Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70305 

pdr.resource@nrc.gov, or by calling the 

PDR at 1–800–397–4209, or from the 

Publicly Available Records System 

(PARS) component of NRC’s document 

system (ADAMS) which is accessible 

from the NRC Web site at http:// 

www.nrc.gov/reading-rm/adams.html or 

http://www.nrc.gov/reading-rm/docollections/ACRS/. 

Video teleconferencing service is 

available for observing open sessions of 

ACRS meetings. Those wishing to use 

this service for observing ACRS 

meetings should contact Mr. Theron 

Brown, ACRS Audio Visual Technician 

(301–415–8066), between 7:30 a.m. and 

3:45 p.m. (ET), at least 10 days before 

the meeting to ensure the availability of 

this service. 

Individuals or organizations 

requesting this service will be 

responsible for telephone line charges 

and for providing the equipment and 

facilities that they use to establish the 

video teleconferencing link. The 

availability of video teleconferencing 

services is not guaranteed. 

Dated: November 10, 2010. 

Andrew L. Bates, 

Advisory Committee Management Officer. 

[FR Doc. 2010–28961 Filed 11–16–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–266 and 50–301; NRC– 

2010–0350] 

NextEra Energy Point Beach, LLC, 

Point Beach Nuclear Plant, Units 1 and 

2; Notice of Consideration of Issuance 

of Amendment to Facility Operating 

License, and Opportunity for a Hearing 

and Order Imposing Procedures for 

Document Access to Sensitive 

Unclassified Non-Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission (NRC or the Commission). 

ACTION: Notice of license amendment 

request, opportunity to request a 

hearing, and Commission order. 

DATES: A request for a hearing must be 

filed by January 18, 2011. Any potential 

party as defined in Title 10 of the Code 

of Federal Regulations (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 November 29, 2010. 

ADDRESSES: Please include Docket ID 

NRC–2010–0350 in the subject line of 

your comments. 

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. 

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 April 7, 2009, 

contains proprietary information and, 

accordingly, those portions are being 

withheld from public disclosure. A 

redacted version of the application for 

amendment, dated April 7, 2009, is 

available electronically under ADAMS 

Accession No. ML091250564. 

FOR FURTHER INFORMATION CONTACT: 

Terry A. Beltz, Senior Project Manager, 

Plant Licensing Branch III–1, Division of 

Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

301–415–3049; fax number: 301–415– 

2102; e-mail: Terry.Beltz@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is considering issuance of an 

amendment to Facility Operating 

License Nos. DPR–24 and DPR–27 

issued to NextEra Energy Point Beach, 

LLC (the licensee) for operation of the 

Point Beach Nuclear Plant (PBNP), 

Units 1 and 2, located in Manitowac 

County, Wisconsin. 

The proposed amendment would 

increase the licensed core power level 

for PBNP Units 1 and 2 from 1540 

megawatts thermal (MWt) to 1800 MWt. 

The increase in core thermal power will 

be approximately 17 percent over the 

current licensed thermal power level 

and is categorized as an Extended Power 

Uprate (EPU). The proposed amendment 

would change the Renewed Facility 

Operating Licenses, the Technical 

Specifications (TSs) and licensing bases 

to support operation at the increased 

core thermal power level, including 

changes to the maximum licensed 

reactor core thermal power, reactor core 

safety limits, constant axial offset 

control operating strategy, reactor 

protection system and engineered safety 

feature actuation system, limited safety 

system setting values, and diesel 

generator (DG) start loss of voltage time 

delays. Additional TS changes include 

reactor coolant system flow rate, 

pressurizer operating level, pressurizer 

safety valve settings, accumulator and 

refueling water storage tank boron 

concentrations, main steam safety valve 

maximum allowable power level and lift 

settings, new main feedwater isolation 

valves, modifications to the auxiliary 

feedwater system, condensate storage 

tank level, and Core Operating Limits 

Report references. 

A high energy line break (HELB) 

outside containment program has been 

reconstituted to ensure documentation 

demonstrates compliance with the 

plant’s license basis. The review of the 

EPU license amendment request will 

include the HELB reconstitution to 

verify compliance with the licensing 

basis and acceptability for EPU 

conditions. The HELB evaluations have 

been re-evaluated at EPU conditions 

using the following: (1) Implementation 

of NRC Generic Letter 87–11, 

‘‘Relaxation in Arbitrary Intermediate 

Pipe Rupture Requirements,’’ dated June 

19, 1987, and Branch Technical Position 

MEB 3–1, ‘‘Postulated Rupture Locations 

in Fluid System Piping Inside and 

Outside Containment,’’ Revision 2, 

dated June 1987, (2) mass and energy 

released from a HELB, (3) compartment 

pressurization transient evaluation 

following a HELB event, (4) jet 

impingement from streams following a 

HELB event, and (5) operator response 

time evaluation. 

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 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 

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70306 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 

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 Atomic 

Energy Act of 1954, as amended, 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 

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 Atomic Safety and Licensing Board 

(the 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 

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 January 

18, 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 Board. Persons desiring 

to make a limited appearance are 

requested to inform the Secretary of the 

Commission by January 18, 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, then 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 EFiling 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:// 

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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70307 

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. 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the ESubmittal 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/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 

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 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 NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

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 

November 17, 2010. 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: William Blair, 

Senior Attorney, NextEra Energy Point 

Beach, LLC, 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: 

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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. 

(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 

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, November 

10, 2010. 

For the 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). 

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Day Event/Activity 

25 .................................................... If NRC staff finds no ‘‘need’’ or no ‘‘likelihood’’ of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest 

independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 .................................................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 .................................................... (Receipt +30) If NRC staff finds standing and ‘‘need’’ for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for 

applicant/licensee to file Non-Disclosure Agreement for SUNSI. 

A ...................................................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective 

order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ............................................... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision 

issuing the protective order. 

A + 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. 2010–28963 Filed 11–16–10; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: U.S. Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 15Ba2–6T; OMB Control No. 3235– 

0659; SEC File No. 270–618. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the existing collection of information 

provided for in the following rule: Rule 

15Ba2–6T—Temporary Registration as a 

Municipal Advisor; Required 

Amendments; and Withdrawal from 

Temporary Registration (17 CFR 

240.15Ba2–6T) under the Securities 

Exchange Act of 1934 (15 U.S.C. 78a et 

seq.) (‘‘Exchange Act’’). The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget (‘‘OMB’’) for 

extension and approval. 

Paragraph (a) of Rule 15Ba2–6T 

requires municipal advisors, as defined 

in Section 15B(e)(4) of the Exchange Act 

(15 U.S.C. 78o–4(e)(4)), to electronically 

file with the Commission on the 

Commission’s Web site at the following 

link, Municipal Advisor Registration. 

The information set forth in Form MA– 

T (17 CFR 249.1300T) to temporarily 

register or withdraw from temporary 

registration. 

Paragraph (b)(1) of Rule 15Ba2–6T 

requires municipal advisors to promptly 

amend their temporary registration 

whenever information concerning Items 

1 (Identifying Information) or 3 

(Disciplinary Information) of Form MA– 

T becomes inaccurate in anyway. 

Paragraph (b)(2) of Rule 15Ba2–6T 

requires municipal advisors to promptly 

amend their temporary registration 

whenever they wish to withdraw from 

registration. 

Paragraph (c) of Rule 15Ba2–6T 

provides that every initial registration, 

amendment to registration, or 

withdrawal from registration filed 

pursuant to this rule constitutes a 

‘‘report’’ within the meaning of 

applicable provisions of the Exchange 

Act. 

Paragraph (d) of Rule 15Ba2–6T 

provides that every Form MA–T, 

including every amendment to or 

withdrawal from registration, is 

considered filed with the Commission 

when the electronic form on the 

Commission’s website is completed and 

the Commission has sent confirmation 

to the municipal advisor that the form 

was filed. 

Paragraph (e) of Rule 15Ba2–6T 

provides that all temporary registrations 

of municipal advisors will expire on the 

earlier of: (1) The date that the 

registration is approved or disapproved 

by the Commission pursuant to a final 

rule adopted by the Commission 

establishing another manner of 

registration and prescribing a form for 

the registration; (2) the date on which 

the municipal advisor’s temporary 

registration is rescinded by the 

Commission; or (3) December 31, 2011. 

Paragraph (f) of Rule 15Ba2–6T 

provides that Rule 15Ba2–6T will expire 

on December 31, 2011. 

The primary purpose of Rule 15Ba2– 

6T is to provide information about 

municipal advisors to investors and 

issuers, as well as the Commission 

pursuant to the Dodd-Frank Wall Street 

Reform and Consumer Protection Act. 

Commission staff estimates that 

approximately 1,000 municipal advisors 

will file Form MA–T. Commission staff 

estimates that each of the approximately 

1,000 municipal advisors will spend an 

average of 2.5 hours preparing each 

Form MA–T. Therefore, the estimated 

total reporting burden associated with 

completing Form MA–T is 2,500 hours. 

Additionally, Commission staff 

estimates that approximately 1,000 

municipal advisors will amend their 

Form MA–T once during the period of 

September 1, 2010 through December 

31, 2011 and that it will take 

approximately 30 minutes to amend 

their form, which means the total 

burden associated with amending Form 

MA–T is 500 hours. Therefore, the total 

annual burden associated with 

completing and amending Form MA–T 

is 3,000 hours. 

The Commission believes that some 

municipal advisors will seek outside 

counsel to help them comply with the 

requirements of Rule 15Ba2–6T and 

Form MA–T, and assumes that each of 

the 1,000 municipal advisors will 

consult outside counsel for one hour for 

this purpose. The hourly rate for an 

attorney is $400, according to the 

Securities Industry and Financial 

Markets Association’s publication titled 

mstockstill on DSKH9S0YB1PROD with NOTICES