81_FR_63679 81 FR 63500 - James A. FitzPatrick Nuclear Power Plant; Consideration of Approval of Transfer of License and Conforming Amendment

81 FR 63500 - James A. FitzPatrick Nuclear Power Plant; Consideration of Approval of Transfer of License and Conforming Amendment

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 179 (September 15, 2016)

Page Range63500-63503
FR Document2016-22229

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by Entergy Nuclear Operations, Inc. (ENO), and Exelon Generation Company, LLC (Exelon) on August 18, 2016. The application seeks NRC approval of the direct transfer of DPR-59 and SFGL-12 for James A. FitzPatrick Nuclear Power Plant (FitzPatrick), from the current holder, ENO, to Exelon. The NRC is also considering amending the renewed facility operating license for administrative purposes to reflect the proposed transfer.

Federal Register, Volume 81 Issue 179 (Thursday, September 15, 2016)
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Pages 63500-63503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22229]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-333; NRC-2016-0195]


James A. FitzPatrick Nuclear Power Plant; Consideration of 
Approval of Transfer of License and Conforming Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for direct transfer of license; opportunity to 
comment, request a hearing, and petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an application filed by Entergy Nuclear 
Operations, Inc. (ENO), and Exelon Generation Company, LLC (Exelon) on 
August 18, 2016. The application seeks NRC approval of the direct 
transfer of DPR-59 and SFGL-12 for James A. FitzPatrick Nuclear Power 
Plant (FitzPatrick), from the current holder, ENO, to Exelon. The NRC 
is also considering amending the renewed facility operating license for 
administrative purposes to reflect the proposed transfer.

DATES: Comments must be filed by October 17, 2016. A request for a 
hearing must be filed by October 5, 2016.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0195. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Diane Render, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3629, email: [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 63501]]

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0195 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0195.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
application for the direct license transfer of FitzPatrick is available 
in ADAMS under Accession No. ML16235A081.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2016-0195 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    The NRC is considering the issuance of an order under Sec.  50.80 
of title 10 of the Code of Federal Regulations (10 CFR) approving the 
direct transfer of control of FitzPatrick, currently held by ENO. The 
transfer would be to Exelon. The NRC is also considering amending the 
renewed facility operating licenses for administrative purposes to 
reflect the proposed transfer.
    Following approval of the proposed direct transfer of control of 
the license, Exelon would acquire ownership of the facility. Exelon 
would be responsible for the operation and maintenance of FitzPatrick.
    No physical changes to FitzPatrick or operational changes are being 
proposed in the application.
    The NRC's regulations at 10 CFR 50.80 state that no license, or any 
right thereunder, shall be transferred, directly or indirectly, through 
transfer of control of the license, unless the Commission gives its 
consent in writing. The Commission will approve an application for the 
direct transfer of a license if the Commission determines that the 
proposed transferee is qualified to hold the license, and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission.
    Before issuance of the proposed conforming license amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
or to the license of an Independent Spent Fuel Storage Installation, 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration and no genuine 
issue as to whether the health and safety of the public will be 
significantly affected. No contrary determination has been made with 
respect to this specific license amendment application. In light of the 
generic determination reflected in 10 CFR 2.1315, no public comments 
with respect to significant hazards considerations are being solicited, 
notwithstanding the general comment procedures contained in 10 CFR 
50.91.

III. Opportunity To Comment

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted as described in the ADDRESSES section of this document.

IV. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 20 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and a petition to intervene (petition) 
with respect to issuance of the amendment to the subject facility 
operating license or combined license. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested person(s) should consult a 
current copy of 10 CFR 2.309, which is available at the NRC's PDR, 
located at One White Flint North, Room O1-F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland 20852. The NRC's regulations are 
accessible electronically from the NRC Library on the NRC's Web site at 
http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is 
filed within 20 days, the Commission or a presiding officer designated 
by the Commission or by the Chief Administrative Judge of the Atomic 
Safety and Licensing Board Panel, will rule on the petition; and the 
Secretary or the Chief Administrative Judge of the Atomic Safety and 
Licensing Board will issue a notice of a hearing or an appropriate 
order.
    As required by 10 CFR 2.309, a petition shall set forth with 
particularity the interest of the petitioner in the proceeding, and how 
that interest may be affected by the results of the proceeding. The 
petition should specifically explain the reasons why intervention 
should be permitted with particular reference to the following general 
requirements: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest. The petition 
must also set forth the specific contentions which the petitioner seeks 
to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner shall provide a brief explanation of the bases for the 
contention and a concise statement of the alleged facts or expert 
opinion

[[Page 63502]]

which support the contention and on which the petitioner intends to 
rely in proving the contention at the hearing. The petitioner must also 
provide references to those specific sources and documents of which the 
petitioner is aware and on which the petitioner intends to rely to 
establish those facts or expert opinion to support its position on the 
issue. The petition must include sufficient information to show that a 
genuine dispute exists with the applicant on a material issue of law or 
fact. Contentions shall be limited to matters within the scope of the 
amendment under consideration. The contention must be one which, if 
proven, would entitle the petitioner to relief. A petitioner who fails 
to satisfy these requirements with respect to at least one contention 
will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with the NRC's regulations, policies, and procedures.
    Petitions for leave to intervene must be filed no later than 20 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 20-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i)-(iii).
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1).
    The petition should state the nature and extent of the petitioner's 
interest in the proceeding. The petition should be submitted to the 
Commission by October 5, 2016. The petition must be filed in accordance 
with the filing instructions in the ``Electronic Submissions (E-
Filing)'' section of this document, and should meet the requirements 
for petitions set forth in this section, except that under 10 CFR 
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian Tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Details regarding the opportunity to 
make a limited appearance will be provided by the presiding officer if 
such sessions are scheduled.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene (hereinafter 
``petition''), 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, as amended at 77 
FR 46562, August 3, 2012). The E-Filing process requires participants 
to submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Participants may 
not submit paper copies of their filings unless they seek an exemption 
in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition (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 available on the NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be 
able to offer assistance in using unlisted software.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a petition. 
Submissions should be in Portable Document Format (PDF). Additional 
guidance on PDF submissions is available on the NRC's public Web site 
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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 Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 7 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.

[[Page 63503]]

    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 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, in some instances, a petition will require including 
information on local residence in order to demonstrate a proximity 
assertion of interest in the proceeding. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
participants are requested not to include copyrighted materials in 
their submission.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    For further details with respect to this application, see the 
application dated August 18, 2016.

    Dated at Rockville, Maryland, this 9th day of September 2016.

    For the Nuclear Regulatory Commission.
Diane Render,
Project Manager, Plant Licensing Branch I-1, Division of Operator 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-22229 Filed 9-14-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                63500                    Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices

                                                Collections and Reference Resources                       Place: National Science Foundation                  request a hearing, and petition for leave
                                                grant program submitted to the Division                 (NSF), 4201 Wilson Boulevard,                         to intervene.
                                                of Preservation and Access.                             Arlington, VA 22230.
                                                   12. Date: October 26, 2016.                            To help facilitate your entry into the              SUMMARY:   The U.S. Nuclear Regulatory
                                                   This meeting will discuss                            building, please contact Vickie Fung                  Commission (NRC) received and is
                                                applications on the subjects of U.S.                    (vfung@nsf.gov) on or prior to October                considering approval of an application
                                                History and Civics, for the Public                      10, 2016.                                             filed by Entergy Nuclear Operations,
                                                Humanities Projects—Community                             Type of Meeting: Open.                              Inc. (ENO), and Exelon Generation
                                                Conversations grant program                               Contact Person: Dr. Bernice                         Company, LLC (Exelon) on August 18,
                                                (implementation grants), submitted to                   Anderson, Senior Advisor and CEOSE                    2016. The application seeks NRC
                                                the Division of Public Programs.                        Executive Secretary, Office of                        approval of the direct transfer of DPR–
                                                   13. Date: October 27, 2016.                          Integrative Activities (OIA)/Office of                59 and SFGL–12 for James A.
                                                   This meeting will discuss                            Director, National Science Foundation,                FitzPatrick Nuclear Power Plant
                                                applications on the subject of American                 4201 Wilson Boulevard, Arlington, VA                  (FitzPatrick), from the current holder,
                                                Studies: Media Studies, for the                         22230. Contact Information: 703–292–                  ENO, to Exelon. The NRC is also
                                                Humanities Collections and Reference                    8040/banderso@nsf.gov.                                considering amending the renewed
                                                Resources grant program, submitted to                     Minutes: Meeting minutes and other                  facility operating license for
                                                the Division of Preservation and Access.                information may be obtained from the                  administrative purposes to reflect the
                                                   14. Date: October 27, 2016.                          CEOSE Executive Secretary at the above                proposed transfer.
                                                   This meeting will discuss                            address or the Web site at http://                    DATES: Comments must be filed by
                                                applications on the subject of Culture,                 www.nsf.gov/od/oia/activities/ceose/                  October 17, 2016. A request for a
                                                for Media Projects: Production Grants,                  index.jsp.                                            hearing must be filed by October 5,
                                                submitted to the Division of Public                       Purpose of Meeting: To study data,                  2016.
                                                Programs.                                               programs, policies, and other
                                                   15. Date: October 31, 2016.                                                                                ADDRESSES:   You may submit comments
                                                                                                        information pertinent to the National
                                                   This meeting will discuss                                                                                  by any of the following methods (unless
                                                                                                        Science Foundation and to provide
                                                applications on the subject of Culture                                                                        this document describes a different
                                                                                                        advice and recommendations
                                                for Media Projects: Development Grants,                                                                       method for submitting comments on a
                                                                                                        concerning broadening participation in
                                                submitted to the Division of Public                                                                           specific subject):
                                                                                                        science and engineering.                                 • Federal Rulemaking Web site: Go to
                                                Programs.                                                 Agenda:
                                                   Because these meetings will include                                                                        http://www.regulations.gov and search
                                                                                                        • Opening Statement and Chair Report                  for Docket ID NRC–2016–0195. Address
                                                review of personal and/or proprietary
                                                                                                          by the CEOSE Chair                                  questions about NRC dockets to Carol
                                                financial and commercial information
                                                                                                        • NSF Executive Liaison Report                        Gallagher; telephone: 301–415–3463;
                                                given in confidence to the agency by                    • Updates from the Federal Liaisons
                                                grant applicants, the meetings will be                                                                        email: Carol.Gallagher@nrc.gov. For
                                                                                                        • Panel Presentations: NSF INCLUDES
                                                closed to the public pursuant to sections                                                                     technical questions contact the
                                                                                                          (Inclusion across the Nation of
                                                552b(c)(4) and 552b(c)(6) of Title 5,                                                                         individual listed in the FOR FURTHER
                                                                                                          Communities of Learners of
                                                U.S.C., as amended. The Committee                                                                             INFORMATION CONTACT section of this
                                                                                                          Underrepresented Discovers in
                                                Management Officer, Elizabeth Voyatzis,                                                                       document.
                                                                                                          Engineering and Science)                               • Email comments to:
                                                has made this determination pursuant to                 • Discussion: 2015–2016 CEOSE
                                                the authority granted her by the                                                                              Hearingdocket@nrc.gov. If you do not
                                                                                                          Biennial Report to Congress
                                                Chairman’s Delegation of Authority to                                                                         receive an automatic email reply
                                                                                                        • Discussion: An Accountability System
                                                Close Advisory Committee Meetings                                                                             confirming receipt, then contact us at
                                                                                                          for Broadening Participation in STEM
                                                dated April 15, 2016.                                   • Discussion: Reports by CEOSE                        301–415–1677.
                                                                                                                                                                 • Fax comments to: Secretary, U.S.
                                                  Dated: September 12, 2016.                              Liaisons to NSF Advisory Committees
                                                                                                        • Working Session: Chapter Three of                   Nuclear Regulatory Commission at 301–
                                                Elizabeth Voyatzis,                                                                                           415–1101.
                                                                                                          the 2015–2016 CEOSE Biennial
                                                Committee Management Officer.                                                                                    • Mail comments to: Secretary, U.S.
                                                                                                          Report to Congress
                                                [FR Doc. 2016–22192 Filed 9–14–16; 8:45 am]                                                                   Nuclear Regulatory Commission,
                                                BILLING CODE 7536–01–P                                    Dated: September 12, 2016                           Washington, DC 20555–0001, ATTN:
                                                                                                        Crystal Robinson,                                     Rulemakings and Adjudications Staff.
                                                                                                        Committee Management Officer.                            • Hand deliver comments to: 11555
                                                NATIONAL SCIENCE FOUNDATION                             [FR Doc. 2016–22213 Filed 9–14–16; 8:45 am]           Rockville Pike, Rockville, Maryland
                                                                                                        BILLING CODE 7555–01–P                                20852, between 7:30 a.m. and 4:15 p.m.
                                                Committee on Equal Opportunities in                                                                           (Eastern Time) Federal workdays;
                                                Science and Engineering Notice of                                                                             telephone: 301–415–1677.
                                                Meeting                                                 NUCLEAR REGULATORY                                       For additional direction on obtaining
                                                                                                        COMMISSION                                            information and submitting comments,
                                                  In accordance with the Federal
                                                                                                                                                              see ‘‘Obtaining Information and
                                                Advisory Committee Act (Pub. L. 92–                     [Docket No. 50–333; NRC–2016–0195]                    Submitting Comments’’ in the
                                                463, as amended), the National Science
                                                                                                                                                              SUPPLEMENTARY INFORMATION section of
                                                Foundation announces the following                      James A. FitzPatrick Nuclear Power                    this document.
sradovich on DSK3GMQ082PROD with NOTICES




                                                meeting:                                                Plant; Consideration of Approval of
                                                  Name: Committee on Equal                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                        Transfer of License and Conforming
                                                Opportunities in Science and                                                                                  Diane Render, Office of Nuclear Reactor
                                                                                                        Amendment
                                                Engineering (CEOSE) Advisory                                                                                  Regulation, U.S. Nuclear Regulatory
                                                Committee Meeting (#1173).                              AGENCY:  Nuclear Regulatory                           Commission, Washington, DC 20555–
                                                  Dates/Time: October 13, 2016; 8:00                    Commission.                                           0001; telephone: 301–415–3629, email:
                                                a.m.–Noon; October 14, 2016; 1:30                       ACTION: Application for direct transfer of            Diane.Render@nrc.gov.
                                                p.m.–5:30 p.m.                                          license; opportunity to comment,                      SUPPLEMENTARY INFORMATION:



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                                                                         Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices                                            63501

                                                I. Obtaining Information and                            the Code of Federal Regulations (10                   comments will not otherwise constitute
                                                Submitting Comments                                     CFR) approving the direct transfer of                 part of the decisional record. Comments
                                                                                                        control of FitzPatrick, currently held by             should be submitted as described in the
                                                A. Obtaining Information
                                                                                                        ENO. The transfer would be to Exelon.                 ADDRESSES section of this document.
                                                   Please refer to Docket ID NRC–2016–                  The NRC is also considering amending
                                                0195 when contacting the NRC about                                                                            IV. Opportunity To Request a Hearing
                                                                                                        the renewed facility operating licenses
                                                the availability of information for this                                                                      and Petition for Leave To Intervene
                                                                                                        for administrative purposes to reflect
                                                action. You may obtain publicly-                        the proposed transfer.                                   Within 20 days after the date of
                                                available information related to this                      Following approval of the proposed                 publication of this notice, any persons
                                                action by any of the following methods:                 direct transfer of control of the license,            (petitioner) whose interest may be
                                                   • Federal Rulemaking Web site: Go to                 Exelon would acquire ownership of the                 affected by this action may file a request
                                                http://www.regulations.gov and search                   facility. Exelon would be responsible for             for a hearing and a petition to intervene
                                                for Docket ID NRC–2016–0195.                            the operation and maintenance of                      (petition) with respect to issuance of the
                                                   • NRC’s Agencywide Documents                         FitzPatrick.                                          amendment to the subject facility
                                                Access and Management System                               No physical changes to FitzPatrick or              operating license or combined license.
                                                (ADAMS): You may obtain publicly-                       operational changes are being proposed                Petitions shall be filed in accordance
                                                available documents online in the                       in the application.                                   with the Commission’s ‘‘Agency Rules
                                                ADAMS Public Documents collection at                       The NRC’s regulations at 10 CFR                    of Practice and Procedure’’ in 10 CFR
                                                http://www.nrc.gov/reading-rm/                          50.80 state that no license, or any right             part 2. Interested person(s) should
                                                adams.html. To begin the search, select                 thereunder, shall be transferred, directly            consult a current copy of 10 CFR 2.309,
                                                ‘‘ADAMS Public Documents’’ and then                     or indirectly, through transfer of control            which is available at the NRC’s PDR,
                                                select ‘‘Begin Web-based ADAMS                          of the license, unless the Commission                 located at One White Flint North, Room
                                                Search.’’ For problems with ADAMS,                      gives its consent in writing. The                     O1–F21, 11555 Rockville Pike (first
                                                please contact the NRC’s Public                         Commission will approve an                            floor), Rockville, Maryland 20852. The
                                                Document Room (PDR) reference staff at                  application for the direct transfer of a              NRC’s regulations are accessible
                                                1–800–397–4209, 301–415–4737, or by                     license if the Commission determines                  electronically from the NRC Library on
                                                email to pdr.resource@nrc.gov. The                      that the proposed transferee is qualified             the NRC’s Web site at http://
                                                application for the direct license                      to hold the license, and that the transfer            www.nrc.gov/reading-rm/doc-
                                                transfer of FitzPatrick is available in                 is otherwise consistent with applicable               collections/cfr/. If a petition is filed
                                                ADAMS under Accession No.                               provisions of law, regulations, and                   within 20 days, the Commission or a
                                                ML16235A081.                                            orders issued by the Commission.                      presiding officer designated by the
                                                   • NRC’s PDR: You may examine and                        Before issuance of the proposed                    Commission or by the Chief
                                                purchase copies of public documents at                  conforming license amendment, the                     Administrative Judge of the Atomic
                                                the NRC’s PDR, Room O1–F21, One                         Commission will have made findings                    Safety and Licensing Board Panel, will
                                                White Flint North, 11555 Rockville                      required by the Atomic Energy Act of                  rule on the petition; and the Secretary
                                                Pike, Rockville, Maryland 20852.                        1954, as amended (the Act), and the                   or the Chief Administrative Judge of the
                                                                                                        Commission’s regulations.                             Atomic Safety and Licensing Board will
                                                B. Submitting Comments                                     As provided in 10 CFR 2.1315, unless               issue a notice of a hearing or an
                                                  Please include Docket ID NRC–2016–                    otherwise determined by the                           appropriate order.
                                                0195 in your comment submission.                        Commission with regard to a specific                     As required by 10 CFR 2.309, a
                                                  The NRC cautions you not to include                   application, the Commission has                       petition shall set forth with particularity
                                                identifying or contact information that                 determined that any amendment to the                  the interest of the petitioner in the
                                                you do not want to be publicly                          license of a utilization facility or to the           proceeding, and how that interest may
                                                disclosed in your comment submission.                   license of an Independent Spent Fuel                  be affected by the results of the
                                                The NRC posts all comment                               Storage Installation, which does no                   proceeding. The petition should
                                                submissions at http://www.regulations                   more than conform the license to reflect              specifically explain the reasons why
                                                .gov as well as entering the comment                    the transfer action involves no                       intervention should be permitted with
                                                submissions into ADAMS. The NRC                         significant hazards consideration and no              particular reference to the following
                                                does not routinely edit comment                         genuine issue as to whether the health                general requirements: (1) The name,
                                                submissions to remove identifying or                    and safety of the public will be                      address, and telephone number of the
                                                contact information.                                    significantly affected. No contrary                   petitioner; (2) the nature of the
                                                  If you are requesting or aggregating                  determination has been made with                      petitioner’s right under the Act to be
                                                comments from other persons for                         respect to this specific license                      made a party to the proceeding; (3) the
                                                submission to the NRC, then you should                  amendment application. In light of the                nature and extent of the petitioner’s
                                                inform those persons not to include                     generic determination reflected in 10                 property, financial, or other interest in
                                                identifying or contact information that                 CFR 2.1315, no public comments with                   the proceeding; and (4) the possible
                                                they do not want to be publicly                         respect to significant hazards                        effect of any decision or order which
                                                disclosed in their comment submission.                  considerations are being solicited,                   may be entered in the proceeding on the
                                                Your request should state that the NRC                  notwithstanding the general comment                   petitioner’s interest. The petition must
                                                does not routinely edit comment                         procedures contained in 10 CFR 50.91.                 also set forth the specific contentions
                                                submissions to remove such information                                                                        which the petitioner seeks to have
                                                                                                        III. Opportunity To Comment
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                                                before making the comment                                                                                     litigated at the proceeding.
                                                submissions available to the public or                     Within 30 days from the date of                       Each contention must consist of a
                                                entering the comment submissions into                   publication of this notice, persons may               specific statement of the issue of law or
                                                ADAMS.                                                  submit written comments regarding the                 fact to be raised or controverted. In
                                                                                                        license transfer application, as provided             addition, the petitioner shall provide a
                                                II. Introduction                                        for in 10 CFR 2.1305. The Commission                  brief explanation of the bases for the
                                                   The NRC is considering the issuance                  will consider and, if appropriate,                    contention and a concise statement of
                                                of an order under § 50.80 of title 10 of                respond to these comments, but such                   the alleged facts or expert opinion


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                                                63502                    Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices

                                                which support the contention and on                     recognized Indian Tribe, or agency                    Secretary has not already established an
                                                which the petitioner intends to rely in                 thereof may also have the opportunity to              electronic docket.
                                                proving the contention at the hearing.                  participate under 10 CFR 2.315(c).                       Information about applying for a
                                                The petitioner must also provide                           If a hearing is granted, any person                digital ID certificate is available on the
                                                references to those specific sources and                who does not wish, or is not qualified,               NRC’s public Web site at http://
                                                documents of which the petitioner is                    to become a party to the proceeding                   www.nrc.gov/site-help/e-submittals/
                                                aware and on which the petitioner                       may, in the discretion of the presiding               getting-started.html. System
                                                intends to rely to establish those facts or             officer, be permitted to make a limited               requirements for accessing the E-
                                                expert opinion to support its position on               appearance pursuant to the provisions                 Submittal server are available on the
                                                the issue. The petition must include                    of 10 CFR 2.315(a). A person making a                 NRC’s public Web site at http://
                                                sufficient information to show that a                   limited appearance may make an oral or                www.nrc.gov/site-help/e-submittals/
                                                genuine dispute exists with the                         written statement of position on the                  adjudicatory-sub.html. Participants may
                                                applicant on a material issue of law or                 issues, but may not otherwise                         attempt to use other software not listed
                                                fact. Contentions shall be limited to                   participate in the proceeding. A limited              on the Web site, but should note that the
                                                matters within the scope of the                         appearance may be made at any session                 NRC’s E-Filing system does not support
                                                amendment under consideration. The                      of the hearing or at any prehearing                   unlisted software, and the NRC
                                                contention must be one which, if                        conference, subject to the limits and                 Electronic Filing Help Desk will not be
                                                proven, would entitle the petitioner to                 conditions as may be imposed by the                   able to offer assistance in using unlisted
                                                relief. A petitioner who fails to satisfy               presiding officer. Details regarding the              software.
                                                these requirements with respect to at                   opportunity to make a limited                            Once a participant has obtained a
                                                least one contention will not be                        appearance will be provided by the                    digital ID certificate and a docket has
                                                permitted to participate as a party.                    presiding officer if such sessions are                been created, the participant can then
                                                   Those permitted to intervene become                  scheduled.                                            submit a petition. Submissions should
                                                parties to the proceeding, subject to any                                                                     be in Portable Document Format (PDF).
                                                limitations in the order granting leave to              V. Electronic Submissions (E-Filing)
                                                                                                                                                              Additional guidance on PDF
                                                intervene, and have the opportunity to                     All documents filed in NRC                         submissions is available on the NRC’s
                                                participate fully in the conduct of the                 adjudicatory proceedings, including a                 public Web site at http://www.nrc.gov/
                                                hearing with respect to resolution of                   request for hearing, a petition for leave             site-help/electronic-sub-ref-mat.html. A
                                                that person’s admitted contentions,                     to intervene, any motion or other                     filing is considered complete at the time
                                                including the opportunity to present
                                                                                                        document filed in the proceeding prior                the documents are submitted through
                                                evidence and to submit a cross-
                                                                                                        to the submission of a request for                    the NRC’s E-Filing system. To be timely,
                                                examination plan for cross-examination
                                                                                                        hearing or petition to intervene                      an electronic filing must be submitted to
                                                of witnesses, consistent with the NRC’s
                                                                                                        (hereinafter ‘‘petition’’), and documents             the E-Filing system no later than 11:59
                                                regulations, policies, and procedures.
                                                   Petitions for leave to intervene must                filed by interested governmental entities             p.m. Eastern Time on the due date.
                                                be filed no later than 20 days from the                 participating under 10 CFR 2.315(c),                  Upon receipt of a transmission, the E-
                                                date of publication of this notice.                     must be filed in accordance with the                  Filing system time-stamps the document
                                                Requests for hearing, petitions for leave               NRC’s E-Filing rule (72 FR 49139;                     and sends the submitter an email notice
                                                to intervene, and motions for leave to                  August 28, 2007, as amended at 77 FR                  confirming receipt of the document. The
                                                file new or amended contentions that                    46562, August 3, 2012). The E-Filing                  E-Filing system also distributes an email
                                                are filed after the 20-day deadline will                process requires participants to submit               notice that provides access to the
                                                not be entertained absent a                             and serve all adjudicatory documents                  document to the NRC’s Office of the
                                                determination by the presiding officer                  over the internet, or in some cases to                General Counsel and any others who
                                                that the filing demonstrates good cause                 mail copies on electronic storage media.              have advised the Office of the Secretary
                                                by satisfying the three factors in 10 CFR               Participants may not submit paper                     that they wish to participate in the
                                                2.309(c)(1)(i)–(iii).                                   copies of their filings unless they seek              proceeding, so that the filer need not
                                                   A State, local governmental body,                    an exemption in accordance with the                   serve the documents on those
                                                Federally-recognized Indian Tribe, or                   procedures described below.                           participants separately. Therefore,
                                                agency thereof, may submit a petition to                   To comply with the procedural                      applicants and other participants (or
                                                the Commission to participate as a party                requirements of E-Filing, at least 10                 their counsel or representative) must
                                                under 10 CFR 2.309(h)(1).                               days prior to the filing deadline, the                apply for and receive a digital ID
                                                   The petition should state the nature                 participant should contact the Office of              certificate before a hearing petition to
                                                and extent of the petitioner’s interest in              the Secretary by email at                             intervene is filed so that they can obtain
                                                the proceeding. The petition should be                  hearing.docket@nrc.gov, or by telephone               access to the document via the E-Filing
                                                submitted to the Commission by                          at 301–415–1677, to request (1) a digital             system.
                                                October 5, 2016. The petition must be                   identification (ID) certificate, which                   A person filing electronically using
                                                filed in accordance with the filing                     allows the participant (or its counsel or             the NRC’s adjudicatory E-Filing system
                                                instructions in the ‘‘Electronic                        representative) to digitally sign                     may seek assistance by contacting the
                                                Submissions (E-Filing)’’ section of this                documents and access the E-Submittal                  NRC Electronic Filing Help Desk
                                                document, and should meet the                           server for any proceeding in which it is              through the ‘‘Contact Us’’ link located
                                                requirements for petitions set forth in                 participating; and (2) advise the                     on the NRC’s public Web site at http://
                                                this section, except that under 10 CFR                  Secretary that the participant will be                www.nrc.gov/site-help/e-
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                                                2.309(h)(2) a State, local governmental                 submitting a petition (even in instances              submittals.html, by email to
                                                body, or Federally-recognized Indian                    in which the participant, or its counsel              MSHD.Resource@nrc.gov, or by a toll-
                                                Tribe, or agency thereof does not need                  or representative, already holds an NRC-              free call at 1–866–672–7640. The NRC
                                                to address the standing requirements in                 issued digital ID certificate). Based upon            Electronic Filing Help Desk is available
                                                10 CFR 2.309(d) if the facility is located              this information, the Secretary will                  between 9 a.m. and 7 p.m., Eastern
                                                within its boundaries. A State, local                   establish an electronic docket for the                Time, Monday through Friday,
                                                governmental body, Federally-                           hearing in this proceeding if the                     excluding government holidays.


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                                                                         Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices                                              63503

                                                   Participants who believe that they                   Register and served on the parties to the                • NRC’s Agencywide Documents
                                                have a good cause for not submitting                    hearing.                                              Access and Management System
                                                documents electronically must file an                     For further details with respect to this            (ADAMS): You may obtain publicly-
                                                exemption request, in accordance with                   application, see the application dated                available documents online in the
                                                10 CFR 2.302(g), with their initial paper               August 18, 2016.                                      ADAMS Public Documents collection
                                                filing stating why there is good cause for                 Dated at Rockville, Maryland, this 9th day         at: http://www.nrc.gov/reading-rm/
                                                not filing electronically and requesting                of September 2016.                                    adams.html. To begin the search, select
                                                authorization to continue to submit                        For the Nuclear Regulatory Commission.             ‘‘ADAMS Public Documents’’ and then
                                                documents in paper format. Such filings                 Diane Render,                                         select ‘‘Begin Web-based ADAMS
                                                must be submitted by: (1) First class                                                                         Search.’’ For problems with ADAMS,
                                                                                                        Project Manager, Plant Licensing Branch I–
                                                mail addressed to the Office of the                     1, Division of Operator Reactor Licensing,            please contact the NRC’s Public
                                                Secretary of the Commission, U.S.                       Office of Nuclear Reactor Regulation.                 Document Room (PDR) reference staff
                                                Nuclear Regulatory Commission,                                                                                at: 1–800–397–4209, 301–415–4737, or
                                                                                                        [FR Doc. 2016–22229 Filed 9–14–16; 8:45 am]
                                                Washington, DC 20555–0001, Attention:                                                                         via email to: pdr.resource@nrc.gov. The
                                                                                                        BILLING CODE 7590–01–P
                                                Rulemaking and Adjudications Staff; or                                                                        license transfer Order, the NRC safety
                                                (2) courier, express mail, or expedited                                                                       evaluation supporting the staff’s
                                                delivery service to the Office of the                   NUCLEAR REGULATORY                                    findings, and the conforming license
                                                Secretary, Sixteenth Floor, One White                   COMMISSION                                            amendment are available in ADAMS
                                                Flint North, 11555 Rockville Pike,                                                                            under Accession Nos. ML16123A073,
                                                Rockville, Maryland 20852, Attention:                   [Docket No. 50–302; NRC–2011–0024]                    ML16123A074, and ML16123A057,
                                                Rulemaking and Adjudications Staff.                                                                           respectively.
                                                                                                        In the Matter of Duke Energy Florida,
                                                Participants filing a document in this                                                                           • NRC’s PDR: You may examine and
                                                manner are responsible for serving the                  Inc., and Seminole Electric
                                                                                                                                                              purchase copies of public documents at
                                                document on all other participants.                     Cooperative, Inc., Crystal River Unit 3
                                                                                                                                                              the NRC’s PDR, Room O1–F21, One
                                                Filing is considered complete by first-                 Nuclear Generating Plant
                                                                                                                                                              White Flint North, 11555 Rockville
                                                class mail as of the time of deposit in                 AGENCY: Nuclear Regulatory                            Pike, Rockville, Maryland 20852.
                                                the mail, or by courier, express mail, or               Commission.                                           FOR FURTHER INFORMATION CONTACT: John
                                                expedited delivery service upon
                                                                                                        ACTION: Direct transfer of license; order.            B. Hickman, Office of Nuclear Material
                                                depositing the document with the
                                                                                                                                                              Safety and Safeguards, U.S. Nuclear
                                                provider of the service. A presiding                    SUMMARY:   The U.S. Nuclear Regulatory                Regulatory Commission, Washington,
                                                officer, having granted an exemption                    Commission (NRC) is issuing an order                  DC 20555–0001; telephone: 301–415–
                                                request from using E-Filing, may require                approving the direct transfer of the                  3017, email: John.Hickman@nrc.gov.
                                                a participant or party to use E-Filing if               1.6994 percent of Crystal River Unit 3
                                                the presiding officer subsequently                                                                            SUPPLEMENTARY INFORMATION: The text of
                                                                                                        Nuclear Generating Plant (CR–3)
                                                determines that the reason for granting                                                                       the Order is attached.
                                                                                                        currently owned by Seminole Electric
                                                the exemption from use of E-Filing no                   Cooperative, Inc. (SEC), to Duke Energy                 Dated at Rockville, Maryland, this 1st day
                                                longer exists.                                          Florida, Inc. (DEF). The NRC is also                  of September 2016.
                                                   Documents submitted in adjudicatory                  amending the facility-operating license                 For the U.S. Nuclear Regulatory
                                                proceedings will appear in the NRC’s                    for administrative purposes to reflect                Commission.
                                                electronic hearing docket which is                      the license transfer of the 1.6994 percent            Andrea L. Kock,
                                                available to the public at http://                      ownership from SEC to DEF. The NRC                    Deputy Director, Division of
                                                ehd1.nrc.gov/ehd/, unless excluded                      confirmed that the transfer of the license            Decommissioning, Uranium Recovery and
                                                pursuant to an order of the Commission,                 is otherwise consistent with the                      Waste Programs, Office of Nuclear Material
                                                or the presiding officer. Participants are              applicable provisions of law,                         Safety and Safeguards.
                                                requested not to include personal                       regulations, and orders issued by the                 Attachment—Order Approving the
                                                privacy information, such as social                     Commission. The order approving the                   Transfer of License and Conforming
                                                security numbers, home addresses, or                    transfer of the 1.6994 percent of CR–3                Amendment
                                                home phone numbers in their filings,
                                                                                                        currently owned by SEC, to DEF became
                                                unless an NRC regulation or other law                                                                         United States of America
                                                                                                        effective on August 10, 2016.
                                                requires submission of such
                                                information. However, in some                           DATES: The Order was issued on August                 Nuclear Regulatory Commission
                                                instances, a petition will require                      10, 2016, and is effective for one year.                In the Matter of Duke Energy Florida, Inc.;
                                                including information on local                          ADDRESSES: Please refer to Docket ID                  Crystal River Unit 3 Nuclear Generating Plant
                                                residence in order to demonstrate a                     NRC–2011–0024 when contacting the                     Docket No. 50–302
                                                proximity assertion of interest in the                  NRC about the availability of                         License No. DPR–72
                                                proceeding. With respect to copyrighted                 information regarding this document.
                                                                                                                                                              Order Approving Transfer of License and
                                                works, except for limited excerpts that                 You may obtain publicly available                     Conforming Amendment
                                                serve the purpose of the adjudicatory                   information related to this document
                                                filings and would constitute a Fair Use                 using any of the following methods:                   I.
                                                application, participants are requested                    • Federal Rulemaking Web site: Go to                 Duke Energy Florida, Inc. (DEF or the
                                                not to include copyrighted materials in                 http://www.regulations.gov and search                 applicant) and Seminole Electric
                                                                                                        for Docket ID NRC–2011–0024. Address                  Cooperative, Inc., are holders of Facility
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                                                their submission.
                                                   The Commission will issue a notice or                questions about NRC dockets to Carol                  Operating License No. DPR–72, which
                                                                                                        Gallagher; telephone: 301–415–3463; or                authorizes the possession of the Crystal River
                                                order granting or denying a hearing
                                                                                                                                                              Unit 3 Nuclear Generating Plant (CR–3).
                                                request or intervention petition,                       via email: Carol.Gallagher@nrc.gov. For               Facility Operating License No. DPR–72 also
                                                designating the issues for any hearing                  technical questions, contact the                      authorizes DEF (currently owner of 98.3006
                                                that will be held and designating the                   individual listed in the FOR FURTHER                  percent of CR–3) to use and operate CR–3.
                                                Presiding Officer. A notice granting a                  INFORMATION CONTACT section of this                   CR–3 is located in Red Level, Florida, in
                                                hearing will be published in the Federal                document.                                             Citrus County, about 5 miles south of Levy



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Document Created: 2018-02-09 13:18:22
Document Modified: 2018-02-09 13:18:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionApplication for direct transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene.
DatesComments must be filed by October 17, 2016. A request for a hearing must be filed by October 5, 2016.
ContactDiane Render, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3629, email: [email protected]
FR Citation81 FR 63500 

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