Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11291 

Week of April 4, 2011—Tentative 

There are no meetings scheduled for 

the week of April 4, 2011. 

* * * * * 

*The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Rochelle Bavol, (301) 415–1651. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/public-involve/ 

public-meetings/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify Bill 

Dosch, Chief, Work Life and Benefits 

Branch, at 301–415–6200, TDD: 301– 

415–2100, or by e-mail at 

william.dosch@nrc.gov. Determinations 

on requests for reasonable 

accommodation will be made on a caseby-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

February 24, 2011. 

Rochelle C. Bavol, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2011–4606 Filed 2–25–11; 4:15 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–252; NRC–2009–0557] 

University of New Mexico AGN–201M 

Reactor Notice of Issuance of 

Renewed Facility Operating License 

No. R–102 

The U.S. Nuclear Regulatory 

Commission (NRC) has issued renewed 

Facility Operating License No. R–102, 

held by the University of New Mexico 

(the licensee), which authorizes 

continued operation of the University of 

New Mexico AGN–201M Reactor 

(UNMR), located in Albuquerque, 

Bernalillo County, New Mexico. The 

UNMR is a solid homogeneous core 

research reactor licensed to operate at a 

steady-state power level of 5 watts 

thermal power. Renewed Facility 

Operating License No. R–102 will expire 

at midnight 20 years from its date of 

issuance. 

The renewed license complies with 

the standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations. The Commission has 

made appropriate findings as required 

by the Act and the Commission’s 

regulations in Title 10, Chapter 1, 

‘‘Nuclear Regulatory Commission,’’ of 

the Code of Federal Regulations (10 

CFR), and sets forth those findings in 

the renewed license. The agency 

afforded an opportunity for hearing in 

the Notice of Opportunity for Hearing 

published in the Federal Register on 

December 21, 2009 (74 FR 67927). The 

NRC received no request for a hearing 

or petition for leave to intervene 

following the notice. 

The NRC staff prepared a safety 

evaluation report for the renewal of 

Facility License No. R–102 and 

concluded, based on that evaluation, 

that the licensee can continue to operate 

the facility without endangering the 

health and safety of the public. The NRC 

staff also prepared an Environmental 

Assessment and Finding of No 

Significant Impact for license renewal, 

noticed in the Federal Register on May 

14, 2010 (75 FR 27372), and concluded 

that renewal of the license will not have 

a significant impact on the quality of the 

human environment. 

For details with respect to the 

application for renewal, see the 

licensee’s letter dated February 21, 2007 

(Agencywide Document Access and 

Management System (ADAMS) 

Accession No. ML092170540), as 

supplemented by letters dated 

November 9, 2009 (ADAMS Accession 

No. ML093410385), February 17, 2010 

(ADAMS Accession No. ML100501007), 

and November 19, 2010 (ADAMS 

Accession No. ML103330190). 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room on the NRC 

Web site, http://www.nrc.gov/readingrm/adams.html. Persons who do not 

have access to ADAMS or who 

encounter problems in accessing the 

documents located in ADAMS should 

contact the NRC PDR Reference staff at 

1–800–397–4209 or 301–415–4737, or 

send an e-mail to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 22nd 

day of February, 2011. 

For the Nuclear Regulatory Commission. 

Jessie Quichocho, 

Chief, Research and Test Reactors Licensing 

Branch, Division of Policy and Rulemaking, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2011–4537 Filed 2–28–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–443; NRC–2011–0044] 

NextEra Energy Seabrook, LLC; 

Seabrook Station Unit No. 1; Notice of 

Consideration of Issuance of 

Amendment to Facility Operating 

License, Proposed No Significant 

Hazards Consideration Determination, 

Opportunity for a Hearing, and Order 

Imposing Procedures for Document 

Access to Sensitive Unclassified NonSafeguards Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment 

request, opportunity to comment, 

opportunity to request a hearing, and 

Commission order. 

DATES: Submit comments by March 31, 

2011. A request for a hearing must be 

filed by May 2, 2011. Any potential 

party as defined in 10 CFR 2.4 who 

believes access to Sensitive Unclassified 

Non-Safeguards Information and/or 

Safeguards Information is necessary to 

respond to this notice must request 

document access by March 11, 2011. 

ADDRESSES: Please include Docket ID 

NRC–2011–0044 in the subject line of 

your comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 


jlentini on DSKJ8SOYB1PROD with NOTICES
11292 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

You may submit comments by any 

one of the following methods. 

Federal rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2011–0044. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Chief, Rules, 

Announcements and Directives Branch 

(RADB), Office of Administration, Mail 

Stop: TWB–05–B01M, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, or by fax to RADB at 

301–492–3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine, and have 

copied for a fee, publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852. These documents may also be 

viewed electronically on the public 

computers located at the NRC’s PDR at 

11555 Rockville Pike, Rockville, 

Maryland 20852. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. The application 

for amendment, dated January 27, 2011 

is available electronically under 

ADAMS Accession No. ML110330202, 

however, the application for 

amendment, refers to and relies upon 

proprietary information previously 

submitted to the NRC and, accordingly, 

that information is withheld from public 

disclosure. 

Federal rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2011–0044. 

FOR FURTHER INFORMATION CONTACT: G. 

Edward Miller, Project Manager, Plant 

Licensing Branch I–2, Division of 

Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

301–415–2481; fax number: 301–415– 

2102; e-mail: ed.miller@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Facility Operating License No. NPF– 

86 issued to NextEra Energy Seabrook, 

LLC (NextEra or the licensee) for 

operation of the Seabrook Station, Unit 

No. 1 located in Rockingham County, 

New Hampshire. 

The proposed amendment would 

revise Technical Specifications (TSs) 

related to the Steam Generators (SGs). 

Specifically, the proposed amendment 

would modify TS 6.7.6.k, ‘‘Steam 

Generator,’’ and TS 6.8.1.7, ‘‘Steam 

Generator Tube Inspection Report,’’ to 

allow implementation of alternate repair 

criteria. 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. 

The Commission has made a 

proposed determination that the 

amendment request involves no 

significant hazards consideration. Under 

the Commission’s regulations in Title 10 

of the Code of Federal Regulations (10 

CFR), 50.92, this means that operation 

of the facility in accordance with the 

proposed amendment would not (1) 

Involve a significant increase in the 

probability or consequences of an 

accident previously evaluated; or (2) 

create the possibility of a new or 

different kind of accident from any 

accident previously evaluated; or (3) 

involve a significant reduction in a 

margin of safety. As required by 10 CFR 

50.91(a), the licensee has provided its 

analysis of the issue of no significant 

hazards consideration, which is 

presented below: 

1. The proposed changes do not involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated. 

Response: No. 

The previously analyzed accidents are 

initiated by the failure of plant structures, 

systems, or components. The proposed 

change that alters the SG inspection and 

reporting criteria does not have a detrimental 

impact on the integrity of any plant structure, 

system, or component that initiates an 

analyzed event. The proposed change will 

not alter the operation of, or otherwise 

increase the failure probability of any plant 

equipment that initiates an analyzed 

accident. 

Of the applicable accidents previously 

evaluated, the limiting transients with 

consideration to the proposed change to the 

SG tube inspection and repair criteria are the 

steam generator tube rupture (SGTR) event, 

the steam line break (SLB), and the feed line 

break (FLB) postulated accidents. 

During the SGRT event, the required 

structural integrity margins of the SG tubes 

and the tube-to-tubesheet joint over the H* 

distance will be maintained. Tube rupture in 

tubes with in tubes with cracks within the 

tubesheet is precluded by the constraint 

provided by the presence of the tubesheet 

and the tube-to-tubesheet joint. Tube burst 

cannot occur within the thickness of the 

tubesheet. The tube-to-tubesheet joint 

constraint results from the hydraulic 

expansion process, thermal expansion 

mismatch between the tube and tubesheet, 

and from the differential pressure between 

the primary and secondary side, and 

tubesheet rotation. Based on this design, the 

structural margins against burst, as discussed 

in Regulatory Guide (RG) 1.121, ‘‘Bases for 

Plugging Degraded PWR [Pressurized-Water 

Reactor] Steam Generator Tubes,’’ and 

Technical Specification 6.7.6.k, are 

maintained for both normal and postulated 

accident conditions. 

The proposed change has no impact on the 

structural or leakage integrity of the portion 

of the tube outside of the tubesheet. The 

proposed change maintains structural and 

leakage integrity of the SG tubes consistent 

with the performance criteria of TS 6.7.6.k. 

Therefore, the proposed change results in no 

significant increase in the probability of the 

occurrence of a SGTR accident. 

At normal operating pressures, leakage 

from tube degradation below the proposed 

limited inspection depth is limited by the 

tube-to-tubesheet crevice. Consequently, 

negligible normal operating leakage is 

expected from degradation below the 

inspected depth within the tubesheet region. 

The consequences of an SGTR event are not 

affected by the primary-to-secondary leakage 

flow during the event as primary-tosecondary leakage flow through a postulated 

tube that has been pulled out of the tubesheet 

is essentially equivalent to a severed tube. 

Therefore, the proposed change does not 

result in a significant increase in the 

consequences of a SGTR. 

The consequences of a SLB are also not 

significantly affected by the proposed 

changes. During a SLB accident, the 

reduction in pressure above the tubesheet on 

the shell side of the steam generator creates 

an axially uniformly distributed load on the 

tubesheet due to the reactor coolant system 

pressure on the underside of the tubesheet. 

The resulting bending action constrains the 

tubes in the tubesheet thereby restricting 

primary-to-secondary leakage below the 

midplane. 

Primary-to-secondary leakage from tube 

degradation in the tubesheet area during the 

limiting accident (i.e., a SLB) is limited by 

flow restrictions. These restrictions result 

from the crack and tube-to-tubesheet contact 

pressures that provide a restricted leakage 

path above the indications and also limit the 

degree of potential crack face opening as 

compared to free span indications. 

The leakage factor of 2.50 for Seabrook 

Station, for a postulated SLB/FLB, has been 

calculated as shown in Table 9–7 of 

Reference 10 [Proprietary Version, ADAMS 

Accession No. ML092650371, NonVerDate Mar<15>2010 18:42 Feb 28, 2011 Jkt 223001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1

jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11293 

Proprietary Version, ADAMS Accession No. 

ML092650370]. For the condition monitoring 

assessment, the component of leakage from 

the prior cycle from below the H* distance 

will be multiplied by a factor of 2.50 and 

added to the total leakage from any other 

source and compared to the allowable 

accident induced leakage limit. For the 

operational assessment, the difference in the 

leakage between the allowable leakage and 

the accident induced leakage from sources 

other than the tubesheet expansion region 

will be divided by 2.50 and compared to the 

observed operational leakage. 

The probability of a SLB is unaffected by 

the potential failure of a steam generator tube 

as the failure of the tube is not an initiator 

for a SLB event. SLB leakage is limited by 

leakage flow restrictions resulting from the 

leakage path above potential cracks through 

the tube-to-tubesheet crevice. The leak rate 

during postulated accident conditions 

(including locked rotor) has been shown to 

remain within the accident analysis 

assumptions for all axial and or 

circumferentially oriented cracks occurring 

15.2 inches below the top of the tubesheet. 

The assumed accident induced leak rate for 

Seabrook Station is 500 gallons per day (gpd) 

during a postulated steam line break in the 

faulted loop. Using the limiting leak rate 

factor of 2.50, this corresponds to an 

acceptable level of operational leakage of 200 

gpd. Therefore, the TS leak rate limit of 150 

gpd provides significant added margin 

against the 500 gpd accident analysis leak 

rate assumption. 

Therefore, the proposed change does not 

involve a significant increase in the 

probability or consequence of an accident 

previously evaluated. 

2. The proposed changes do not create the 

possibility of a new or different kind of 

accident from any previously evaluated. 

Response: No. 

The proposed change that alters the SG 

inspection and reporting criteria does not 

introduce any new equipment, create new 

failure modes for existing equipment, or 

create any new limiting single failures. Plant 

operation will not be altered, and all safety 

functions will continue to perform as 

previously assumed in accident analyses. 

Therefore, the proposed change does not 

create the possibility of a new or different 

kind of accident from any previously 

evaluated. 

3. The proposed changes do not involve a 

significant reduction in the margin of safety. 

Response: No. 

The proposed change that alters the SG 

inspection and reporting criteria maintains 

the required structural margins of the SG 

tubes for both normal and accident 

conditions. Nuclear Energy Institute 97–06, 

Rev. 2 ‘‘Steam Generator Program 

Guidelines,’’ and NRC Regulatory Guide (RG) 

1.121, ‘‘Bases for Plugging Degraded PWR 

Steam Generator Tubes,’’ are used as the 

bases in the development of the limited hot 

leg tubesheet inspection depth methodology 

for determining that SG tube integrity 

considerations are maintained within 

acceptable limits. RG 1.121 describes a 

method acceptable to the NRC for meeting 

General Design Criterion (GDC) 14, ‘‘Reactor 

Coolant Pressure Boundary,’’ GDC 15, 

‘‘Reactor Coolant System Design,’’ GDC 31, 

‘‘Fracture Prevention of Reactor Coolant 

Pressure Boundary,’’ and GDC 32, ‘‘Inspection 

of Reactor Coolant Pressure Boundary,’’ by 

reducing the probability and consequences of 

a SGTR. RG 1.121 concludes that by 

determining the limiting safe conditions for 

tube wall degradation, the probability and 

consequences of a SGTR are reduced. This 

RG uses safety factors on loads for tube burst 

that are consistent with the requirements of 

Section III of the American Society of 

Mechanical Engineers (ASME) Code. 

For axially oriented cracking located 

within the tubesheet, tube burst is precluded 

due to the presence of the tubesheet. For 

circumferentially oriented cracking, 

Westinghouse WCAP–17071–P defines a 

length of degradation-free expanded tubing 

that provides the necessary resistance to tube 

pullout due to the pressure induced forces, 

with applicable safety factors applied. 

Application of the limited hot and cold leg 

tubesheet inspection criteria will preclude 

unacceptable primary-to-secondary leakage 

during all plant conditions. The methodology 

for determining leakage as described in 

WCAP–17071–P provides significant margin 

between the accident-induced leakage 

assumption and the technical specification 

leakage limit during normal operating 

conditions when the proposed limited 

tubesheet inspection depth criteria is 

implemented. 

Therefore, the proposed change does not 

involve a significant reduction in any margin 

of safety. 

The NRC staff has reviewed the 

licensee’s analysis, as modified above. 

Based on this review, it appears that the 

three standards of 10 CFR 50.92(c) are 

satisfied. Therefore, the NRC staff 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. 

The Commission is seeking public 

comments on this proposed 

determination. Any comments received 

by March 31, 2011 will be considered in 

making any final determination. You 

may submit comments using any of the 

methods discussed under the 

ADDRESSES caption. 

Normally, the Commission will not 

issue the amendment until the 

expiration of 60 days after the date of 

publication of this notice. The 

Commission may issue the license 

amendment before expiration of the 60- 

day period provided that its final 

determination is that the amendment 

involves no significant hazards 

consideration. In addition, the 

Commission may issue the amendment 

prior to the expiration of the 30-day 

comment period should circumstances 

change during the 30-day comment 

period such that failure to act in a 

timely way would result, for example, 

in derating or shutdown of the facility. 

Should the Commission take action 

prior to the expiration of either the 

comment period or the notice period, it 

will publish in the Federal Register a 

notice of issuance. Should the 

Commission make a final No Significant 

Hazards Consideration Determination, 

any hearing will take place after 

issuance. The Commission expects that 

the need to take this action will occur 

very infrequently. 

II. Opportunity To Request a Hearing 

Requirements for hearing requests and 

petitions for leave to intervene are 

found in 10 CFR 2.309, ‘‘Hearing 

requests, petitions to intervene, 

requirements for standing, and 

contentions.’’ Interested persons should 

consult 10 CFR part 2, section 2.309, 

which is available at the NRC’s Public 

Document Room (PDR), located at O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, MD 20852 (or 

call the PDR at 800–397–4209 or 301– 

415–4737). NRC regulations are also 

accessible electronically from the NRC’s 

Electronic Reading Room on the NRC 

Web site at http://www.nrc.gov. 

III. Petitions for Leave To Intervene 

Any person whose interest may be 

affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written petition 

for leave to intervene. As required by 10 

CFR 2.309, a petition for leave to 

intervene shall set forth with 

particularity the interest of the 

requestor/petitioner in the proceeding 

and how that interest may be affected by 

the results of the proceeding. The 

petition must provide the name, 

address, and telephone number of the 

requestor or petitioner and specifically 

explain the reasons why the 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the requestor’s/ 

petitioner’s right under the Act to be 

made a party to the proceeding; (2) the 

nature and extent of the requestor’s/ 

petitioner’s property, financial, or other 

interest in the proceeding; and (3) the 

possible effect of any decision or order 

which may be entered in the proceeding 

on the requestor’s/petitioner’s interest. 

The petition must also identify the 

specific contentions which the 

requestor/petitioner seeks to have 

litigated at the proceeding. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the requestor/petitioner 

must provide a specific statement of the 

issue of law or fact to be raised or 

controverted, as well as a brief 

explanation of the basis for the 


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contention. Additionally, the requestor/ 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment in response to the 

application. The petition must include a 

concise statement of the alleged facts or 

expert opinions which support the 

position of the requestor/petitioner and 

on which the requestor/petitioner 

intends to rely at hearing, together with 

references to the specific sources and 

documents on which the requestor/ 

petitioner intends to rely. Finally, the 

petition must provide sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact, including 

references to specific portions of the 

application for amendment that the 

requestor/petitioner disputes and the 

supporting reasons for each dispute, or, 

if the requestor/petitioner believes that 

the application for amendment fails to 

contain information on a relevant matter 

as required by law, the identification of 

each failure and the supporting reasons 

for the requestor’s/petitioner’s belief. 

Each contention must be one which, if 

proven, would entitle the requestor/ 

petitioner to relief. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

regulations, policies, and procedures. 

The Licensing Board will set the time 

and place for any prehearing 

conferences and evidentiary hearings, 

and the appropriate notices will be 

provided. 

Non-timely petitions for leave to 

intervene and contentions, amended 

petitions, and supplemental petitions 

will not be entertained absent a 

determination by the Commission, the 

Licensing Board or a Presiding Officer 

that the petition should be granted and/ 

or the contentions should be admitted 

based upon a balancing of the factors 

specified in 10 CFR 2.309(c)(1)(i)–(viii). 

A State, county, municipality, 

Federally-recognized Indian Tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as a 

party under 10 CFR 2.309(d)(2). 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 May 2, 

2011. The petition must be filed in 

accordance with the filing instructions 

in section IV of this document, and 

should meet the requirements for 

petitions for leave to intervene set forth 

in this section, except that State and 

Federally-recognized Indian tribes do 

not need to address the standing 

requirements in 10 CFR 2.309(d)(1) if 

the facility is located within its 

boundaries. The entities listed above 

could also seek to participate in a 

hearing as a nonparty pursuant to 10 

CFR 2.315(c). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission 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 such 

limits and conditions as may be 

imposed by the Licensing Board. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by May 2, 

2011. 

If a hearing is requested, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to decide 

when the hearing is held. If the final 

determination is that the amendment 

request involves no significant hazards 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

held would take place after issuance of 

the amendment. If the final 

determination is that the amendment 

request involves a significant hazards 

consideration, any hearing held would 

take place before the issuance of any 

amendment. 

IV. 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, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E–Filing rule 

(72 FR 49139, August 28, 2007). The E– 

Filing process requires participants to 

submit and serve all adjudicatory 

documents over the Internet, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E–Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to request (1) a digital 

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 NRCissued 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/ 

apply-certificates.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 EIE, users will be 

required to install a Web browser plugin 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/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11295 

1While 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. 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at 866–672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) first-class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass 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 NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd1.nrc.gov/EHD, unless excluded 

pursuant to an order of the Commission, 

or the presiding officer. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

home phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

Petitions for leave to intervene must 

be filed no later than 60 days from 

March 1, 2011. Non-timely filings will 

not be entertained absent a 

determination by the presiding officer 

that the petition or request should be 

granted or the contentions should be 

admitted, based on a balancing of the 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

Attorney for licensee: M.S. Ross, 

Florida Power & Light Company, P.O. 

Box 14000, Juno Beach, FL 33408–0420. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation. 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing Sensitive 

Unclassified Non-Safeguards 

Information (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 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 e-mail address for 

the Office of the Secretary and the 

Office of the General Counsel are 

Hearing.Docket@nrc.gov and 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(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); 

(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 


jlentini on DSKJ8SOYB1PROD with NOTICES
11296 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

2Any motion for Protective Order or draft NonDisclosure 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. 

3Requestors should note that the filing 

requirements of the NRC’s E–Filing Rule (72 FR 

49139; August 28, 2007) 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. 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

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. 

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 25 days after the requestor is 

granted access to that information. 

However, if more than 25 days remain 

between the date the petitioner is 

granted access to the information and 

the deadline for filing all other 

contentions (as established in the notice 

of hearing or opportunity for hearing), 

the petitioner may file its SUNSI 

contentions by that later deadline. 

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, or after a determination on 

trustworthiness and reliability, 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) if another officer has 

been designated to rule on information 

access issues, with that officer. 

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

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 propounded 

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 23rd day 

of February 2011. 

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. 

60 ......................................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions 

whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/ 

petitioner reply). 

20 ......................................... 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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11297 

1 Notice of the United States Postal Service of 

Changes in Rates of General Applicability for a 

Competitive Product, Established in Governors’ 

Decision No. 11–2, February 17, 2011 (Notice). 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO

SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued 

Day Event/Activity 

A + 28 ................................... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more 

than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing 

all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file 

its SUNSI contentions by that later deadline. 

A + 53 ................................... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. 

A + 60 ................................... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 ................................ Decision on contention admission. 

[FR Doc. 2011–4509 Filed 2–28–11; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, March 9, 

2011, at 11 a.m. 

PLACE: Commission hearing room, 901 

New York Avenue, NW., Suite 200, 

Washington, DC 20268–0001. 

STATUS: Part of this meeting will be 

open to the public. The rest of the 

meeting will be closed to the public. 

The open part of the meeting will be 

audiocast. The audiocast can be 

accessed via the Commission’s Web site 

at http://www.prc.gov. 

MATTERS TO BE CONSIDERED: The agenda 

for the Commission’s March 2011 

meeting includes the items identified 

below. 

PORTIONS OPEN TO THE PUBLIC: 

1. Review of active cases. 

2. Report on recent activities of the 

Joint Periodicals Task Force and status 

of the report to the Congress pursuant to 

Section 708 of the PAEA. 

3. Review of postal-related 

congressional activity. 

4. Report on Legislative Review. 

5. Report on contracts to study the 

social benefit of the mail. 

6. Report on international activities. 

PORTIONS CLOSED TO THE PUBLIC: 

7. Discussion of pending litigation. 

8. Discussion of confidential 

personnel issues. 

9. Discussion of contracts involving 

confidential commercial information. 

CONTACT PERSON FOR MORE INFORMATION: 

Stephen L. Sharfman, General Counsel, 

Postal Regulatory Commission, 901 New 

York Avenue, NW., Suite 200, 

Washington, DC 20268–0001, at 202– 

789–6820 (for agenda-related inquiries) 

and Shoshana M. Grove, Secretary of the 

Commission, at 202–789–6800 or 

shoshana.grove@prc.gov (for inquiries 

related to meeting location, access for 

handicapped or disabled persons, the 

audiocast, or similar matters). 

Dated: February 25, 2011. 

By the Commission. 

Ruth Ann Abrams, 

Acting Secretary. 

[FR Doc. 2011–4696 Filed 2–25–11; 4:15 pm] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2011–60; Order No. 679] 

New Regional Ground Service for 

Parcels 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service notice of 

rate and classification changes affecting 

Parcel Select. The changes involve a 

new offering identified as Regional 

Ground service. This notice informs the 

public of the filing, addresses 

preliminary procedural matters, and 

invites public comment. 

DATES: Comments are due: March 2, 

2011. 

ADDRESSES: Submit comments 

electronically by accessing the ‘‘Filing 

Online’’ link in the banner at the top of 

the Commission’s Web site (http:// 

www.prc.gov) or by directly accessing 

the Commission’s Filing Online system 

at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who 

cannot submit their views electronically 

should contact the person identified in 

FOR FURTHER INFORMATION CONTACT

section as the source for case-related 

information for advice on alternatives to 

electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6820 (case-related 

information) or DocketAdmins@prc.gov 

(electronic filing assistance). 

SUPPLEMENTARY INFORMATION: On 

February 17, 2011, the Postal Service 

filed notice with the Commission of 

changes in rates of general applicability 

and concomitant classification changes 

for a competitive product pursuant to 39 

CFR 3015.2.1 The proposed changes 

establish a new ‘‘Regional Ground’’ price 

category within the Parcel Select 

product that is scheduled to go into 

effect on April 17, 2011. 

Regional Ground service targets 

higher-volume business-to-consumer 

Parcel Select packages delivered within 

the first three postal zones (300 miles) 

from origin. Origin Network 

Distribution Center and Sectional Center 

Facility prices are planned for packages 

up to 5 pounds and up to 0.35 cubic 

feet. To qualify for this service, a mailer 

must mail 10,000 Regional Ground 

pieces per year. The Postal Service 

includes five attachments with its 

Notice in support of Regional Ground 

service. 

• Decision of the Governors of the 

United States Postal Service on 

Establishment of Rate and Class of 

General Applicability for Regional 

Ground Service (Governors’ Decision 

No. 11–2); 

• Analysis of Regional Ground 

Service; 

• Certification of Governors’ Vote in 

the Governors’ Decision No. 11–2; 

• Proposed Mail Classification 

Schedule language; and 

• Application of the United States 

Postal Service for Non-Public Treatment 

of Materials. An unredacted copy of 

certain materials also has been filed 

with the Commission. 

The Commission establishes Docket 

No. CP2011–60 for consideration of 

matters related to the proposed Regional 

Ground price category identified in the 

Postal Service’s Notice. 

Interested persons may submit 

comments on whether the Postal 

Service’s Notice is consistent with the 

policies of 39 U.S.C. 3632, 3633 and 

3642 and 39 CFR 3015 and 3020. 

Comments are due no later than March 

2, 2011. The Postal Service’s Notice can 

be accessed via the Commission’s Web 

site (http://www.prc.gov). 


jlentini on DSKJ8SOYB1PROD with NOTICES