81 FR 68462 - Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1 and 2; Consideration of Indirect License Transfer
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 192 (October 4, 2016)
Federal Register Volume 81, Issue 192 (October 4, 2016)
| Page Range | 68462-68466 | |
| FR Document | 2016-23955 |
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)] [Notices] [Pages 68462-68466] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23955] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-387, 50-388, and 72-28; NRC-2016-0187] Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1 and 2; Consideration of Indirect License Transfer AGENCY: Nuclear Regulatory Commission. ACTION: Application for indirect license transfer; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by Susquehanna Nuclear, LLC (Susquehanna Nuclear), on June 29, 2016. The application seeks NRC approval of the indirect transfer of Susquehanna Nuclear's interests in Renewed Facility Operating License Nos. NPF-14 and NPF-22 for Susquehanna Steam Electric Station, Units 1 and 2 (SSES), respectively, as well as the general license for the SSES Independent Spent Fuel Storage Installation (ISFSI), from the current parent holder, Talen Energy Corporation (Talen), to Riverstone Holdings, LLC (Riverstone). Because the application contains sensitive unclassified non-safeguards information (SUNSI) an order imposes procedures to obtain access to SUNSI for contention preparation. [[Page 68463]] DATES: Comments must be filed by November 3, 2016. A request for a hearing must be filed by October 24, 2016. Any potential party as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who believes access to SUNSI is necessary to respond to this notice must request document access by October 14, 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-2016-0187. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; e-mail: [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: Tanya E. Hood, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-1387; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0187 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-2016-0187. 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]. A publicly-available version of the application is available in ADAMS under Package Accession No. ML16181A414. 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-2016-0187 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 will post all comment submissions at http://www.regulations.gov as well as enter 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 10 CFR 50.80 approving the indirect transfer of control of Susquehanna Nuclear's interests in Renewed Facility Operating License Nos. NPF-14 and NPF-22 for SSES, as well as the general license for the ISFSI from Talen to Riverstone. Riverstone's portfolio companies currently hold 35 percent in the aggregate of the outstanding common stock of Talen. According to the application for approval filed by Susquehanna Nuclear, acting on behalf of itself and Riverstone, the indirect transfer of control results from a transaction in which Talen, Susquehanna Nuclear's ultimate parent, will become wholly owned by the portfolio companies of Riverstone. As a result, all of the common stock of Talen will become privately held by affiliates of Riverstone, and Susquehanna Nuclear will become indirectly controlled by Riverstone as described in the application. Riverstone would acquire ownership of Susquehanna Nuclear's 90 percent interest in SSES. Susquehanna Nuclear will continue to operate the facility and hold the licenses. No physical changes to SSES or operational changes are being proposed in the application. The NRC's regulations at 10 CFR 50.80 state that no license for a production or utilization facility, 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 indirect transfer of a license if the Commission determines that the proposed transaction, described above, will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission. 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 the action. Petitions shall be filed in accordance with the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part 2. Interested persons 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:// [[Page 68464]] 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 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 proceeding. 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 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 24, 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, [[Page 68465]] 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. 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, see the application dated June 29, 2016. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing SUNSI. B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request such access. A ``potential party'' is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requestor shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are [email protected] and [email protected], respectively.\1\ The request must include the following information: --------------------------------------------------------------------------- \1\ While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's ``E-Filing Rule,'' the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. --------------------------------------------------------------------------- (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requestor's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement [[Page 68466]] or Affidavit, or Protective Order \2\ setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. --------------------------------------------------------------------------- \2\ Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. --------------------------------------------------------------------------- F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 20 days after the requestor is granted access to that information. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff either after a determination on standing and need for access, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requestor may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) an officer if that officer has been designated to rule on information access issues. H. Review of Grants of Access. A party other than the requestor may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.\3\ --------------------------------------------------------------------------- \3\ Requestors should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. --------------------------------------------------------------------------- I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have proposed contentions meeting the specificity and basis requirements in 10 CFR part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated at Rockville, Maryland, this 28th day of September, 2016. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding ------------------------------------------------------------------------ Day Event/activity ------------------------------------------------------------------------ 0........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10....................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 20....................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 20....................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25....................... If NRC staff finds no ``need'' or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ``need'' for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30....................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40....................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non- Disclosure Affidavit. Deadline for applicant/ licensee to file Non-Disclosure Agreement for SUNSI. A........................ If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3.................... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 23................... Deadline for submission of contentions whose development depends upon access to SUNSI. A + 48................... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 55................... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 55.................. Decision on contention admission. ------------------------------------------------------------------------ [FR Doc. 2016-23955 Filed 10-3-16; 8:45 am] BILLING CODE 7590-01-P
![68462 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices
Members of the public desiring to NUCLEAR REGULATORY present oral statements can be obtained
provide oral statements and/or written COMMISSION from the Web site cited above or by
comments should notify the Designated contacting the identified DFO.
Federal Official (DFO), Kathy Weaver Advisory Committee on Reactor Moreover, in view of the possibility that
(Telephone: 301–415–6236 or Email: Safeguards (ACRS); Meeting of the the schedule for ACRS meetings may be
Kathy.Weaver@nrc.gov) five days prior ACRS Subcommittee on Fukushima; adjusted by the Chairman as necessary
to the meeting, if possible, so that Notice of Meeting to facilitate the conduct of the meeting,
appropriate arrangements can be made. persons planning to attend should check
The ACRS Subcommittee on
Thirty-five hard copies of each with these references if such
Fukushima will hold a meeting on
presentation or handout should be rescheduling would result in a major
October 19, 2016, Room T–2B1, 11545
provided to the DFO thirty minutes inconvenience.
Rockville Pike, Rockville, Maryland
before the meeting. In addition, one If attending this meeting, please enter
20852.
The meeting will be open to public through the One White Flint North
electronic copy of each presentation
attendance. building, 11555 Rockville Pike,
should be emailed to the DFO one day
The agenda for the subject meeting Rockville, Maryland 20852. After
before the meeting. If an electronic copy registering with Security, please contact
cannot be provided within this shall be as follows:
Mr. Theron Brown (Telephone: 240–
timeframe, presenters should provide Wednesday, October 19, 2016—8:30 888–9835) to be escorted to the meeting
the DFO with a CD containing each p.m. Until 12:00 p.m. room.
presentation at least thirty minutes
The Subcommittee will discuss Dated: September 27, 2016.
before the meeting. Electronic
guidance on mitigating strategies John Lai,
recordings will be permitted only
assessment for new seismic information Acting Chief, Technical Support Branch,
during those portions of the meeting and the status of the mitigation of Advisory Committee on Reactor Safeguards.
that are open to the public. Detailed beyond-design-basis events rulemaking. [FR Doc. 2016–23953 Filed 10–3–16; 8:45 am]
procedures for the conduct of and The Subcommittee will hear BILLING CODE 7590–01–P
participation in ACRS meetings were presentations by and hold discussions
published in the Federal Register on with the NRC staff and other interested
October 21, 2015 (80 FR 63846). persons regarding this matter. The NUCLEAR REGULATORY
Detailed meeting agendas and meeting Subcommittee will gather information, COMMISSION
transcripts are available on the NRC analyze relevant issues and facts, and
formulate proposed positions and [Docket Nos. 50–387, 50–388, and 72–28;
Web site at http://www.nrc.gov/reading- NRC–2016–0187]
rm/doc-collections/acrs. Information actions, as appropriate, for deliberation
regarding topics to be discussed, by the Full Committee. Susquehanna Nuclear, LLC;
changes to the agenda, whether the Members of the public desiring to Susquehanna Steam Electric Station,
meeting has been canceled or provide oral statements and/or written Units 1 and 2; Consideration of Indirect
rescheduled, and the time allotted to comments should notify the Designated License Transfer
present oral statements can be obtained Federal Official (DFO), Mike Snodderly
(Telephone: 301–415–2241 or Email: AGENCY: Nuclear Regulatory
from the Web site cited above or by
Mike.Snodderly@nrc.gov) five days prior Commission.
contacting the identified DFO.
to the meeting, if possible, so that ACTION: Application for indirect license
Moreover, in view of the possibility that appropriate arrangements can be made.
the schedule for ACRS meetings may be transfer; notice of opportunity to
Thirty-five hard copies of each comment, request a hearing, and
adjusted by the Chairman as necessary presentation or handout should be
to facilitate the conduct of the meeting, petition for leave to intervene; order
provided to the DFO thirty minutes imposing procedures.
persons planning to attend should check before the meeting. In addition, one
with these references if such electronic copy of each presentation SUMMARY: The U.S. Nuclear Regulatory
rescheduling would result in a major should be emailed to the DFO one day Commission (NRC) received and is
inconvenience. before the meeting. If an electronic copy considering approval of an application
If attending this meeting, please enter cannot be provided within this filed by Susquehanna Nuclear, LLC
through the One White Flint North timeframe, presenters should provide (Susquehanna Nuclear), on June 29,
building, 11555 Rockville Pike, the DFO with a CD containing each 2016. The application seeks NRC
Rockville, Maryland 20852. After presentation at least thirty minutes approval of the indirect transfer of
registering with Security, please contact before the meeting. Electronic Susquehanna Nuclear’s interests in
Mr. Theron Brown (Telephone: 240– recordings will be permitted only Renewed Facility Operating License
888–9835) to be escorted to the meeting during those portions of the meeting Nos. NPF–14 and NPF–22 for
that are open to the public. Detailed Susquehanna Steam Electric Station,
room.
procedures for the conduct of and Units 1 and 2 (SSES), respectively, as
Dated: September 27, 2016. participation in ACRS meetings were well as the general license for the SSES
John Lai, published in the Federal Register on Independent Spent Fuel Storage
Acting Chief, Technical Support Branch, October 21, 2015 (80 FR 63846). Installation (ISFSI), from the current
Detailed meeting agendas and meeting parent holder, Talen Energy Corporation
mstockstill on DSK3G9T082PROD with NOTICES
Advisory Committee on Reactor Safeguards.
[FR Doc. 2016–23952 Filed 10–3–16; 8:45 am] transcripts are available on the NRC (Talen), to Riverstone Holdings, LLC
BILLING CODE 7590–01–P
Web site at http://www.nrc.gov/reading- (Riverstone). Because the application
rm/doc-collections/acrs. Information contains sensitive unclassified non-
regarding topics to be discussed, safeguards information (SUNSI) an
changes to the agenda, whether the order imposes procedures to obtain
meeting has been canceled or access to SUNSI for contention
rescheduled, and the time allotted to preparation.
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![68466 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices
or Affidavit, or Protective Order 2 setting has been appointed, the Chief such NRC staff determinations (whether
forth terms and conditions to prevent Administrative Judge, or if he or she is granting or denying access) is governed
the unauthorized or inadvertent unavailable, another administrative by 10 CFR 2.311.3
disclosure of SUNSI by each individual judge, or an administrative law judge I. The Commission expects that the
who will be granted access to SUNSI. with jurisdiction pursuant to 10 CFR NRC staff and presiding officers (and
F. Filing of Contentions. Any 2.318(a); or (c) an officer if that officer any other reviewing officers) will
contentions in these proceedings that has been designated to rule on consider and resolve requests for access
are based upon the information received information access issues. to SUNSI, and motions for protective
as a result of the request made for H. Review of Grants of Access. A orders, in a timely fashion in order to
SUNSI must be filed by the requestor no party other than the requestor may minimize any unnecessary delays in
later than 20 days after the requestor is challenge an NRC staff determination identifying those petitioners who have
granted access to that information. granting access to SUNSI whose release
G. Review of Denials of Access. standing and who have proposed
(1) If the request for access to SUNSI would harm that party’s interest contentions meeting the specificity and
is denied by the NRC staff either after independent of the proceeding. Such a basis requirements in 10 CFR part 2.
a determination on standing and need challenge must be filed with the Chief Attachment 1 to this Order summarizes
for access, the NRC staff shall Administrative Judge within 5 days of the general target schedule for
immediately notify the requestor in the notification by the NRC staff of its processing and resolving requests under
writing, briefly stating the reason or grant of access. these procedures.
reasons for the denial. If challenges to the NRC staff It is so ordered.
(2) The requestor may challenge the determinations are filed, these
Dated at Rockville, Maryland, this 28th day
NRC staff’s adverse determination by procedures give way to the normal
of September, 2016.
filing a challenge within 5 days of process for litigating disputes
receipt of that determination with: (a) concerning access to information. The For the Nuclear Regulatory Commission.
The presiding officer designated in this availability of interlocutory review by Annette L. Vietti-Cook,
proceeding; (b) if no presiding officer the Commission of orders ruling on Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/activity
0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-
structions for access requests.
10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
20 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-
forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
essing (preparation of redactions or review of redacted documents).
25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
tive order.
A + 23 ............... Deadline for submission of contentions whose development depends upon access to SUNSI.
A + 48 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 55 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 55 ............. Decision on contention admission.
mstockstill on DSK3G9T082PROD with NOTICES
[FR Doc. 2016–23955 Filed 10–3–16; 8:45 am]
BILLING CODE 7590–01–P
2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline 46562; August 3, 2012) apply to appeals of NRC
Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. staff determinations (because they must be served
be filed with the presiding officer or the Chief 3 Requestors should note that the filing on a presiding officer or the Commission, as
Administrative Judge if the presiding officer has not requirements of the NRC’s E-Filing Rule (72 FR applicable), but not to the initial SUNSI request
49139; August 28, 2007, as amended at 77 FR submitted to the NRC staff under these procedures.
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Document Created: 2016-10-04 03:03:27
Document Modified: 2016-10-04 03:03:27
| 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 | Application for indirect license transfer; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures. | |
| Dates | Comments must be filed by November 3, 2016. A request for a hearing must be filed by October 24, 2016. Any potential party as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who believes access to SUNSI is necessary to respond to this notice must request document access by October 14, 2016. | |
| Contact | Tanya E. Hood, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-1387; email: [email protected] | |
| FR Citation | 81 FR 68462 |
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