings must be submitted                   FOR THE NUCLEAR REGULATORY
                                                  submission form. In order to serve                      by: (1) First Class mail addressed to the              COMMISSION.
                                                  documents through the Electronic                        Office of the Secretary of the                         /RA/
                                                  Information Exchange, users will be                     Commission, U.S. Nuclear Regulatory
                                                                                                                                                                 William M. Dean,
                                                  required to install a web browser plug-                 Commission, Washington, DC 20555–
                                                  in from the NRC Web site. Further                       0001, Attention: Rulemaking and                        Director, Office of Nuclear Reactor
                                                  information on the Web-based                            Adjudications Staff; or (2) courier,                   Regulation.
                                                  submission form, including the                          express mail, or expedited delivery                    UNITED STATES OF AMERICA
                                                  installation of the Web browser plug-in,                service to the Office of the Secretary,
                                                  is available on the NRC’s public Web                    Sixteenth Floor, One White Flint North,                NUCLEAR REGULATORY
                                                  site at http://www.nrc.gov/site-help/e-                 11555 Rockville Pike, Rockville, MD                    COMMISSION
                                                  submittals.html.                                        20852, Attention: Rulemaking and                       In the Matter of Pacific Gas and Electric
                                                     Once a participant has obtained a                    Adjudications Staff. Participants filing a             Company (Diablo Canyon Nuclear
                                                  digital ID certificate and a docket has                 document in this manner are                            Power Plant, Units 1 and 2, and DCPP
                                                  been created, the participant can then                  responsible for serving the document on                Independent Spent Fuel Storage
                                                  submit a request for hearing or petition                all other participants. Filing is                      Installation)
                                                  for leave to intervene. Submissions                     considered complete by First Class mail
                                                  should be Portable Document Format                                                                             Docket Nos. 50–275, 50–323, and 72–26
                                                                                                          as of the time of deposit in the mail, or
                                                  (PDF) documents in accordance with                      by courier, express mail, or expedited                 License Nos. DPR–80, DPR–82, and
                                                  NRC guidance available on the NRC                       delivery service on depositing the                     SNM–2511
                                                  public Web site at http://www.nrc.gov/                  document with the provider of the                      EA–14–140
                                                  site-help/e-submittals.html. A filing is                service. A presiding officer, having
                                                  considered complete at the time the                     granted an exemption request from                      CONFIRMATORY ORDER
                                                  documents are submitted through the                     using E-Filing, may require a participant              MODIFYING LICENSE
                                                  NRC’s E-Filing system. To be timely, an                 or party to use E-Filing if the presiding              I.
                                                  electronic filing must be submitted to                  officer subsequently determines that the
                                                  the E-Filing system no later than 11:59                 reason for granting the exemption from                    Pacific Gas and Electric Company
                                                  p.m. eastern time on the due date. On                   use of E-Filing no longer exists.                      (PG&E), is the owner and operator of
                                                  receipt of a transmission, the E-Filing                    Documents submitted in adjudicatory                 Diablo Canyon Nuclear Power Plant
                                                  system time-stamps the document and                     proceedings will appear in the NRC’s                   Units 1 and 2, including the specific-
                                                  sends the submitter an email notice                     electronic hearing docket, available to                license Independent Spent Fuel Storage
                                                  confirming receipt of the document. The                 the public at http://ehd1.nrc.gov/ehd/,                Installation (hereinafter ‘‘DCNPP’’ or
                                                  E-Filing system also distributes an email               unless they are excluded under an order                ‘‘the facility’’), and holder of Facility
                                                  notice that provides access to the                      of the Commission or by the presiding                  Operating License Nos. DPR–80, DPR–
                                                  document to the NRC’s Office of the                     officer. Participants are requested not to             82, and SNM–2511 issued by the U.S.
                                                  General Counsel and any others who                      include personally private information                 Nuclear Regulatory Commission (‘‘NRC’’
                                                  have advised the Office of the Secretary                such as social security numbers, home                  or ‘‘Commission’’) under Title 10,
                                                  that they wish to participate in the                    addresses, or home phone numbers in                    ‘‘Energy,’’ of the Code of Federal
                                                  proceeding, so that the filer need not                  their filings unless an NRC regulation or              Regulations (10 CFR) Part 50, ‘‘Domestic
                                                  serve the documents on those                            other law requires submission of such                  Licensing of Production and Utilization
                                                  participants separately. Therefore,                     information. With respect to                           Facilities’’; Part 70, ‘‘Domestic Licensing
                                                  applicants and other participants (or                   copyrighted works, except for limited                  of Special Nuclear Material’’; and Part
                                                  their counsel or representative) must                   excerpts that serve the purpose of the                 72, ‘‘Licensing Requirements for the
                                                  apply for and receive a digital ID                      adjudicatory filings and would                         Independent Storage of Spent Nuclear
                                                  certificate before a hearing request or                 constitute a Fair Use application,                     Fuel, High-Level Radioactive Waste, and
                                                  petition to intervene is filed so that they             participants are requested not to include              Reactor-Related Greater Than Class C
                                                  can obtain access to the filed documents                copyrighted materials in their                         Waste.’’ The licenses authorize the
                                                  through the E-Filing system.                            submission.                                            operation of DCNPP with the conditions
                                                     A person filing electronically using                    If a person other than the licensee                 specified therein. The facilities are
                                                  the agency’s adjudicatory E-Filing                      requests a hearing, that person shall set              located on the owner’s site in San Luis
                                                  system may seek assistance by                           forth with particularity the manner in                 Obispo County, California.
                                                  contacting the NRC Meta System Help                     which his or her interest is adversely
                                                                                                                                                                 II.
                                                  Desk through the ‘‘Contact Us’’ link                    affected by this order and shall address
                                                  located on the NRC Web site at http://                  the criteria set forth in 10 CFR 2.309(d)                By application dated September 24,
                                                  www.nrc.gov/site-help/e-                                and (f).                                               2013 (Agencywide Documents Access
                                                  submittals.html, by email to                               In the absence of any request for                   and Management System (ADAMS)
                                                  MSHD.Resource@nrc.gov, or by a toll-                    hearing or of written approval of an                   Accession No. ML13268A398), as
                                                  free call to (866) 672–7640. The NRC                    extension of time in which to request a                supplemented by letters dated
                                                  Meta System Help Desk is available                      hearing, the provisions specified in                   December 18, 2013 (security-related),
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                                                  between 8 a.m. and 8 p.m. eastern time,                 Section IV above shall be final 20 days                May 15, 2014 (ADAMS Accession No.
                                                  Monday through Friday, excluding                        from the date of this order without                    ML14135A379), and March 26, 2015
                                                  Government holidays.                                    further order or proceedings. If an                    (ADAMS Accession No. ML15090A278),
                                                     Participants who believe that they                   extension of time for requesting a                     PG&E requested, under Commission
                                                  have a good cause for not submitting                    hearing has been approved, the                         Order EA–13–092, that under the
                                                  documents electronically must file an                   provisions specified in Section IV shall               provisions of Section 161A of the
                                                  exemption request, in accordance with                   be final when the extension expires if a               Atomic Energy Act of 1954, as amended,
                                                  10 CFR 2.302(g), with their initial paper               hearing request has not been received.                 the Commission permit the transfer,


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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                             2257

                                                  receipt, possession, transport, import,                 The requirements needed to exercise the                Office of Nuclear Reactor Regulation,
                                                  and use of certain firearms and large-                  foregoing are set forth in Section IV                  and the Director, Office of Nuclear
                                                  capacity ammunition-feeding devices by                  below.                                                 Material Safety and Safeguards may take
                                                  security personnel who protect a facility                  The NRC staff has found that the                    action to relax or rescind any or all of
                                                  owned or operated by a licensee or                      license modifications set forth in                     the requirements set forth in this
                                                  certificate holder of the Commission                    Section IV are acceptable and necessary.               confirmatory order.
                                                  that is designated by the Commission.                   It further concluded that, with the                       The Directors of the Office of Nuclear
                                                  Section 161A confers on the                             effective implementation of these                      Reactor Regulation and the Office of
                                                  Commission the authority to permit a                    provisions, the licensee’s physical                    Nuclear Materials Safety and Safeguards
                                                  licensee’s security personnel to possess                protection program will meet the                       may, in writing, relax or rescind this
                                                  and use firearms, ammunition, or                        specific physical protection program                   confirmatory order on demonstration by
                                                  devices, notwithstanding State, local,                  requirements set forth in 10 CFR 73.55,                the licensee of good cause.
                                                  and certain Federal firearms laws that                  ‘‘Requirements for Physical Protection                    This confirmatory order is effective 20
                                                  may prohibit such possession and use.                   of Licensed Activities in Nuclear Power                days after the date of its issuance.
                                                     On review of the PG&E application for                Reactors against Radiological Sabotage’’                  For further details with respect to this
                                                  Commission authorization to use                         (for nuclear power reactors) and 10 CFR                confirmatory order, see the staff’s safety
                                                  Section 161A Preemption authority at                    73.55, ‘‘Requirements for Physical                     evaluation contained in a letter dated
                                                  DCNPP, the NRC staff has found the                      Protection of Licensed Activities in                   January 5, 2016 (ADAMS Accession No.
                                                  following:                                              Nuclear Power Reactors against                         ML15029A249), which is available for
                                                     (1) PG&E’s application complies with                 Radiological Sabotage’’ (for specific-                 public inspection at the Commission’s
                                                  the standards and requirements of                       license independent spent fuel storage                 Public Document Room (PDR) located at
                                                  Section 161A and the Commission’s                       installations co-located with a reactor at             One White Flint North, Public File Area
                                                  rules and regulations set forth in 10 CFR               the reactor site).                                     01 F21, 11555 Rockville Pike (first
                                                  part 73, ‘‘Physical Protection of Plants                   On March 26, 2015, PG&E consented                   floor), Rockville, Maryland. Publicly
                                                  and Materials,’’                                        to the issuance of this order. The                     available documents created or received
                                                     (2) There is reasonable assurance that               licensee further agreed that this order                at the NRC are accessible electronically
                                                  the facilities will operate in                          will be effective 20 days after the date               through ADAMS in the NRC Library at
                                                  conformance to the application; the                     of issuance and that it has waived its                 http://www.nrc.gov/reading-rm/
                                                  provisions of the Atomic Energy Act of                  right to a hearing on this order.                      adams.html. Persons who do not have
                                                  1954, as amended; and the rules and                                                                            access to ADAMS or who encounter
                                                                                                          IV.                                                    problems in accessing the documents
                                                  regulations of the Commission,
                                                     (3) There is reasonable assurance that                  Accordingly, under Sections 53, 103                 stored in ADAMS should contact the
                                                  the activities permitted by the proposed                and/or 104b, 161b, 161i, 161o, 161A,                   NRC PDR reference staff by telephone at
                                                  Commission authorization to use                         182, and 186 of the Atomic Energy Act                  1–800–397–4209 or 301–415–4737 or by
                                                  Section 161A preemption authority is                    of 1954, as amended, and the                           email to pdr.resource@nrc.gov.
                                                  consistent with the protection of public                Commission’s regulations in 10 CFR                        In accordance with 10 CFR 2.202, any
                                                  health and safety, and that such                        2.202, ‘‘Orders’’; 10 CFR part 50; 10 CFR              other person adversely affected by this
                                                  activities will be conducted in                         part 70; and 10 CFR part 72, IT IS                     order may submit an answer to this
                                                  compliance with the Commission’s                        HEREBY ORDERED that:                                   order within 20 days of its publication
                                                  regulations and the requirements of this                   1. The PG&E application for                         in the Federal Register. In addition, any
                                                  confirmatory order,                                     Commission authorization to use                        other person adversely affected by this
                                                     (4) The issuance of Commission                       Section 161A preemption authority at                   order may request a hearing on this
                                                  authorization to use Section 161A                       DCNPP is approved, and permission for                  order within 20 days of its publication
                                                  preemption authority will not be                        security personnel to possess and use                  in the Federal Register. Where good
                                                  inimical to the common defense and                      weapons, devices, ammunition, or other                 cause is shown, consideration will be
                                                  security or to the health and safety of                 firearms, notwithstanding local, State,                given to extending the time to answer or
                                                  the public, and                                         and certain Federal firearms laws                      request a hearing. A request for
                                                     (5) The issuance of this Commission                  (including regulations) that may                       extension of time must be directed to
                                                  authorization to use Section 161A                       prohibit such possession and use, is                   the Director, Office of Enforcement, U.S.
                                                  preemption authority will be in                         granted.                                               Nuclear Regulatory Commission, and
                                                  accordance with the Commission’s                           2. The licensee shall review and                    must include a statement of good cause
                                                  regulations in 10 CFR part 51,                          revise its NRC-approved security plans,                for the extension.
                                                  ‘‘Environmental Protection Regulations                  as necessary, to describe how the                         If a hearing is requested by a person
                                                  for Domestic Licensing and Related                      requirements of this confirmatory order                whose interest is adversely affected, the
                                                  Regulatory Functions.’’                                 and other applicable requirements of 10                Commission will issue an order
                                                     The findings set forth above are                     CFR part 73 (including the related                     designating the time and place of any
                                                  supported by an NRC staff safety                        appendices) will be met.                               hearings. If a hearing is held, the issue
                                                  evaluation under Accession Number                          3. The licensee shall establish and                 to be considered at such hearing shall be
                                                  ML15029A249.                                            maintain a program consistent with                     whether this order should be sustained.
                                                                                                          Commission Order EA–13–092 such                           All documents filed in NRC
                                                  III.                                                    that all security personnel who require                adjudicatory proceedings (including a
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                                                     To carry out the statutory authority                 access to firearms in the discharge of                 request for hearing, a petition for leave
                                                  discussed above, the Commission has                     their official duties are subject to a                 to intervene, any motion or other
                                                  determined that the licenses for DCNPP                  firearms background check.                             document filed in the proceeding before
                                                  must be modified to include provisions                     The Commission is engaged in an                     the submission of a request for hearing
                                                  with respect to the Commission                          ongoing rulemaking to implement the                    or petition to intervene, and documents
                                                  authorization to use Section 161A                       Commission’s authority under Section                   filed by interested governmental entities
                                                  preemption authority as identified in                   161A. Subsequent to the effective date                 participating under 10 CFR 2.315(c))
                                                  Section II of this confirmatory order.                  of that final rulemaking, the Director,                must be filed in accordance with the


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                                                  2258                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  NRC E-Filing rule (published at 72 FR                      Once a participant has obtained a                   Adjudications Staff. Participants filing a
                                                  49139 on August 28, 2007). The E-Filing                 digital ID certificate and a docket has                document in this manner are
                                                  process requires participants to submit                 been created, the participant can then                 responsible for serving the document on
                                                  and serve all adjudicatory documents                    submit a request for hearing or petition               all other participants. Filing is
                                                  over the Internet or (in some cases) to                 for leave to intervene. Submissions                    considered complete by First Class mail
                                                  mail copies on electronic storage media.                should be Portable Document Format                     as of the time of deposit in the mail, or
                                                  Participants may not submit paper                       (PDF) documents in accordance with                     by courier, express mail, or expedited
                                                  copies of their filings unless they seek                NRC guidance available on the NRC                      delivery service on depositing the
                                                  an exemption in accordance with the                     public Web site at http://www.nrc.gov/                 document with the provider of the
                                                  procedures described below.                             site-help/e-submittals.html. A filing is               service. A presiding officer, having
                                                     To comply with the procedural                        considered complete at the time the                    granted an exemption request from
                                                  requirements of E-Filing, the participant               documents are submitted through the                    using E-Filing, may require a participant
                                                  should contact the Office of the                        NRC’s E-Filing system. To be timely, an                or party to use E-Filing if the presiding
                                                  Secretary (at least 10 days before the                  electronic filing must be submitted to                 officer subsequently determines that the
                                                  filing deadline) by email to                            the E-Filing system no later than 11:59                reason for granting the exemption from
                                                  hearing.docket@nrc.gov or by telephone                  p.m. eastern time on the due date. On                  use of E-Filing no longer exists.
                                                  at 301–415–1677 to (1) request a digital                receipt of a transmission, the E-Filing                   Documents submitted in adjudicatory
                                                  identification (ID) certificate, which                  system time-stamps the document and                    proceedings will appear in the NRC’s
                                                  allows the participant (or his or her                   sends the submitter an email notice                    electronic hearing docket, available to
                                                  counsel or representative) to digitally                 confirming receipt of the document. The                the public at http://ehd1.nrc.gov/ehd/,
                                                  sign documents and access the E-                        E-Filing system also distributes an email              unless they are excluded under an order
                                                  Submittal server for any proceeding in                  notice that provides access to the                     of the Commission or by the presiding
                                                  which it is participating; and (2) advise               document to the NRC’s Office of the                    officer. Participants are requested not to
                                                  the Secretary that the participant will be              General Counsel and any others who                     include personally private information
                                                  submitting a request or petition for                    have advised the Office of the Secretary               such as social security numbers, home
                                                  hearing (even in instances in which the                 that they wish to participate in the                   addresses, or home phone numbers in
                                                  participant, or his or her counsel or                   proceeding, so that the filer need not                 their filings unless an NRC regulation or
                                                  representative, already holds an NRC-                   serve the documents on those                           other law requires submission of such
                                                  issued digital ID certificate). Based on                participants separately. Therefore,                    information. With respect to
                                                  this information, the Secretary will                    applicants and other participants (or                  copyrighted works, except for limited
                                                  establish an electronic docket for the                  their counsel or representative) must                  excerpts that serve the purpose of the
                                                  hearing in this proceeding if the                       apply for and receive a digital ID                     adjudicatory filings and would
                                                  Secretary has not already established an                certificate before a hearing request or                constitute a Fair Use application,
                                                  electronic docket.                                      petition to intervene is filed so that they            participants are requested not to include
                                                     Information about applying for a                     can obtain access to the filed documents               copyrighted materials in their
                                                  digital ID certificate is available on the              through the E-Filing system.                           submission.
                                                  NRC’s public Web site at http://                           A person filing electronically using                   If a person other than the licensee
                                                  www.nrc.gov/site-help/e-submittals/                     the agency’s adjudicatory E-Filing                     requests a hearing, that person shall set
                                                  getting-started.html. System                            system may seek assistance by                          forth with particularity the manner in
                                                  requirements for accessing the E-                       contacting the NRC Meta System Help                    which his or her interest is adversely
                                                  Submittal server are detailed in the                    Desk through the ‘‘Contact Us’’ link                   affected by this order and shall address
                                                  NRC’s ‘‘Guidance for Electronic                         located on the NRC Web site at http://                 the criteria set forth in 10 CFR 2.309(d)
                                                  Submission,’’ which is available on the                 www.nrc.gov/site-help/e-                               and (f).
                                                  agency’s public Web site at http://                     submittals.html, by email to                              In the absence of any request for
                                                  www.nrc.gov/site-help/e-                                MSHD.Resource@nrc.gov, or by a toll-                   hearing or of written approval of an
                                                  submittals.html. Participants may                       free call to (866) 672–7640. The NRC                   extension of time in which to request a
                                                  attempt to use other software not listed                Meta System Help Desk is available                     hearing, the provisions specified in
                                                  on the Web site to file documents, but                  between 8 a.m. and 8 p.m. eastern time,                Section IV above shall be final 20 days
                                                  they should note that the NRC’s E-Filing                Monday through Friday, excluding                       from the date of this order without
                                                  system does not support unlisted                        Government holidays.                                   further order or proceedings. If an
                                                  software and that the NRC Meta System                      Participants who believe that they                  extension of time for requesting a
                                                  Help Desk will not be able to offer                     have a good cause for not submitting                   hearing has been approved, the
                                                  assistance in using unlisted software.                  documents electronically must file an                  provisions specified in Section IV shall
                                                     If a participant is electronically                   exemption request, in accordance with                  be final when the extension expires if a
                                                  submitting a document to the NRC in                     10 CFR 2.302(g), with their initial paper              hearing request has not been received.
                                                  accordance with the E-Filing rule, the                  filing requesting authorization to
                                                  participant must file the document                      continue to submit documents in paper                     Dated at Rockville, Maryland, this 5th
                                                  using the NRC’s Web-based online                        format. Such filings must be submitted                 day of January 2016.
                                                  submission form. To serve documents                     by: (1) First Class mail addressed to the                 FOR THE NUCLEAR REGULATORY
                                                  through the Electronic Information                      Office of the Secretary of the                         COMMISSION.
                                                  Exchange, users will be required to                     Commission, U.S. Nuclear Regulatory                       /RA/
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                                                  install a Web browser plug-in from the                  Commission, Washington, DC 20555–                      William M. Dean,
                                                  NRC Web site. Further information on                    0001, Attention: Rulemaking and                        Director, Office of Nuclear Reactor
                                                  the Web-based submission form,                          Adjudications Staff; or (2) courier,                   Regulation.
                                                  including the installation of the Web                   express mail, or expedited delivery
                                                  browser plug-in, is available on the                    service to the Office of the Secretary,                   /RA/
                                                  NRC’s public Web site at http://                        16th Floor, One White Flint North,                     Scott W. Moore,
                                                  www.nrc.gov/site-help/e-                                11555 Rockville Pike, Rockville, MD                    Acting Director, Office of Nuclear
                                                  submittals.html.                                        20852, Attention: Rulemaking and                       Material Safety and Safeguards.


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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                             2259

                                                  UNITED STATES OF AMERICA                                personnel to possess and use firearms,                 provisions, the licensee’s physical
                                                  NUCLEAR REGULATORY                                      ammunition, or devices,                                protection program will meet the
                                                  COMMISSION                                              notwithstanding local, State, and certain              specific physical protection program
                                                                                                          Federal firearms laws (including                       requirements set forth in 10 CFR 73.55,
                                                  In the Matter of Southern California                    regulations) that may prohibit such                    ‘‘Requirements for Physical Protection
                                                  Edison Company (San Onofre Nuclear                      possession and use.                                    of Licensed Activities in Nuclear Power
                                                  Generating Station, Units 2 and 3, and                     On review of the SCE application for                Reactors against Radiological Sabotage’’
                                                  Independent Spent Fuel Storage                          Commission authorization to use                        (for nuclear power reactors); in 10 CFR
                                                  Installation)                                           Section 161A preemption authority at                   72.212(b)(9), ‘‘Conditions of the General
                                                  Docket Nos. 50–361, 50–362, and 72–41                   SONGS, the NRC staff has found the                     License Issued Under § 72.210,’’ and
                                                                                                          following:                                             portions of 10 CFR 73.55,
                                                  License Nos. NPF–10 and NPF–15                             (1) SCE’s application complies with                 ‘‘Requirements for Physical Protection
                                                  EA–14–140                                               the standards and requirements of                      of Licensed Activities in Nuclear Power
                                                                                                          Section 161A and the Commission’s                      Reactors against Radiological Sabotage’’
                                                  CONFIRMATORY ORDER                                      rules and regulations set forth in 10 CFR              (for general-license independent spent
                                                  MODIFYING LICENSE                                       part 73, ‘‘Physical Protection of Plants               fuel storage installations co-located with
                                                  I.                                                      and Materials.’’                                       a reactor at the reactor site).
                                                                                                             (2) There is reasonable assurance that                 On March 31, 2015 (ADAMS
                                                     Southern California Edison Company
                                                                                                          the facilities will operate in                         Accession No. ML15092A132) SCE
                                                  (SCE), is the owner and operator of the
                                                                                                          conformance to the application; the                    consented to the issuance of this order.
                                                  San Onofre Nuclear Generating Station,
                                                                                                          provisions of the Atomic Energy Act of                 The licensee further agreed that this
                                                  Units 2 and 3, including the general-
                                                                                                          1954, as amended; and the rules and                    order will be effective 20 days after the
                                                  license Independent Spent Fuel Storage
                                                                                                          regulations of the Commission.                         date of issuance and that it has waived
                                                  Installation (hereinafter ‘‘SONGS’’ or                     (3) There is reasonable assurance that              its right to a hearing on this order.
                                                  ‘‘the facility’’), and holder of Facility               the activities permitted by the proposed
                                                  Operating License Nos. NPF–10, NPF–                                                                            IV.
                                                                                                          Commission authorization to use
                                                  15, and Docket No. 72–41, issued by the                 Section 161A preemption authority is                      Accordingly, under Sections 53, 103
                                                  U.S. Nuclear Regulatory Commission                      consistent with the protection of public               and/or 104b, 161b, 161i, 161o, 161A,
                                                  (‘‘NRC’’ or ‘‘Commission’’) under Title                 health and safety, and that such                       182, and 186 of the Atomic Energy Act
                                                  10, ‘‘Energy,’’ of the Code of Federal                  activities will be conducted in                        of 1954, as amended, and the
                                                  Regulations (10 CFR) Part 50, ‘‘Domestic                compliance with the Commission’s                       Commission’s regulations in 10 CFR
                                                  Licensing of Production and Utilization                 regulations and the requirements of this               2.202, ‘‘Orders’’; 10 CFR part 50; 10 CFR
                                                  Facilities’’; Part 70, ‘‘Domestic Licensing             confirmatory order.                                    part 52, ‘‘Licenses, Certifications, and
                                                  of Special Nuclear Material’’; and Part                    (4) The issuance of Commission                      Approvals for Nuclear Power Plants’’;
                                                  72, ‘‘Licensing Requirements for the                    authorization to use Section 161A                      10 CFR part 70; and 10 CFR part 72, IT
                                                  Independent Storage of Spent Fuel,                      preemption authority will not be                       IS HEREBY ORDERED that:
                                                  High-Level Radioactive Waste, and                       inimical to the common defense and                        1. The SCE application for
                                                  Reactor-Related Greater Than Class C                    security or to the health and safety of                Commission authorization to use
                                                  Waste.’’ The licenses authorize the                     the public.                                            Section 161A preemption authority at
                                                  operation of SONGS with the conditions                     (5) The issuance of this Commission                 SONGS is approved, and permission for
                                                  specified therein. The facilities are                   authorization to use Section 161A                      security personnel to possess and use
                                                  located on the owner’s site in San Diego                preemption authority will be in                        weapons, devices, ammunition, or other
                                                  County, California.                                     accordance with the Commission’s                       firearms, notwithstanding local, State,
                                                  II.                                                     regulations in 10 CFR part 51,                         and certain Federal firearms laws
                                                                                                          ‘‘Environmental Protection Regulations                 (including regulations) that may
                                                     By application dated August 28, 2013                 for Domestic Licensing and Related                     prohibit such possession and use, is
                                                  (Agencywide Documents Access and                        Regulatory Functions.’’                                granted.
                                                  Management System (ADAMS)                                  The findings set forth above are                       2. The licensee shall review and
                                                  Accession No. ML13242A277), as                          supported by an NRC staff safety                       revise its NRC-approved security plans,
                                                  supplemented by letters dated                           evaluation under ADAMS Accession                       as necessary, to describe how the
                                                  December 31, 2013 (ADAMS Accession                      No. ML15027A221.                                       requirements of this confirmatory order
                                                  No. ML14007A496), May 15, 2014                                                                                 and other applicable requirements of 10
                                                  (ADAMS Accession No. ML14139A424),                      III.                                                   CFR part 73, ‘‘Physical Protection of
                                                  and February 10, 2015 (ADAMS                               To carry out the statutory authority                Plants and Materials,’’ to include those
                                                  Accession No. ML15044A047), SCE                         discussed above, the Commission has                    of the appendices of Part 73, will be
                                                  requested, under Commission Order                       determined that the licenses for SONGS                 met.
                                                  EA–13–092, that under the provisions of                 must be modified to include provisions                    3. The licensee shall establish and
                                                  Section 161A of the Atomic Energy Act                   with respect to the Commission                         maintain a program consistent with
                                                  of 1954, as amended, the Commission                     authorization to use Section 161A                      Commission Order EA–13–092 such
                                                  permit the transfer, receipt, possession,               preemption authority as identified in                  that all security personnel who require
                                                  transport, import, and use of certain                   Section II of this confirmatory order.                 access to firearms in the discharge of
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                                                  firearms and large-capacity                             The requirements needed to exercise the                their official duties are subject to a
                                                  ammunition-feeding devices by security                  foregoing are set forth in Section IV                  firearms background check.
                                                  personnel who protect a facility owned                  below.                                                    The Commission is engaged in an
                                                  or operated by a licensee or certificate                   The NRC staff has found that the                    ongoing rulemaking to implement the
                                                  holder of the Commission that is                        license modifications set forth in                     Commission’s authority under Section
                                                  designated by the Commission. Section                   Section IV are acceptable and necessary.               161A. Subsequent to the effective date
                                                  161A confers on the Commission the                      It further concluded that, with the                    of that final rulemaking, the Director,
                                                  authority to permit a licensee’s security               effective implementation of these                      Office of Nuclear Material Safety and


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                                                  2260                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  Safeguards (NMSS) may take action to                    documents over the internet, or in some                submit a request for hearing or petition
                                                  relax or rescind any or all of the                      cases to mail copies on electronic                     for leave to intervene. Submissions
                                                  requirements set forth in this                          storage media. Participants may not                    should be in Portable Document Format
                                                  confirmatory order.                                     submit paper copies of their filings                   (PDF) in accordance with NRC guidance
                                                     The Director, NMSS, may, in writing,                 unless they seek an exemption in                       available on the NRC’s public Web site
                                                  relax or rescind this confirmatory order                accordance with the procedures                         at http://www.nrc.gov/site-help/e-
                                                  on demonstration by the licensee of                     described below.                                       submittals.html. A filing is considered
                                                  good cause.                                                To comply with the procedural                       complete at the time the documents are
                                                     This confirmatory order is effective 20              requirements of E-Filing, at least 10                  submitted through the NRC’s E-Filing
                                                  days after the date of its issuance.                    days prior to the filing deadline, the                 system. To be timely, an electronic
                                                     For further details with respect to this             participant should contact the Office of               filing must be submitted to the E-Filing
                                                  confirmatory order, see the staff’s safety              the Secretary by email at                              system no later than 11:59 p.m. Eastern
                                                  evaluation contained in a letter dated                  hearing.docket@nrc.gov, or by telephone                Time on the due date. Upon receipt of
                                                  January 5, 2016 (ADAMS Accession No.                    at 301–415–1677, to (1) request a digital              a transmission, the E-Filing system
                                                  ML15027A221), which is available for                    identification (ID) certificate, which                 time-stamps the document and sends
                                                  public inspection at the Commission’s                   allows the participant (or its counsel or              the submitter an email notice
                                                  Public Document Room (PDR) located at                   representative) to digitally sign                      confirming receipt of the document. The
                                                  One White Flint North, Public File Area                 documents and access the E-Submittal                   E-Filing system also distributes an email
                                                  01–F21, 11555 Rockville Pike (first                     server for any proceeding in which it is               notice that provides access to the
                                                  floor), Rockville, Maryland. Publicly                   participating; and (2) advise the                      document to the NRC’s Office of the
                                                  available documents created or received                 Secretary that the participant will be                 General Counsel and any others who
                                                  at the NRC are accessible electronically                submitting a request or petition for                   have advised the Office of the Secretary
                                                  through ADAMS in the NRC Library at                     hearing (even in instances in which the                that they wish to participate in the
                                                  http://www.nrc.gov/reading-rm/                          participant, or its counsel or                         proceeding, so that the filer need not
                                                  adams.html. Persons who do not have                     representative, already holds an NRC-                  serve the documents on those
                                                  access to ADAMS or who encounter                        issued digital ID certificate). Based upon             participants separately. Therefore,
                                                  problems in accessing the documents                     this information, the Secretary will                   applicants and other participants (or
                                                  stored in ADAMS should contact the                      establish an electronic docket for the                 their counsel or representative) must
                                                  NRC PDR reference staff by telephone at                 hearing in this proceeding if the                      apply for and receive a digital ID
                                                  1–800–397–4209 or 301–415–4737 or by                    Secretary has not already established an               certificate before a hearing request/
                                                  email to pdr.resource@nrc.gov.                          electronic docket.                                     petition to intervene is filed so that they
                                                     In accordance with 10 CFR 2.202, any                    Information about applying for a                    can obtain access to the document via
                                                  other person adversely affected by this                 digital ID certificate is available on the             the E-Filing system.
                                                  order may submit an answer to this                      NRC’s public Web site at http://                          A person filing electronically using
                                                  order within 20 days of its publication                 www.nrc.gov/site-help/e-submittals/                    the NRC’s adjudicatory E-Filing system
                                                  in the Federal Register. In addition, any               getting-started.html. System                           may seek assistance by contacting the
                                                  other person adversely affected by this                 requirements for accessing the E-                      NRC Meta System Help Desk through
                                                  order may request a hearing on this                     Submittal server are detailed in the                   the ‘‘Contact Us’’ link located on the
                                                  order within 20 days of its publication                 NRC’s ‘‘Guidance for Electronic                        NRC’s public Web site at http://
                                                  in the Federal Register. Where good                     Submission,’’ which is available on the                www.nrc.gov/site-help/e-
                                                  cause is shown, consideration will be                   agency’s public Web site at http://                    submittals.html, by email to
                                                  given to extending the time to answer or                www.nrc.gov/site-help/e-                               MSHD.Resource@nrc.gov, or by a toll-
                                                  request a hearing. A request for                        submittals.html. Participants may                      free call at 1–866–672–7640. The NRC
                                                  extension of time must be directed to                   attempt to use other software not listed               Meta System Help Desk is available
                                                  the Director, Office of Enforcement, U.S.               on the Web site, but should note that the              between 8 a.m. and 8 p.m., Eastern
                                                  Nuclear Regulatory Commission, and                      NRC’s E-Filing system does not support                 Time, Monday through Friday,
                                                  must include a statement of good cause                  unlisted software, and the NRC Meta                    excluding government holidays.
                                                  for the extension.                                      System Help Desk will not be able to                      Participants who believe that they
                                                     If a hearing is requested by a person                offer assistance in using unlisted                     have a good cause for not submitting
                                                  whose interest is adversely affected, the               software.                                              documents electronically must file an
                                                  Commission will issue an order                             If a participant is electronically                  exemption request, in accordance with
                                                  designating the time and place of any                   submitting a document to the NRC in                    10 CFR 2.302(g), with their initial paper
                                                  hearings. If a hearing is held, the issue               accordance with the E-Filing rule, the                 filing requesting authorization to
                                                  to be considered at such hearing shall be               participant must file the document                     continue to submit documents in paper
                                                  whether this Order should be sustained.                 using the NRC’s online, Web-based                      format. Such filings must be submitted
                                                     All documents filed in NRC                           submission form. In order to serve                     by: (1) first class mail addressed to the
                                                  adjudicatory proceedings, including a                   documents through the Electronic                       Office of the Secretary of the
                                                  request for hearing, a petition for leave               Information Exchange System, users                     Commission, U.S. Nuclear Regulatory
                                                  to intervene, any motion or other                       will be required to install a Web                      Commission, Washington, DC 20555–
                                                  document filed in the proceeding prior                  browser plug-in from the NRC’s Web                     0001, Attention: Rulemaking and
                                                  to the submission of a request for                      site. Further information on the Web-                  Adjudications Staff; or (2) courier,
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                                                  hearing or petition to intervene, and                   based submission form, including the                   express mail, or expedited delivery
                                                  documents filed by interested                           installation of the Web browser plug-in,               service to the Office of the Secretary,
                                                  governmental entities participating                     is available on the NRC’s public Web                   Sixteenth Floor, One White Flint North,
                                                  under 10 CFR 2.315(c), must be filed in                 site at http://www.nrc.gov/site-help/e-                11555 Rockville Pike, Rockville,
                                                  accordance with the NRC’s E-Filing rule                 submittals.html.                                       Maryland, 20852, Attention:
                                                  (72 FR 49139; August 28, 2007). The E-                     Once a participant has obtained a                   Rulemaking and Adjudications Staff.
                                                  Filing process requires participants to                 digital ID certificate and a docket has                Participants filing a document in this
                                                  submit and serve all adjudicatory                       been created, the participant can then                 manner are responsible for serving the


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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                                    2261

                                                  document on all other participants.                     NUCLEAR REGULATORY                                     braille, large print), please notify
                                                  Filing is considered complete by first-                 COMMISSION                                             Kimberly Meyer, NRC Disability
                                                  class mail as of the time of deposit in                                                                        Program Manager, at 301–287–0739, by
                                                  the mail, or by courier, express mail, or               [NRC–2016–0001]
                                                                                                                                                                 videophone at 240–428–3217, or by
                                                  expedited delivery service upon                         Sunshine Act Meeting Notice                            email at Kimberly.Meyer-Chambers@
                                                  depositing the document with the                                                                               nrc.gov. Determinations on requests for
                                                  provider of the service. A presiding                    DATE: January 18, 25, February 1, 8, 15,               reasonable accommodation will be
                                                  officer, having granted an exemption                    22, 2016.                                              made on a case-by-case basis.
                                                  request from using E-Filing, may require                PLACE: Commissioners’ Conference                       *     *      *    *      *
                                                  a participant or party to use E-Filing if               Room, 11555 Rockville Pike, Rockville,                    Members of the public may request to
                                                  the presiding officer subsequently                      Maryland.                                              receive this information electronically.
                                                  determines that the reason for granting                                                                        If you would like to be added to the
                                                                                                          STATUS: Public and Closed.
                                                  the exemption from use of E-Filing no                                                                          distribution, please contact the Nuclear
                                                  longer exists.                                          Week of January 18, 2016                               Regulatory Commission, Office of the
                                                     Documents submitted in adjudicatory                    There are no meetings scheduled for                  Secretary, Washington, DC 20555 (301–
                                                  proceedings will appear in the NRC’s                    the week of January 18, 2016.                          415–1969), or email
                                                  electronic hearing docket which is                                                                             Brenda.Akstulewicz@nrc.gov or
                                                  available to the public at http://                      Week of January 25, 2016—Tentative                     Patricia.Jimenez@nrc.gov.
                                                  ehd1.nrc.gov/ehd/, unless excluded                        There are no meetings scheduled for                    Dated: January 13, 2016.
                                                  pursuant to an order of the Commission,                 the week of January 25, 2016.                          Denise L. McGovern,
                                                  or the presiding officer. Participants are                                                                     Policy Coordinator, Office of the Secretary.
                                                  requested not to include personal                       Week of February 1, 2016—Tentative
                                                                                                                                                                 [FR Doc. 2016–00868 Filed 1–13–16; 4:15 pm]
                                                  privacy information, such as social                       There are no meetings scheduled for
                                                                                                                                                                 BILLING CODE 7590–01–P
                                                  security numbers, home addresses, or                    the week of February 1, 2016.
                                                  home phone numbers in their filings,
                                                                                                          Week of February 8, 2016—Tentative
                                                  unless an NRC regulation or other law
                                                  requires submission of such                               There are no meetings scheduled for                  SECURITIES AND EXCHANGE
                                                  information. With respect to                            the week of February 8, 2016.                          COMMISSION
                                                  copyrighted works, except for limited                   Week of February 15, 2016—Tentative                    [Release No. 34–76871; File No. SR–
                                                  excerpts that serve the purpose of the                                                                         NYSEArca–2015–114]
                                                  adjudicatory filings and would                            There are no meetings scheduled for
                                                  constitute a Fair Use application,                      the week of February 15, 2016.                         Self-Regulatory Organizations; NYSE
                                                  participants are requested not to include                                                                      Arca, Inc.; Notice of Filing of
                                                                                                          Week of February 22, 2016—Tentative                    Amendment No. 1 and Order Granting
                                                  copyrighted materials in their
                                                  submission.                                             Tuesday, February 23, 2016                             Accelerated Approval of a Proposed
                                                                                                                                                                 Rule Change, as Modified by
                                                     If a person other than the licensee                  9:30 a.m. Discussion of Management
                                                                                                                                                                 Amendment No. 1, To List and Trade
                                                  requests a hearing, that person shall set                   Issues (Closed—Ex. 2).
                                                                                                                                                                 Shares of the Market Vectors Dynamic
                                                  forth with particularity the manner in                  Thursday, February 25, 2016                            Put Write ETF Under NYSE Arca
                                                  which his or her interest is adversely                                                                         Equities Rule 8.600
                                                  affected by this order and shall address                9:00 a.m. Strategic Programmatic
                                                  the criteria set forth in 10 CFR 2.309(d)                    Overview of the Fuel Facilities and               January 11, 2016.
                                                  and (f).                                                     the Nuclear Material Users Business
                                                                                                               Lines (Public Meeting); (Contact:                 I. Introduction
                                                     In the absence of any request for
                                                                                                               Anita Gray: 301–415–7036).                           On November 16, 2015, NYSE Arca,
                                                  hearing or of written approval of an
                                                                                                             This meeting will be webcast live at                Inc. (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
                                                  extension of time in which to request a
                                                                                                          the Web address—http://www.nrc.gov/.                   with the Securities and Exchange
                                                  hearing, the provisions specified in
                                                                                                          *     *     *    *     *                               Commission (‘‘Commission’’), pursuant
                                                  Section IV above shall be final 20 days
                                                                                                             The schedule for Commission                         to Section 19(b)(1) of the Securities
                                                  from the date of this order without
                                                                                                          meetings is subject to change on short                 Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                  further order or proceedings. If an
                                                                                                          notice. For more information or to verify              19b–4 thereunder,2 a proposed rule
                                                  extension of time for requesting a
                                                                                                          the status of meetings, contact Denise                 change to list and trade shares
                                                  hearing has been approved, the
                                                                                                          McGovern at 301–415–0681 or via email                  (‘‘Shares’’) of the Market Vectors
                                                  provisions specified in Section IV shall
                                                                                                          at Denise.McGovern@nrc.gov.                            Dynamic Put Write ETF (the ‘‘Fund’’)
                                                  be final when the extension expires if a
                                                                                                                                                                 under NYSE Arca Equities Rule 8.600.
                                                  hearing request has not been received.                  *     *     *    *     *                               The proposed rule change was
                                                                                                             The NRC Commission Meeting                          published for comment in the Federal
                                                    Dated at Rockville, Maryland, this 5th
                                                                                                          Schedule can be found on the Internet                  Register on December 4, 2015.3 On
                                                  day of January 2016.
                                                                                                          at http://www.nrc.gov/public-involve/                  December 11, 2015, the Exchange filed
                                                   FOR THE NUCLEAR REGULATORY                             public-meetings/schedule.html.                         Amendment No. 1 to the proposed rule
                                                  COMMISSION.                                             *     *     *    *     *                               change.4 The Commission received no
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                             The NRC provides reasonable
                                                  /RA/                                                    accommodation to individuals with                        1 15 U.S.C. 78s(b)(1).
                                                  Scott Moore,                                            disabilities where appropriate. If you                   2 17 CFR 240.19b–4.
                                                                                                          need a reasonable accommodation to                       3 See Securities Exchange Act Release No. 76530

                                                  Acting Director, Office of Nuclear                      participate in these public meetings, or               (Nov. 30, 2015), 80 FR 75883.
                                                  Material Safety and Safeguards.                         need this meeting notice or the
                                                                                                                                                                   4 In Amendment No. 1, the Exchange clarified: (1)

                                                                                                                                                                 That the Fund may sell or invest in other U.S.
                                                  [FR Doc. 2016–00720 Filed 1–14–16; 8:45 am]             transcript or other information from the               exchange-traded put options on stock indexes, put
                                                  BILLING CODE 7590–01–P                                  public meetings in another format (e.g.                                                          Continued




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Document Created: 2018-02-02 12:31:56
Document Modified: 2018-02-02 12:31:56
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
ActionConfirmatory order; issuance.
DatesEach confirmatory order was issued to the licensees on January 5, 2016. The effective dates are reflected in the attached orders.
ContactSiva P. Lingam, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1564, email: [email protected] .
FR Citation81 FR 2247 

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