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 Range		2247-2261
FR Document		2016-00720

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.

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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: Carol.Gallagher@nrc.gov. 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 pdr.resource@nrc.gov.
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: Siva.Lingam@nrc.gov .

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

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 pdr.resource@nrc.gov.
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 hearing.docket@nrc.gov 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
MSHD.Resource@nrc.gov, 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

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.

[[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 pdr.resource@nrc.gov.
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 hearing.docket@nrc.gov 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
MSHD.Resource@nrc.gov, 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

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.

[[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 pdr.resource@nrc.gov.
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 hearing.docket@nrc.gov 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 MSHD.Resource@nrc.gov, 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

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 pdr.resource@nrc.gov.
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 hearing.docket@nrc.gov 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
MSHD.Resource@nrc.gov, 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

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.

[[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 hearing.docket@nrc.gov 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
MSHD.Resource@nrc.gov, 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

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 pdr.resource@nrc.gov.
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 hearing.docket@nrc.gov, 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
MSHD.Resource@nrc.gov, 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

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.
mstockstill on DSK4VPTVN1PROD with NOTICES

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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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
mstockstill on DSK4VPTVN1PROD with NOTICES

(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
mstockstill on DSK4VPTVN1PROD with NOTICES

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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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
mstockstill on DSK4VPTVN1PROD with NOTICES

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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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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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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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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Document Created: 2018-02-02 12:31:56
Document Modified: 2018-02-02 12:31:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Confirmatory order; issuance.
Dates		Each confirmatory order was issued to the licensees on January 5, 2016. The effective dates are reflected in the attached orders.
Contact		Siva P. Lingam, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1564, email: [email protected] .
FR Citation		81 FR 2247