Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices 76625 

FINDING OF NO SIGNIFICANT IMPACTS—Continued 

U.S. Nuclear Regulatory Commission. Letter to J. G. Klinger, Illinois Emergency Management Agency Division of 

Nuclear Safety, re: Review of the Draft EA and FONSI for the Zion Solutions ISFSI Decommissioning Funding 

Plan (72–1037) L24852. August 17, 2017. ADAMS Accession No. ML17227A037. 

U.S. Nuclear Regulatory Commission. Final Environmental Assessment and Finding of No Significant Impacts for 

Exelon Generation Company, LLC’s Initial and Updated Decommissioning Funding Plans Submitted in Accordance with 10 CFR 72.30(b) and (c) for Zion Independent Spent Fuel Storage Installation. October 2020. ADAMS 

Accession Package No. ML20212L883. 

U.S. Nuclear Regulatory Commission. Environmental Assessment for Final Rule-Decommissioning Planning. February 1, 2009. ADAMS Accession No. ML090500648. 

U.S. Nuclear Regulatory Commission. Note to File, Re: ESA Section 7 No Effect Determination for ISFSI DFP Reviews. May 15, 2017. ADAMS Accession No. ML17135A062. 

U.S. Nuclear Regulatory Commission’s Analysis of Exelon Generation Company, LLC’s Initial and Updated Decommissioning Funding Plans for Zion Independent Spent Fuel Storage Installation. October 2020. ADAMS Accession No. ML20279A558. 

Dated: November 20, 2020. 

For the Nuclear Regulatory Commission. 

John B. McKirgan, 

Chief, Storage and Transportation Licensing 

Branch, Division of Fuel Management, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2020–26144 Filed 11–27–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2020–0246] 

Physical Protection Programs at 

Nuclear Power Reactors Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing Revision 1 

to Regulatory Guide (RG) 5.76, 

‘‘Physical Protection Programs at 

Nuclear Power Reactors (SGI),’’ as a 

final RG. The NRC has revised RG 5.76 

to provide licensees guidance on the 

implementation of the ‘‘Reasonable 

Assurance of Protection Time’’ concept. 

This RG (Revision 1) clarifies issues that 

have been identified through 

interactions with stakeholders and 

inspection activities since the original 

publication of the guide. 

DATES: Revision 1 to RG 5.76 is available 

on November 30, 2020. 

ADDRESSES: Revision 1 to RG 5.76 

contains Safeguards Information (SGI). 

Therefore, this RG is being withheld 

from public disclosure, but is available 

to those affected licensees, stakeholders 

who have established a need to know, 

and cleared stakeholders who have 

access authorization. For access to RG 

5.76, contact the individuals listed in 

the FOR FURTHER INFORMATION CONTACT

section. 

Please refer to Docket ID NRC–2020– 

0246 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 website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0246. Address 

questions about Docket IDs in 

Regulations.gov to Jennifer Borges; 

telephone: 301–287–9127; email: 

Jennifer.Borges@nrc.gov. For technical 

questions, contact the individuals 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 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents is currently closed. You may 

submit your request to the PDR via 

email at PDR.Resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Gary 

Purdy, Office of Nuclear Security and 

Incident Response, telephone: 301–287– 

3629, email: Gary.Purdy@nrc.gov; or 

Mekonen Bayssie, Office of Nuclear 

Regulatory Research; telephone: 301– 

415–1699, email: Mekonen.Bayssie@

nrc.gov. Both are staff of the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC is issuing a revision to an 

existing guide in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe and make 

available to the public information 

regarding methods that are acceptable to 

the NRC staff for implementing specific 

parts of the agency’s regulations, 

techniques that the NRC staff uses in 

evaluating specific issues or postulated 

events, and data that the NRC staff 

needs in its review of applications for 

permits and licenses. 

Regulatory Guide 5.76 provides 

approaches determined to be acceptable 

to the NRC for meeting the requirements 

described in section 73.55, 

‘‘Requirements for physical protection 

of licensed activities in nuclear power 

reactors against radiological sabotage,’’ 

of title 10 of the Code of Federal 

Regulations (10 CFR). Specifically, this 

revision explains that a licensee may 

meet the general performance objective 

in 10 CFR 73.55(b)(1) to provide 

reasonable assurance that ‘‘activities 

involving special nuclear material are 

not inimical to the common defense and 

security and do not constitute an 

unreasonable risk to the public health 

and safety’’ by having a physical 

protection program that is capable of 

independently defending against the 

design basis threat (DBT) of radiological 

sabotage for a timeframe of at least 8 

hours. This timeframe, referred to as 

‘‘Reasonable Assurance of Protection 

Time’’ (RAPT), recognizes the existing 

layers of protection available to sites 

along with how the safety and security 

of the site would evolve over time 

following initiation of an attack. RG 

5.76, Rev. 1 has specific information for 

both operating power reactors and new 

reactors licensed under 10 CFR part 50 

and 10 CFR part 52. 

This revision of RG 5.76 (Revision 1) 

incorporates lessons learned from 

operating experience. Specifically, this 

revision clarifies issues that have been 

identified through interactions with 

stakeholders and inspection activities 

since the original publication of the 

guide. 

II. Additional Information 

Regulatory Guide 5.76 contains SGI. 

Accordingly, this RG is being withheld 

from public disclosure. It will be made 


TKELLEY on DSKBCP9HB2PROD with NOTICES
76626 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices 

available to those affected licensees and 

stakeholders who have an established 

need-to-know for access to the RG. The 

NRC did not announce the availability 

of the draft RG for public comment 

because the guide contains SGI and 

Official Use Only-Security Related 

information. Nonetheless, the NRC is 

issuing this notice to inform the public 

of the issuance of this revision to the 

RG. 

On September 17, 2020, the NRC 

issued a memorandum (ADAMS 

Accession No. ML20258A250) 

transmitting the draft regulatory guide 

for comment to stakeholders who have 

an established need-to-know for access 

to the document. The stakeholders’ 

comment period closed on October 23, 

2020. The NRC received 13 comments 

from stakeholders. The comments and 

the associated agency responses are 

available to the public in ADAMS under 

Accession No. ML20325A209. 

III. Congressional Review Act 

This RG is a rule as defined in the 

Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a major rule as defined in the 

Congressional Review Act. 

IV. Backfitting, Forward Fitting, and 

Issue Finality 

Revision 1 of RG 5.76 provides 

applicants or licensees with guidance to 

meet the requirements set forth in 10 

CFR 73.55. Licensees are not required to 

comply with the positions set forth in 

this regulatory guide. Therefore, 

issuance of this RG does not constitute 

backfitting as defined in 10 CFR 50.109, 

‘‘Backfitting,’’ and as described in 

Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests;’’ constitute forward fitting as 

that term is defined and described in 

MD 8.4; or affect issue finality of any 

approval issued under 10 CFR part 52, 

‘‘Licenses, Certificates, and Approvals 

for Nuclear Power Plants.’’ As explained 

in Section D., ‘‘Implementation,’’ of the 

regulatory guide, the NRC staff does not 

intend to use the guidance in this 

regulatory guide to support NRC staff 

actions in a manner that would 

constitute backfitting or forward fitting. 

If, in the future, the NRC seeks to 

impose a position in this regulatory 

guide in a manner that constitutes 

backfitting or forward fitting or affects 

the issue finality for a 10 CFR part 52 

approval, then the NRC will address the 

backfitting provision in 10 CFR 50.109, 

the forward fitting provision of MD 8.4, 

or the applicable issue finality provision 

in 10 CFR part 52 respectively. 

Dated: November 23, 2020. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guidance and Generic 

Issues Branch, Division of Engineering, Office 

of Nuclear Regulatory Research. 

[FR Doc. 2020–26273 Filed 11–27–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–003, 50–247, 50–286, and 

72–051; NRC–2020–0021] 

In the Matter of Entergy Nuclear 

Operations, Inc.; Entergy Nuclear 

Indian Point 2, LLC; Entergy Nuclear 

Indian Point 3, LLC; Holtec 

International and Holtec 

Decommissioning International, LLC; 

Indian Point Nuclear Generating Unit 

Nos 1, 2, and 3 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Transfer of licenses; order. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an Order 

approving the transfer of Provisional 

Operating License No. DPR–5 for Indian 

Point Nuclear Generating Station, Unit 

No. 1 (IP1); Renewed Facility Operating 

License Nos. DPR–26 and DPR–64 for 

Indian Point Nuclear Generating Unit 

Nos. 2 and 3, respectively, (collectively, 

with IP1, the Indian Point Energy Center 

(IPEC)); and the general license for the 

IPEC independent spent fuel storage 

installation to Holtec International 

(Holtec) subsidiaries. The Holtec 

subsidiaries would be known as Holtec 

Indian Point 2, LLC (Holtec IP2) and 

Holtec Indian Point 3, LLC (Holtec IP3). 

The Order also approves the transfer of 

operating authority from the currently 

licensed operator, Entergy Nuclear 

Operations, Inc. (ENOI), to Holtec 

Decommissioning International, LLC 

(HDI). The NRC is also issuing 

conforming amendments for the facility 

operating licenses for administrative 

purposes to reflect the transfer of the 

licenses from ENOI to HDI and the 

planned name change for Entergy 

Nuclear Indian Point 2, LLC and Entergy 

Nuclear Indian Point 3, LLC to Holtec 

IP2 and Holtec IP3, respectively. 

DATES: The Order was issued on 

November 23, 2020, and is effective for 

1 year. 

ADDRESSES: Please refer to Docket ID 

NRC–2020–0021 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document by 

using any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0021. Address 

questions about Docket IDs in 

Regulations.gov to Jennifer Borges; 

telephone: 301–287–9127; email: 

Jennifer.Borges@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The license transfer Order, the 

NRC safety evaluation supporting the 

staff’s findings, and the conforming 

license amendments are available in 

ADAMS Package Accession No. 

ML19170A147. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at PDR.Resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard V. Guzman, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

1030, email: Richard.Guzman@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the Order is attached. 

Dated: November 23, 2020. 

For the Nuclear Regulatory Commission. 

Richard V. Guzman, 

Senior Project Manager, Plant Licensing 

Branch I, Division of Operator Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

Attachment—Order Approving 

Transfer of Licenses and Approving 

Conforming Amendments 

United States of America 

Nuclear Regulatory Commission 

In the Matter of: Entergy Nuclear 

Operations, Inc., Entergy Nuclear Indian 

Point 2, LLC, Entergy Nuclear Indian 

Point 3, LLC; Indian Point Nuclear 

Generating Station, Unit Nos. 1, 2, and 

3 and ISFSI, EA–20–142 

Docket Nos. 50–003, 50–247, 50–286, 

and 72–051 

License Nos. DPR–5, DPR–26, and DPR– 

64 


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