81_FR_70368 81 FR 70172 - In the Matter of Southern Nuclear Operating Co., Inc.; Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2

81 FR 70172 - In the Matter of Southern Nuclear Operating Co., Inc.; Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70172-70175
FR Document2016-24463

The U.S. Nuclear Regulatory Commission (NRC) is issuing a confirmatory order (Order) to revise the Edwin I. Hatch Nuclear Plant Unit Nos. 1 and 2 (Hatch) National Fire Protection Association (NFPA) 805 License Amendment Request submittal date of October 4, 2016 to April 4, 2018. This new submittal date extends enforcement discretion until April 4, 2018, and supports the Southern Nuclear Operating Company, Inc. (the licensee) continued progress in activities related to the transition to NFPA 805.

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70172-70175]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24463]


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

[Docket Nos. 50-321 and 50-366; EA-16-163; NRC-2016-0209]


In the Matter of Southern Nuclear Operating Co., Inc.; Edwin I. 
Hatch Nuclear Plant, Unit Nos. 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
confirmatory order (Order) to revise the Edwin I. Hatch Nuclear Plant 
Unit Nos. 1 and 2 (Hatch) National Fire Protection Association (NFPA) 
805 License Amendment Request submittal date of October 4, 2016 to 
April 4, 2018. This new submittal date extends enforcement discretion 
until April 4, 2018, and supports the Southern Nuclear Operating 
Company, Inc. (the licensee) continued progress in activities related 
to the transition to NFPA 805.

DATES: The confirmatory order was issued on October 3, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0209 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0209. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about this order, 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Gerald Gulla, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; 
telephone: 301-415-2872, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 3rd day of October 2016.


[[Page 70173]]


    For the Nuclear Regulatory Commission.

Patricia K. Holahan,
Director, Office of Enforcement.

United States of America Nuclear Regulatory Commission

In the Matter of Southern Nuclear Operating Co., Inc.; (Edwin I. Hatch 
Nuclear Plant, Unit Nos. 1 and 2)

[Docket Nos. 50-321 and 50-366; EA-16-163; License Nos. DPR-57 and NPF-
5]

Confirmatory Order Modifying License

I

    Southern Nuclear Operating Company, Inc. (SNC, the licensee) is the 
holder of Facility Operating License Nos. DPR-57 and NPF-5 issued by 
the U.S. Nuclear Regulatory Commission (NRC) pursuant to Part 50 of 
title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
Licensing of Production and Utilization Facilities,'' on August 6, 1974 
and June 13, 1978, respectively. The licenses authorize the operation 
of the Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2 (HNP), in 
accordance with conditions specified therein. HNP is located in Appling 
County, Georgia.

II

    In a letter dated October 4, 2013 (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML13280A299), SNC notified the 
U. S. Nuclear Regulatory Commission (NRC) of its intent to adopt 
National Fire Protection Association (NFPA) Standard 805, ``Performance 
Based Standard for Fire Protection for Light Water Reactor Electric 
Generating Plants, 2001 Edition,'' at HNP in accordance with 10 CFR 
50.48(c). In this October letter, SNC committed to commence its 
transition to the performance-based standard in the last quarter of 
2013, and submit its license amendment request (LAR) approximately 36 
months after the transition start date, which would be October 4, 2016.
    On July 12, 2011, the NRC published in the Federal Register (76 FR 
40777) the latest revision to its Interim Enforcement Policy (Policy) 
regarding enforcement discretion for certain fire protection issues, 
allowing licensees to request enforcement discretion for pursuing 
transition to NFPA 805. The Policy states, in general, that enforcement 
discretion starts on the date of the letter of intent and ends 3 years 
after that initial start date. Once an acceptable LAR is submitted and 
under review, enforcement discretion will continue to be in place until 
the NRC dispositions the LAR.
    In a letter dated December 2, 2013 (ADAMS Accession No. 
ML13322B259), the NRC staff acknowledged SNC October 4, 2013, letter of 
intent to adopt NFPA 805 and approved enforcement discretion for 36 
months starting on October 4, 2013.

III

    On February 24, 2012, NRC staff issued SECY-12-0031, ``Enforcement 
Alternatives for Sites that Indicate Additional Time Required to Submit 
Their License Amendment Requests to Transition to 10 CFR 50.48(c) 
National Fire Protection Association Standard 805.'' In SECY-12-0031, 
the NRC staff identified enforcement alternatives for licensees that 
indicate additional time is required to submit their LAR to transition 
to NFPA 805. SECY-12-0031 describes three possible scenarios if delays 
occur. In Scenario A.1, licensees may request to change the submittal 
schedule by substituting one site for another. In Scenario A.2, the NRC 
staff could issue a confirmatory order that would extend enforcement 
discretion if the licensee provides adequate justification. In Scenario 
B, the licensee does not submit an acceptable LAR by its scheduled date 
and does not meet the alternatives described in Scenario A.1 or A.2.
    In a public meeting on June 21, 2016 (ADAMS Accession No. 
ML16179A186), between the NRC and SNC, the licensee described its 
progress for transitioning HNP to NFPA 805. SNC also informed the NRC 
that an extension of the schedule for its LAR submittal is needed to 
allow appropriate development of its Fire Probabilistic Risk Assessment 
(FPRA) model. In a letter dated July 6, 2016 (ADAMS Accession No. 
ML16188A341), SNC requested to extend its LAR submittal date 18 months 
from October 4, 2016, to April 4, 2018, in accordance with Scenario A.2 
of SECY-12-0031.
    In the July 6, 2016 letter, SNC provided the justification for 
revising the LAR submittal date. The extension is necessary to complete 
development of the FPRA model, to allow appropriate coordination and 
implementation of design modifications at HNP, and to incorporate those 
modifications into the fire PRA that support the NFPA 805 transition. 
The NRC staff reviewed the SNC's letter that discussed its NFPA 805 
transition progress, physical modifications, monitoring program, LAR 
status, and major project milestones supporting submittal of the NFPA 
805 LAR in April 2018.
    The NRC has determined that, based on the above, the HNP NFPA 805 
enforcement discretion along with the LAR submittal date should be 
extended. This Order is being issued to revise the HNP NFPA 805 LAR 
submittal date from October 4, 2016, to April 4, 2018. This new 
submittal date supports SNC's continued progress in activities related 
to the transition to NFPA 805, as described in their letter dated July 
6, 2016.
    SNC may, at any time, cease its transition to NFPA 805 and comply 
with HNP's existing licensing basis and the regulations set forth in 10 
CFR 50.48, as applicable. As indicated in the Enforcement Policy, if 
SNC decides not to complete the transition to 10 CFR 50.48(c), it must 
submit a letter stating its intent to retain its existing licensing 
basis and withdraw its letter of intent to comply with 10 CFR 50.48(c). 
If SNC fails to meet the new LAR submittal date and fails to comply 
with its existing licensing basis, the NRC will take appropriate 
enforcement action, consistent with its Enforcement Policy.
    On September 22, 2016, SNC consented to issuing this Order, as 
described in Section V below. SNC further agreed that this Order will 
be effective upon issuance and that it has waived its rights to a 
hearing.

IV

    Based on the licensee's current status, scheduled key activities, 
and planned modifications, the NRC has determined that the licensee has 
provided adequate justification for its commitment given in Section V, 
and, thus, for the extension of enforcement discretion. Because the 
licensee will continue to perform modifications to reduce current fire 
risk in parallel with the development of its NFPA 805 LAR, the NRC 
staff finds this acceptable to ensure public health and safety. Based 
on the above and SNC's consent, this Order is effective upon issuance.

V

    Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended (the Act), and the 
Commission's regulations in 10 CFR 2.202, ``Orders,'' it is hereby 
ordered that license nos. DPR-57 and NPF-5 are modified as follows:
    A. SNC will submit an acceptable license amendment request for 
Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2, to adopt NFPA Standard 
805 by no later than April 4, 2018.
    B. SNC will continue to receive enforcement discretion until April 
4, 2018. If the NRC finds that the license amendment request is not 
acceptable, the NRC will take steps consistent with the Enforcement 
Policy.

[[Page 70174]]

    The Director of the Office of Enforcement, in consultation with the 
Director of the Office of Nuclear Reactor Regulation, may, in writing, 
relax or rescind any of the above conditions upon demonstration by the 
licensee of good cause.

VI

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Order, other than SNC, may request a hearing 
within 30 days of the issuance date of this Order. Where good cause is 
shown, consideration will be given to extending the time to request a 
hearing. A request for extension of time must be directed to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
and include a statement of good cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007), as amended by 77 FR 46562; August 3, 2012 (codified 
in pertinent part at 10 CFR part 2, subpart C). 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 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to (1) request a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. System requirements for accessing the E-Submittal 
server are detailed in NRC's ``Guidance for Electronic Submission,'' 
which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to 
use other software not listed on the Web site, but should note that the 
NRC's E-Filing system does not support unlisted software, and the NRC 
Meta System Help Desk will not be able to offer assistance in using 
unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene through the EIE. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. Eastern Time (ET) 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, 
any others who wish to participate in the proceeding (or their counsel 
or representative) must apply for and receive a digital ID certificate 
before a hearing request/petition to intervene is filed so that they 
can obtain access to the document via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8:00 a.m. and 8:00 p.m., 
ET, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, in some instances, a request to intervene will require 
including information on local residence in order to demonstrate a 
proximity assertion of interest in the proceeding. With respect to 
copyrighted

[[Page 70175]]

works, participants are requested not to include copyrighted materials 
in their submission, except for limited excerpts that serve the purpose 
of the adjudicatory filings and would constitute a Fair Use 
application.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue a separate Order designating the 
time and place of any hearings, as appropriate. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be final 30 days after issuance of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section V shall be final when the extension expires if a 
hearing request has not been received.

Dated at Rockville, Maryland, this 3rd day of October 2016.

For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement

[FR Doc. 2016-24463 Filed 10-7-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                    70172                        Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                    Arlington, VA 22230. Telephone: (703)                   David Tochen, General Counsel,                        Amendment Request submittal date of
                                                    292–7000.                                                 National Transportation Safety Board                October 4, 2016 to April 4, 2018. This
                                                                                                              (substitute only for Ms. Bryson’s                   new submittal date extends enforcement
                                                    Chris Blair,
                                                                                                              rating review)                                      discretion until April 4, 2018, and
                                                    Executive Assistant to the NSB Office.
                                                                                                            Candi R. Bing,                                        supports the Southern Nuclear
                                                    [FR Doc. 2016–24675 Filed 10–6–16; 4:15 pm]
                                                                                                            Federal Register Liaison.                             Operating Company, Inc. (the licensee)
                                                    BILLING CODE 7555–01–P
                                                                                                                                                                  continued progress in activities related
                                                                                                            [FR Doc. 2016–24450 Filed 10–7–16; 8:45 am]
                                                                                                                                                                  to the transition to NFPA 805.
                                                                                                            BILLING CODE 7533–01–P
                                                    NATIONAL TRANSPORTATION                                                                                       DATES: The confirmatory order was
                                                    SAFETY BOARD                                                                                                  issued on October 3, 2016.
                                                                                                            NATIONAL TRANSPORTATION
                                                    Withdrawal of Notice                                    SAFETY BOARD                                          ADDRESSES:   Please refer to Docket ID
                                                                                                                                                                  NRC–2016–0209 when contacting the
                                                    AGENCY: National Transportation Safety                  Notice of Correction                                  NRC about the availability of
                                                    Board (NTSB).                                                                                                 information regarding this document.
                                                    ACTION: Notice.
                                                                                                            AGENCY: National Transportation Safety
                                                                                                            Board (NTSB).                                         You may obtain publicly-available
                                                                                                                                                                  information related to this document
                                                    SUMMARY:   The NTSB is withdrawing a                    ACTION: Notice; correction.
                                                    notice of the SES Performance Review                                                                          using any of the following methods:
                                                    Board to be published in the Federal                    SUMMARY:   The NTSB published a notice                   • Federal Rulemaking Web site: Go to
                                                    Register on October 11, 2016,                           of the SES Performance Review Board in                http://www.regulations.gov and search
                                                    (Document 2016–24439) titled: SES                       the Federal Register on October 4, 2016,              for Docket ID NRC–2016–0209. Address
                                                    Performance Review Board. The notice                    titled: SES Performance Review Board.                 questions about NRC dockets to Carol
                                                    contained the incorrect document. This                  The notice contained an error. This                   Gallagher; telephone: 301–415–3463;
                                                    document withdraws the previous                         document corrects the error.                          email: Carol.Gallagher@nrc.gov. For
                                                    submission.                                             FOR FURTHER INFORMATION CONTACT:                      questions about this order, contact the
                                                                                                            Emily T. Carroll, Chief, Human                        individual listed in the FOR FURTHER
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            Resources Division, Office of                         INFORMATION CONTACT section of this
                                                    Emily T. Carroll, Chief, Human
                                                                                                            Administration, National Transportation               document.
                                                    Resources Division, Office of
                                                                                                            Safety Board, 490 L’Enfant Plaza SW.,
                                                    Administration, National Transportation
                                                                                                            Washington, DC 20594–0001, (202) 314–                    • NRC’s Agencywide Documents
                                                    Safety Board, 490 L’Enfant Plaza SW.,                                                                         Access and Management System
                                                                                                            6233.
                                                    Washington, DC 20594–0001, (202) 314–                                                                         (ADAMS): You may obtain publicly
                                                    6233.                                                   Correction                                            available documents online in the
                                                    Candi R. Bing,                                            In the Federal Register of October 4,               ADAMS Public Documents collection at
                                                    Federal Register Liaison.                               2016, in FR Doc. 2016–23867, on page                  http://www.nrc.gov/reading-rm/
                                                    [FR Doc. 2016–24449 Filed 10–7–16; 8:45 am]
                                                                                                            68461, in the first column, add the                   adams.html. To begin the search, select
                                                                                                            following information before the last                 ‘‘ADAMS Public Documents’’ and then
                                                    BILLING CODE 7533–01–P
                                                                                                            individual identified in the document:                select ‘‘Begin Web-based ADAMS
                                                                                                            David Tochen, General Counsel,                        Search.’’ For problems with ADAMS,
                                                    NATIONAL TRANSPORTATION                                   National Transportation Safety Board                please contact the NRC’s Public
                                                    SAFETY BOARD                                              (substitute only for Ms. Bryson’s                   Document Room (PDR) reference staff at
                                                                                                              rating review)                                      1–800–397–4209, 301–415–4737, or by
                                                    Notice of Correction                                                                                          email to pdr.resource@nrc.gov. The
                                                                                                            Candi R. Bing,
                                                    AGENCY: National Transportation Safety                  Federal Register Liaison.                             ADAMS accession number for each
                                                    Board (NTSB).                                           [FR Doc. 2016–24439 Filed 10–7–16; 8:45 am]           document referenced (if it is available in
                                                    ACTION: Notice; correction.                             BILLING CODE 7533–01–P
                                                                                                                                                                  ADAMS) is provided the first time that
                                                                                                                                                                  it is mentioned in this document.
                                                    SUMMARY:   The NTSB published a notice                                                                           • NRC’s PDR: You may examine and
                                                    of the SES Performance Review Board in                                                                        purchase copies of public documents at
                                                                                                            NUCLEAR REGULATORY
                                                    the Federal Register on October 4, 2016,
                                                                                                            COMMISSION                                            the NRC’s PDR, Room O1–F21, One
                                                    titled: SES Performance Review Board.
                                                                                                                                                                  White Flint North, 11555 Rockville
                                                    The notice contained an error. This                     [Docket Nos. 50–321 and 50–366; EA–16–
                                                    document corrects the error.                            163; NRC–2016–0209]                                   Pike, Rockville, Maryland 20852.
                                                    FOR FURTHER INFORMATION CONTACT:                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                            In the Matter of Southern Nuclear
                                                    Emily T. Carroll, Chief, Human                                                                                Gerald Gulla, Office of Enforcement,
                                                                                                            Operating Co., Inc.; Edwin I. Hatch
                                                    Resources Division, Office of                                                                                 U.S. Nuclear Regulatory Commission,
                                                                                                            Nuclear Plant, Unit Nos. 1 and 2
                                                    Administration, National Transportation                                                                       Washington, DC 20555–001; telephone:
                                                    Safety Board, 490 L’Enfant Plaza SW.,                   AGENCY:  Nuclear Regulatory                           301–415–2872, email: Gerald.Gulla@
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Washington, DC 20594–0001, (202)314–                    Commission.                                           nrc.gov.
                                                    6233.                                                   ACTION: Confirmatory order; issuance.
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:       The text of
                                                    Correction                                              SUMMARY:  The U.S. Nuclear Regulatory                 the Order is attached.
                                                      In the Federal Register of October 4,                 Commission (NRC) is issuing a                           Dated at Rockville, Maryland, this 3rd day
                                                    2016, in FR Doc. 2016–23867, on page                    confirmatory order (Order) to revise the              of October 2016.
                                                    68461, in the first column, add the                     Edwin I. Hatch Nuclear Plant Unit Nos.
                                                    following information before the last                   1 and 2 (Hatch) National Fire Protection
                                                    individual identified in the document:                  Association (NFPA) 805 License


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                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                           70173

                                                         For the Nuclear Regulatory Commission.               In a letter dated December 2, 2013                  LAR submittal date should be extended.
                                                    Patricia K. Holahan,                                    (ADAMS Accession No. ML13322B259),                    This Order is being issued to revise the
                                                    Director, Office of Enforcement.                        the NRC staff acknowledged SNC                        HNP NFPA 805 LAR submittal date
                                                                                                            October 4, 2013, letter of intent to adopt            from October 4, 2016, to April 4, 2018.
                                                    United States of America Nuclear                        NFPA 805 and approved enforcement                     This new submittal date supports SNC’s
                                                    Regulatory Commission                                   discretion for 36 months starting on                  continued progress in activities related
                                                    In the Matter of Southern Nuclear                       October 4, 2013.                                      to the transition to NFPA 805, as
                                                    Operating Co., Inc.; (Edwin I. Hatch                                                                          described in their letter dated July 6,
                                                                                                            III
                                                    Nuclear Plant, Unit Nos. 1 and 2)                                                                             2016.
                                                                                                               On February 24, 2012, NRC staff                       SNC may, at any time, cease its
                                                    [Docket Nos. 50–321 and 50–366; EA–16–                  issued SECY–12–0031, ‘‘Enforcement                    transition to NFPA 805 and comply
                                                    163; License Nos. DPR–57 and NPF–5]                     Alternatives for Sites that Indicate                  with HNP’s existing licensing basis and
                                                    Confirmatory Order Modifying License                    Additional Time Required to Submit                    the regulations set forth in 10 CFR
                                                                                                            Their License Amendment Requests to                   50.48, as applicable. As indicated in the
                                                    I
                                                                                                            Transition to 10 CFR 50.48(c) National                Enforcement Policy, if SNC decides not
                                                      Southern Nuclear Operating                            Fire Protection Association Standard                  to complete the transition to 10 CFR
                                                    Company, Inc. (SNC, the licensee) is the                805.’’ In SECY–12–0031, the NRC staff                 50.48(c), it must submit a letter stating
                                                    holder of Facility Operating License                    identified enforcement alternatives for               its intent to retain its existing licensing
                                                    Nos. DPR–57 and NPF–5 issued by the                     licensees that indicate additional time is            basis and withdraw its letter of intent to
                                                    U.S. Nuclear Regulatory Commission                      required to submit their LAR to                       comply with 10 CFR 50.48(c). If SNC
                                                    (NRC) pursuant to Part 50 of title 10 of                transition to NFPA 805. SECY–12–0031                  fails to meet the new LAR submittal
                                                    the Code of Federal Regulations (10                     describes three possible scenarios if                 date and fails to comply with its
                                                    CFR), ‘‘Domestic Licensing of                           delays occur. In Scenario A.1, licensees              existing licensing basis, the NRC will
                                                    Production and Utilization Facilities,’’                may request to change the submittal                   take appropriate enforcement action,
                                                    on August 6, 1974 and June 13, 1978,                    schedule by substituting one site for                 consistent with its Enforcement Policy.
                                                    respectively. The licenses authorize the                another. In Scenario A.2, the NRC staff                  On September 22, 2016, SNC
                                                    operation of the Edwin I. Hatch Nuclear                 could issue a confirmatory order that                 consented to issuing this Order, as
                                                    Plant, Unit Nos. 1 and 2 (HNP), in                      would extend enforcement discretion if                described in Section V below. SNC
                                                    accordance with conditions specified                    the licensee provides adequate                        further agreed that this Order will be
                                                    therein. HNP is located in Appling                      justification. In Scenario B, the licensee            effective upon issuance and that it has
                                                    County, Georgia.                                        does not submit an acceptable LAR by                  waived its rights to a hearing.
                                                    II                                                      its scheduled date and does not meet
                                                                                                            the alternatives described in Scenario                IV
                                                       In a letter dated October 4, 2013                    A.1 or A.2.                                              Based on the licensee’s current status,
                                                    (Agencywide Documents Access and                           In a public meeting on June 21, 2016               scheduled key activities, and planned
                                                    Management System (ADAMS)                               (ADAMS Accession No. ML16179A186),                    modifications, the NRC has determined
                                                    Accession No. ML13280A299), SNC                         between the NRC and SNC, the licensee                 that the licensee has provided adequate
                                                    notified the U. S. Nuclear Regulatory                   described its progress for transitioning              justification for its commitment given in
                                                    Commission (NRC) of its intent to adopt                 HNP to NFPA 805. SNC also informed                    Section V, and, thus, for the extension
                                                    National Fire Protection Association                    the NRC that an extension of the                      of enforcement discretion. Because the
                                                    (NFPA) Standard 805, ‘‘Performance                      schedule for its LAR submittal is needed              licensee will continue to perform
                                                    Based Standard for Fire Protection for                  to allow appropriate development of its               modifications to reduce current fire risk
                                                    Light Water Reactor Electric Generating                 Fire Probabilistic Risk Assessment                    in parallel with the development of its
                                                    Plants, 2001 Edition,’’ at HNP in                       (FPRA) model. In a letter dated July 6,               NFPA 805 LAR, the NRC staff finds this
                                                    accordance with 10 CFR 50.48(c). In this                2016 (ADAMS Accession No.                             acceptable to ensure public health and
                                                    October letter, SNC committed to                        ML16188A341), SNC requested to                        safety. Based on the above and SNC’s
                                                    commence its transition to the                          extend its LAR submittal date 18                      consent, this Order is effective upon
                                                    performance-based standard in the last                  months from October 4, 2016, to April                 issuance.
                                                    quarter of 2013, and submit its license                 4, 2018, in accordance with Scenario
                                                    amendment request (LAR)                                 A.2 of SECY–12–0031.                                  V
                                                    approximately 36 months after the                          In the July 6, 2016 letter, SNC                       Accordingly, pursuant to Sections
                                                    transition start date, which would be                   provided the justification for revising               103, 161b, 161i, 161o, 182, and 186 of
                                                    October 4, 2016.                                        the LAR submittal date. The extension                 the Atomic Energy Act of 1954, as
                                                       On July 12, 2011, the NRC published                  is necessary to complete development of               amended (the Act), and the
                                                    in the Federal Register (76 FR 40777)                   the FPRA model, to allow appropriate                  Commission’s regulations in 10 CFR
                                                    the latest revision to its Interim                      coordination and implementation of                    2.202, ‘‘Orders,’’ it is hereby ordered
                                                    Enforcement Policy (Policy) regarding                   design modifications at HNP, and to                   that license nos. DPR–57 and NPF–5 are
                                                    enforcement discretion for certain fire                 incorporate those modifications into the              modified as follows:
                                                    protection issues, allowing licensees to                fire PRA that support the NFPA 805                       A. SNC will submit an acceptable
                                                    request enforcement discretion for                      transition. The NRC staff reviewed the                license amendment request for Edwin I.
                                                    pursuing transition to NFPA 805. The                    SNC’s letter that discussed its NFPA 805              Hatch Nuclear Plant, Unit Nos. 1 and 2,
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                                                    Policy states, in general, that                         transition progress, physical                         to adopt NFPA Standard 805 by no later
                                                    enforcement discretion starts on the                    modifications, monitoring program,                    than April 4, 2018.
                                                    date of the letter of intent and ends 3                 LAR status, and major project                            B. SNC will continue to receive
                                                    years after that initial start date. Once an            milestones supporting submittal of the                enforcement discretion until April 4,
                                                    acceptable LAR is submitted and under                   NFPA 805 LAR in April 2018.                           2018. If the NRC finds that the license
                                                    review, enforcement discretion will                        The NRC has determined that, based                 amendment request is not acceptable,
                                                    continue to be in place until the NRC                   on the above, the HNP NFPA 805                        the NRC will take steps consistent with
                                                    dispositions the LAR.                                   enforcement discretion along with the                 the Enforcement Policy.


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                                                    70174                        Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                      The Director of the Office of                            Information about applying for a                   filed so that they can obtain access to
                                                    Enforcement, in consultation with the                   digital ID certificate is available on                the document via the E-Filing system.
                                                    Director of the Office of Nuclear Reactor               NRC’s public Web site at http://                         A person filing electronically using
                                                    Regulation, may, in writing, relax or                   www.nrc.gov/site-help/e-                              the NRC’s adjudicatory E-Filing system
                                                    rescind any of the above conditions                     submittals.html. System requirements                  may seek assistance by contacting the
                                                    upon demonstration by the licensee of                   for accessing the E-Submittal server are              NRC Meta System Help Desk through
                                                    good cause.                                             detailed in NRC’s ‘‘Guidance for                      the ‘‘Contact Us’’ link located on the
                                                                                                            Electronic Submission,’’ which is                     NRC’s Web site at http://www.nrc.gov/
                                                    VI                                                                                                            site-help/e-submittals.html, by email to
                                                                                                            available on the agency’s public Web
                                                       In accordance with 10 CFR 2.202 and                  site at http://www.nrc.gov/site-help/e-               MSHD.Resource@nrc.gov, or by a toll-
                                                    10 CFR 2.309, any person adversely                      submittals.html. Participants may                     free call at (866) 672–7640. The NRC
                                                    affected by this Order, other than SNC,                 attempt to use other software not listed              Meta System Help Desk is available
                                                    may request a hearing within 30 days of                 on the Web site, but should note that the             between 8:00 a.m. and 8:00 p.m., ET,
                                                    the issuance date of this Order. Where                  NRC’s E-Filing system does not support                Monday through Friday, excluding
                                                    good cause is shown, consideration will                 unlisted software, and the NRC Meta                   government holidays.
                                                    be given to extending the time to request               System Help Desk will not be able to                     Participants who believe that they
                                                    a hearing. A request for extension of                   offer assistance in using unlisted                    have a good cause for not submitting
                                                    time must be directed to the Director,                  software.                                             documents electronically must file an
                                                    Office of Enforcement, U.S. Nuclear                        If a participant is electronically                 exemption request, in accordance with
                                                    Regulatory Commission, and include a                    submitting a document to the NRC in                   10 CFR 2.302(g), with their initial paper
                                                    statement of good cause for the                         accordance with the E-Filing rule, the                filing requesting authorization to
                                                    extension.                                              participant must file the document                    continue to submit documents in paper
                                                       All documents filed in NRC                           using the NRC’s online, Web-based                     format. Such filings must be submitted
                                                    adjudicatory proceedings, including a                   submission form. In order to serve                    by: (1) First class mail addressed to the
                                                    request for hearing, a petition for leave               documents through the Electronic                      Office of the Secretary of the
                                                    to intervene, any motion or other                       Information Exchange System, users                    Commission, U.S. Nuclear Regulatory
                                                    document filed in the proceeding prior                  will be required to install a Web                     Commission, Washington, DC 20555–
                                                    to the submission of a request for                      browser plug-in from the NRC Web site.                0001, Attention: Rulemaking and
                                                    hearing or petition to intervene, and                   Further information on the Web-based                  Adjudications Staff; or (2) courier,
                                                    documents filed by interested                           submission form, including the                        express mail, or expedited delivery
                                                    governmental entities participating                     installation of the Web browser plug-in,              service to the Office of the Secretary,
                                                    under 10 CFR 2.315(c), must be filed in                 is available on the NRC’s public Web                  Sixteenth Floor, One White Flint North,
                                                    accordance with the NRC’s E-Filing rule                 site at http://www.nrc.gov/site-help/e-               11555 Rockville Pike, Rockville,
                                                    (72 FR 49139; August 28, 2007), as                      submittals.html.                                      Maryland 20852, Attention: Rulemaking
                                                    amended by 77 FR 46562; August 3,                          Once a participant has obtained a                  and Adjudications Staff. Participants
                                                    2012 (codified in pertinent part at 10                  digital ID certificate and a docket has               filing a document in this manner are
                                                    CFR part 2, subpart C). The E-Filing                    been created, the participant can then                responsible for serving the document on
                                                    process requires participants to submit                 submit a request for hearing or petition              all other participants. Filing is
                                                    and serve all adjudicatory documents                    for leave to intervene through the EIE.               considered complete by first-class mail
                                                    over the internet, or in some cases to                  Submissions should be in Portable                     as of the time of deposit in the mail, or
                                                    mail copies on electronic storage media.                Document Format (PDF) in accordance                   by courier, express mail, or expedited
                                                    Participants may not submit paper                       with NRC guidance available on the                    delivery service upon depositing the
                                                    copies of their filings unless they seek                NRC’s public Web site at http://                      document with the provider of the
                                                    an exemption in accordance with the                     www.nrc.gov/site-help/e-                              service. A presiding officer, having
                                                    procedures described below.                             submittals.html. A filing is considered               granted an exemption request from
                                                       To comply with the procedural                        complete at the time the documents are                using E-Filing, may require a participant
                                                    requirements of E-Filing, at least ten                  submitted through the NRC’s E-Filing                  or party to use E-Filing if the presiding
                                                    (10) days prior to the filing deadline, the             system. To be timely, an electronic                   officer subsequently determines that the
                                                    participant should contact the Office of                filing must be submitted to the E-Filing              reason for granting the exemption from
                                                    the Secretary by email at                               system no later than 11:59 p.m. Eastern               use of E-Filing no longer exists.
                                                    hearing.docket@nrc.gov, or by telephone                 Time (ET) on the due date. Upon receipt                  Documents submitted in adjudicatory
                                                    at 301–415–1677, to (1) request a digital               of a transmission, the E-Filing system                proceedings will appear in the NRC’s
                                                    identification (ID) certificate, which                  time-stamps the document and sends                    electronic hearing docket, which is
                                                    allows the participant (or its counsel or               the submitter an email notice                         available to the public at http://
                                                    representative) to digitally sign                       confirming receipt of the document. The               ehd1.nrc.gov/ehd/, unless excluded
                                                    documents and access the E-Submittal                    E-Filing system also distributes an email             pursuant to an order of the Commission
                                                    server for any proceeding in which it is                notice that provides access to the                    or the presiding officer. Participants are
                                                    participating; and (2) advise the                       document to the NRC’s Office of the                   requested not to include personal
                                                    Secretary that the participant will be                  General Counsel and any others who                    privacy information, such as social
                                                    submitting a request or petition for                    have advised the Office of the Secretary              security numbers, home addresses, or
                                                    hearing (even in instances in which the                 that they wish to participate in the                  home phone numbers in their filings,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    participant, or its counsel or                          proceeding, so that the filer need not                unless an NRC regulation or other law
                                                    representative, already holds an NRC-                   serve the documents on those                          requires submission of such
                                                    issued digital ID certificate). Based upon              participants separately. Therefore, any               information. However, in some
                                                    this information, the Secretary will                    others who wish to participate in the                 instances, a request to intervene will
                                                    establish an electronic docket for the                  proceeding (or their counsel or                       require including information on local
                                                    hearing in this proceeding if the                       representative) must apply for and                    residence in order to demonstrate a
                                                    Secretary has not already established an                receive a digital ID certificate before a             proximity assertion of interest in the
                                                    electronic docket.                                      hearing request/petition to intervene is              proceeding. With respect to copyrighted


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                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                          70175

                                                    works, participants are requested not to                Commission that such amendment                        adams.html. To begin the search, select
                                                    include copyrighted materials in their                  involves no significant hazards                       ‘‘ADAMS Public Documents’’ and then
                                                    submission, except for limited excerpts                 consideration, notwithstanding the                    select ‘‘Begin Web-based ADAMS
                                                    that serve the purpose of the                           pendency before the Commission of a                   Search.’’ For problems with ADAMS,
                                                    adjudicatory filings and would                          request for a hearing from any person.                please contact the NRC’s Public
                                                    constitute a Fair Use application.                        This biweekly notice includes all                   Document Room (PDR) reference staff at
                                                       If a person other than the licensee                  notices of amendments issued, or                      1–800–397–4209, 301–415–4737, or by
                                                    requests a hearing, that person shall set               proposed to be issued, from September                 email to pdr.resource@nrc.gov. The
                                                    forth with particularity the manner in                  13, 2016 to September 26, 2016. The last              ADAMS accession number for each
                                                    which his interest is adversely affected                biweekly notice was published on                      document referenced (if it is available in
                                                    by this Order and shall address the                     September 27, 2016.                                   ADAMS) is provided the first time that
                                                    criteria set forth in 10 CFR 2.309(d) and               DATES: Comments must be filed by                      it is mentioned in this document.
                                                    (f).                                                    November 10, 2016. A request for a                       • NRC’s PDR: You may examine and
                                                       If a hearing is requested by a person                hearing must be filed by December 12,                 purchase copies of public documents at
                                                    whose interest is adversely affected, the               2016.                                                 the NRC’s PDR, Room O1–F21, One
                                                    Commission will issue a separate Order                                                                        White Flint North, 11555 Rockville
                                                                                                            ADDRESSES: You may submit comments
                                                    designating the time and place of any                                                                         Pike, Rockville, Maryland 20852.
                                                                                                            by any of the following methods (unless
                                                    hearings, as appropriate. If a hearing is
                                                                                                            this document describes a different                   B. Submitting Comments
                                                    held, the issue to be considered at such
                                                                                                            method for submitting comments on a                     Please include Docket ID NRC–2016–
                                                    hearing shall be whether this Order
                                                                                                            specific subject):                                    0207, facility name, unit number(s),
                                                    should be sustained.                                      • Federal Rulemaking Web site: Go to
                                                       In the absence of any request for                                                                          application date, and subject in your
                                                                                                            http://www.regulations.gov and search
                                                    hearing, or written approval of an                                                                            comment submission.
                                                                                                            for Docket ID NRC–2016–0207. Address                    The NRC cautions you not to include
                                                    extension of time in which to request a
                                                                                                            questions about NRC dockets to Carol                  identifying or contact information that
                                                    hearing, the provisions specified in
                                                                                                            Gallagher; telephone: 301–415–3463;                   you do not want to be publicly
                                                    Section V above shall be final 30 days
                                                                                                            email: Carol.Gallagher@nrc.gov. For                   disclosed in your comment submission.
                                                    after issuance of this Order without
                                                                                                            technical questions, contact the                      The NRC posts all comment
                                                    further order or proceedings. If an
                                                                                                            individual listed in the FOR FURTHER                  submissions at http://
                                                    extension of time for requesting a
                                                                                                            INFORMATION CONTACT section of this                   www.regulations.gov as well as entering
                                                    hearing has been approved, the
                                                                                                            document.                                             the comment submissions into ADAMS.
                                                    provisions specified in Section V shall                   • Mail comments to: Cindy Bladey,
                                                    be final when the extension expires if a                                                                      The NRC does not routinely edit
                                                                                                            Office of Administration, Mail Stop:                  comment submissions to remove
                                                    hearing request has not been received.                  OWFN–12–H08, U.S. Nuclear                             identifying or contact information.
                                                    Dated at Rockville, Maryland, this 3rd day of           Regulatory Commission, Washington,
                                                    October 2016.
                                                                                                                                                                    If you are requesting or aggregating
                                                                                                            DC 20555–0001.                                        comments from other persons for
                                                    For the Nuclear Regulatory Commission.                    For additional direction on obtaining               submission to the NRC, then you should
                                                    Patricia K. Holahan,                                    information and submitting comments,
                                                    Director, Office of Enforcement                                                                               inform those persons not to include
                                                                                                            see ‘‘Obtaining Information and                       identifying or contact information that
                                                    [FR Doc. 2016–24463 Filed 10–7–16; 8:45 am]             Submitting Comments’’ in the                          they do not want to be publicly
                                                    BILLING CODE 7590–01–P                                  SUPPLEMENTARY INFORMATION section of
                                                                                                                                                                  disclosed in their comment submission.
                                                                                                            this document.                                        Your request should state that the NRC
                                                                                                            FOR FURTHER INFORMATION CONTACT: Kay                  does not routinely edit comment
                                                    NUCLEAR REGULATORY                                      Goldstein, Office of Nuclear Reactor
                                                    COMMISSION                                                                                                    submissions to remove such information
                                                                                                            Regulation, U.S. Nuclear Regulatory                   before making the comment
                                                    [NRC–2016–0207]                                         Commission, Washington DC 20555–                      submissions available to the public or
                                                                                                            0001; telephone: 301–415–1506, email:                 entering the comment submissions into
                                                    Biweekly Notice; Applications and                       Kay.Goldstein@nrc.gov.                                ADAMS.
                                                    Amendments to Facility Operating                                                                                II. Notice of Consideration of Issuance
                                                    Licenses and Combined Licenses                          I. Obtaining Information and
                                                                                                            Submitting Comments                                   of Amendments to Facility Operating
                                                    Involving No Significant Hazards                                                                              Licenses and Combined Licenses and
                                                    Considerations                                          A. Obtaining Information                              Proposed No Significant Hazards
                                                    AGENCY:  Nuclear Regulatory                               Please refer to Docket ID NRC–2016–                 Consideration Determination
                                                    Commission.                                             0207, facility name, unit number(s),                    The Commission has made a
                                                    ACTION: Biweekly notice.                                plant docket number, application date,                proposed determination that the
                                                                                                            and subject when contacting the NRC                   following amendment requests involve
                                                    SUMMARY:   Pursuant to Section 189a. (2)                about the availability of information for             no significant hazards consideration.
                                                    of the Atomic Energy Act of 1954, as                    this action. You may obtain publicly-                 Under the Commission’s regulations in
                                                    amended (the Act), the U.S. Nuclear                     available information related to this                 § 50.92 of title 10 of the Code of Federal
                                                    Regulatory Commission (NRC) is                          action by any of the following methods:               Regulations (10 CFR), this means that
                                                    publishing this regular biweekly notice.                  • Federal rulemaking Web site: Go to                operation of the facility in accordance
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    The Act requires the Commission to                      http://www.regulations.gov and search                 with the proposed amendment would
                                                    publish notice of any amendments                        for Docket ID NRC–2016–0207.                          not (1) involve a significant increase in
                                                    issued, or proposed to be issued, and                     • NRC’s Agencywide Documents                        the probability or consequences of an
                                                    grants the Commission the authority to                  Access and Management System                          accident previously evaluated, or (2)
                                                    issue and make immediately effective                    (ADAMS): You may obtain publicly-                     create the possibility of a new or
                                                    any amendment to an operating license                   available documents online in the                     different kind of accident from any
                                                    or combined license, as applicable,                     ADAMS Public Documents collection at                  accident previously evaluated; or (3)
                                                    upon a determination by the                             http://www.nrc.gov/reading-rm/                        involve a significant reduction in a


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Document Created: 2018-02-13 16:33:31
Document Modified: 2018-02-13 16:33:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionConfirmatory order; issuance.
DatesThe confirmatory order was issued on October 3, 2016.
ContactGerald Gulla, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; telephone: 301-415-2872, email: [email protected]
FR Citation81 FR 70172 

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