71152 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 

The Department corrects Section 

III(k)(1) of the Notice and PTE 2010–26 

to state: 

PNC is open for conducting all or 

substantially all of its banking functions, and 

FOR FURTHER INFORMATION CONTACT: Mr. 

Anh-Viet Ly of the Department at (202) 

693–8648. (This is not a toll-free 

number.) 

Signed at Washington, DC, this 17th day of 

November, 2010. 

Ivan L. Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. 2010–29342 Filed 11–19–10; 8:45 am] 

BILLING CODE 4510–29–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. NRC–2010–0360] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice of pending NRC action to 

submit an information collection 

request to the Office of Management and 

Budget (OMB) and solicitation of public 

comment. 

SUMMARY: The NRC invites public 

comment about our intention to request 

the OMB’s approval for renewal of an 

existing information collection that is 

summarized below. We are required to 

publish this notice in the Federal 

Register under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

Information pertaining to the 

requirement to be submitted: 

1. The title of the information 

collection: Comprehensive 

Decommissioning Program, Including 

Annual Data Collection. 

2. Current OMB Approval Number: 

OMB 3150–0206. 

3. How often the collection is 

required: Annually. 

4. Who is required or asked to report: 

All Agreement States who have signed 

Section 274(b) Agreements with NRC. 

5. The number of annual respondents: 

37 (13 Agreement States respondents 

with sites of interest + 24 Agreement 

States respondents with no sites of 

interest). 

6. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 662 (590 hours 

from Agreement States with sites of 

interest + 72 hours from Agreement 

States with no sites of interest). 

7. Abstract: Agreement States will be 

asked to provide information about 

uranium recovery and complex sites 

undergoing decommissioning regulated 

by the Agreement States on an annual 

basis. The information request will 

allow the NRC to compile, in a 

centralized location, more complete 

information on the status of 

decommissioning and decontamination 

in the United States in order to provide 

a national perspective on 

decommissioning. The information will 

be made available to the public by the 

NRC in order to ensure openness and 

promote communication to enhance 

public knowledge of the national 

decommissioning program. This does 

not apply to information, such as trade 

secrets and commercial or financial 

information provided by the Agreement 

States, that is considered privileged or 

confidential. Information such as 

financial assurance and the status of 

decommissioning funding would need 

to be identified by the Agreement State 

as privileged or confidential, 

whereupon the NRC would withhold 

such information from public access 

and treat it as sensitive or non-sensitive, 

per the considerations in 10 CFR 2.390 

and 9.17. This does not apply to 

financial assurance or decommissioning 

funding information that is already 

available to the public. Although 

specific details of the funding 

mechanisms are treated as confidential, 

beneficial lessons learned regarding the 

improvement of decommissioningrelated funding will be shared with the 

Agreement States. 

Submit, by January 21, 2011, 

comments that address the following 

questions: 

1. Is the proposed collection of 

information necessary for the NRC to 

properly perform its functions? Does the 

information have practical utility? 

2. Is the burden estimate accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques or other forms of 

information technology? 

A copy of the draft supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, 

Maryland 20852. OMB clearance 

requests are available at the NRC 

worldwide Web site: http:// 

www.nrc.gov/public-involve/doccomment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. Comments 

submitted in writing or in electronic 

form will be made available for public 

inspection. 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. 

Comments submitted should reference 

Docket No. NRC–2010–0339. You may 

submit your comments by any of the 

following methods: Electronic 

comments: Go to http:// 

www.regulations.gov and search for 

Docket No. NRC–2010–0339. Mail 

comments to NRC Clearance Officer, 

Tremaine Donnell (T–5 F53), U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. Questions 

about the information collection 

requirements may be directed to the 

NRC Clearance Officer, Tremaine 

Donnell (T–5 F53), U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by telephone at 

301–415–6258, or by e-mail to 

INFOCOLLECTS.Resource@nrc.gov. 

Dated at Rockville, Maryland, this 10th day 

of November 2010 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. 2010–29375 Filed 11–19–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–361 and 50–362; NRC– 

2010–0359] 

Southern California Edison; San 

Onofre Nuclear Generating Station, 

Unit 2 and Unit 3; Exemption 

1.0 Background 

Southern California Edison (SCE, the 

licensee) is the holder of the Facility 

Operating License Nos. NPF–10 and 

NPF–15, which authorize operation of 

the San Onofre Nuclear Generating 

Station (SONGS), Unit 2 and Unit 3, 

respectively. The licenses provide, 

among other things, that the facility is 

subject to all rules, regulations, and 

orders of the U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

now or hereafter in effect. 

The facility consists of two 

pressurized-water reactors located in 

San Diego County, California. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR) part 73, ‘‘Physical 

protection of plants and materials,’’ 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 71153 

Section 73.55, ‘‘Requirements for 

physical protection of licensed activities 

in nuclear power reactors against 

radiological sabotage,’’ published in the 

Federal Register on March 27, 2009, 

effective May 26, 2009, with a full 

implementation date of March 31, 2010, 

requires licensees to protect, with high 

assurance, against radiological sabotage 

by designing and implementing 

comprehensive site security programs. 

The amendments to 10 CFR 73.55 

published on March 27, 2009 (74 FR 

13926), establish and update generically 

applicable security requirements similar 

to those previously imposed by 

Commission orders issued after the 

terrorist attacks on September 11, 2001, 

and implemented by the licensees. In 

addition, the amendments to 10 CFR 

73.55 include additional requirements 

to further enhance site security based 

upon insights gained from 

implementation of the post September 

11, 2001, security orders. It is from one 

of these additional requirements that 

SCE now seeks an exemption from the 

implementation date. All other physical 

security requirements established by 

this recent rulemaking have been 

implemented by the licensee. 

By letter dated August 24, 2010, as 

supplemented by letter dated October 

17, 2010, the licensee requested an 

exemption in accordance with 10 CFR 

73.5, ‘‘Specific exemptions.’’ Portions of 

the August 24 and October 17, 2010, 

submittals contain safeguards and 

security-related information and, 

accordingly, redacted versions of those 

letters are available for public review in 

the Agencywide Documents Access and 

Management System (ADAMS), at 

Accession Nos. ML102380401 and 

ML102920691, respectively. By letter 

dated March 16, 2010 (Accession No. 

ML100630530), the NRC granted a 

previous exemption to SCE for two 

specific items subject to the revised rule 

in 10 CFR 73.55, allowing the 

implementation of one item to be 

deferred until October 31, 2010, and the 

implementation of a second item until 

January 31, 2011. The licensee has now 

requested an additional exemption from 

the current implementation date 

established in the prior exemption for 

one item, based on, in part, significant, 

unanticipated delays in the production, 

acceptance testing, and delivery of 

critical security equipment needed to 

meet the requirements of the new rule. 

Specifically, the licensee’s request is to 

extend the implementation date 

deadline from the current date of 

October 31, 2010, to February 28, 2011, 

for one specific requirement. In its 

October 17, 2010, supplemental letter, 

SCE provided additional information 

supporting the requested extension for 

implementation of the first item, and 

also determined that it is currently in 

compliance with the new rule for the 

second item, thereby withdrawing its 

exemption request for the second item. 

Granting this exemption extending the 

implementation date for the one 

remaining item would allow the 

licensee to complete the modifications 

designed to update aging equipment and 

incorporate state-of-the-art technology 

to meet the noted regulatory 

requirements. 

3.0 Discussion of Part 73 Schedule 

Exemption From the March 31, 2010, 

Full Implementation Date 

Pursuant to 10 CFR 73.55(a)(1), ‘‘By 

March 31, 2010, each nuclear power 

reactor licensee, licensed under 10 CFR 

part 50, shall implement the 

requirements of this section through its 

Commission-approved Physical Security 

Plan, Training and Qualification Plan, 

Safeguards Contingency Plan, and Cyber 

Security Plan referred to collectively 

hereafter as ‘security plans.’ ’’ Pursuant 

to 10 CFR 73.5, the Commission may, 

upon application by any interested 

person or upon its own initiative, grant 

exemptions from the requirements of 10 

CFR part 73 when the exemptions are 

authorized by law, and will not 

endanger life or property or the common 

defense and security, and are otherwise 

in the public interest. 

NRC approval of this exemption 

would allow an additional extension of 

the implementation date approved 

under a previous exemption from 

October 31, 2010, until February 28, 

2011, for one specific remaining 

requirement of the new rule. As stated 

above, 10 CFR 73.5 allows the NRC to 

grant exemptions from the requirements 

of 10 CFR part 73. The NRC staff has 

determined that granting the licensee’s 

proposed exemption would not result in 

a violation of the Atomic Energy Act of 

1954, as amended, or the Commission’s 

regulations. Therefore, the exemption is 

authorized by law. 

In the draft final power reactor 

security rule provided to the 

Commission, the NRC staff proposed 

that the requirements of the new 

regulation be met within 180 days. The 

Commission directed a change from 180 

days to approximately 1 year for 

licensees to fully implement the new 

requirements. This change was 

incorporated into the final rule. From 

this, it is clear that the Commission 

wanted to provide a reasonable 

timeframe for licensees to achieve full 

compliance. 

As noted in the final rule, the 

Commission also anticipated that 

licensees would have to conduct sitespecific analyses to determine what 

changes were necessary to implement 

the rule’s requirements, and that 

changes could be accomplished through 

a variety of licensing mechanisms, 

including exemptions. Since issuance of 

the final rule, the Commission has 

rejected a generic industry request to 

extend the rule’s compliance date for all 

operating nuclear power plants, but 

noted that the Commission’s regulations 

provide mechanisms for individual 

licensees, with good cause, to apply for 

relief from the compliance date as 

documented in a letter from R. W. 

Borchardt (NRC) to M. S. Fertel (Nuclear 

Energy Institute) dated June 4, 2009. 

The licensee’s request for an exemption 

is therefore consistent with the 

approach set forth by the Commission 

and discussed in the June 4, 2009, letter. 

SONGS Schedule Exemption Request 

The licensee provided detailed 

information in its letters dated August 

24 and October 17, 2010, requesting an 

exemption. In those letters, the licensee 

described its comprehensive plan to 

design, construct, test, and turn over the 

new equipment for the enhancement of 

the security capabilities at the SONGS 

site to achieve full compliance with the 

new regulation. The August 24 and 

October 17, 2010, letters contain 

security-related and safeguards 

information regarding the site security 

plan, details of the specific 

requirements of the regulation for which 

the licensee seeks exemption, 

justification for the additional extension 

request, a description of the required 

changes to the site’s security 

configuration, and a revised timeline 

with critical path activities that would 

enable the licensee to achieve full 

compliance by February 28, 2011. The 

timeline provides revised dates 

indicating when construction will be 

completed on various phases of the 

project and when critical equipment 

will be received, installed, tested and 

become operational. 

Notwithstanding the schedule 

exemption for this one remaining item, 

the licensee would continue to be in 

compliance with all other applicable 

physical security requirements, as 

described in 10 CFR 73.55 and reflected 

in its current NRC-approved physical 

security program. By February 28, 2011, 

SONGS would be in full compliance 

with all of the regulatory requirements 

of 10 CFR 73.55, as issued on March 27, 

2009. 


jlentini on DSKJ8SOYB1PROD with NOTICES
71154 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 

4.0 Conclusion for Part 73 Schedule 

Exemption Request 

The NRC staff has reviewed the 

licensee’s submittal and concludes that 

the licensee has provided adequate 

justification for its request for an 

extension of the previously authorized 

compliance date from October 31, 2010, 

to February 28, 2011, for one specific 

requirement. This conclusion is based 

on the staff’s determination that SCE has 

made a good faith effort to meet the 

requirements in a timely manner, has 

sufficiently described the reasons for the 

unanticipated delays, and has provided 

an updated detailed schedule with 

adequate justification for the additional 

time requested for the extension, based 

on those delays and an expansion to the 

original scope of work that the staff 

agrees is needed to ensure that required 

system capabilities are met. 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, ‘‘Specific exemptions,’’ an 

exemption to further extend the March 

31, 2010, compliance date is authorized 

by law and will not endanger life or 

property or the common defense and 

security, and is otherwise in the public 

interest. Therefore, the Commission 

hereby grants the requested exemption. 

The NRC staff has determined that the 

long-term benefits that will be realized 

when the SONGS security modifications 

are completed justifies exceeding the 

full compliance date with regard to the 

specified requirements of 10 CFR 73.55. 

The significant security enhancements 

SONGS needs additional time to 

complete are new requirements imposed 

by March 27, 2009, amendments to 10 

CFR 73.55, and are in addition to those 

required by the security orders issued in 

response to the events of September 11, 

2001. Therefore, the NRC concludes that 

the licensee’s actions are in the best 

interest of protecting the public health 

and safety through the security changes 

that will result from granting this 

exemption. 

As per the licensee’s request and the 

NRC’s regulatory authority to grant an 

exemption from the March 31, 2010, 

deadline for the one remaining item 

specified in Enclosure 1 of SCE’s letters 

dated August 24 and October 17, 2010, 

the licensee is required to be in full 

compliance by February 28, 2011. In 

achieving compliance, the licensee is 

reminded that it is responsible for 

determining the appropriate licensing 

mechanism (i.e., 10 CFR 50.54(p) or 10 

CFR 50.90) for incorporation of all 

necessary changes to its security plans. 

Pursuant to 10 CFR 51.32, ‘‘Finding of 

no significant impact,’’ the Commission 

has previously determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (75 FR 69136; 

November 10, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 10th day 

of November 2010. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–29368 Filed 11–19–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards (ACRS); Meeting of the 

ACRS Subcommittee on Reliability and 

PRA; Notice of Meeting 

The ACRS Subcommittee on 

Reliability and PRA will meet on 

December 13–14, 2010, Room T–2B1, 

11545 Rockville Pike, Rockville, 

Maryland. 

The agenda for the subject meeting 

shall be as follows: Monday, December 

13, 2010—8:30 a.m. until 5 p.m. and 

Tuesday, December 14, 2010—8:30 a.m. 

until 5 p.m. 

The Subcommittee will review the 

current state of licensee efforts on the 

fire protection program transition to 

NFPA–805. The Subcommittee will hear 

presentations by and hold discussions 

with the NRC staff and other interested 

persons regarding this matter. The 

Subcommittee will gather information, 

analyze relevant issues and facts, and 

formulate proposed positions and 

actions, as appropriate, for deliberation 

by the Full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official (DFO), John Lai 

(Telephone 301–415–5197 or E-mail: 

John.Lai@nrc.gov) five days prior to the 

meeting, if possible, so that appropriate 

arrangements can be made. Thirty-five 

hard copies of each presentation or 

handout should be provided to the DFO 

thirty minutes before the meeting. In 

addition, one electronic copy of each 

presentation should be emailed to the 

DFO one day before the meeting. If an 

electronic copy cannot be provided 

within this timeframe, presenters 

should provide the DFO with a CD 

containing each presentation at least 

thirty minutes before the meeting. 

Electronic recordings will be permitted 

only during those portions of the 

meeting that are open to the public. 

Detailed procedures for the conduct of 

and participation in ACRS meetings 

were published in the Federal Register 

on October 21, 2010, (75 FR 65038– 

65039). 

Detailed meeting agendas and meeting 

transcripts are available on the NRC 

Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information 

regarding topics to be discussed, 

changes to the agenda, whether the 

meeting has been canceled or 

rescheduled, and the time allotted to 

present oral statements can be obtained 

from the Web site cited above or by 

contacting the identified DFO. 

Moreover, in view of the possibility that 

the schedule for ACRS meetings may be 

adjusted by the Chairman as necessary 

to facilitate the conduct of the meeting, 

persons planning to attend should check 

with these references if such 

rescheduling would result in a major 

inconvenience. 

Dated: November 15, 2010. 

Antonio Dias, 

Chief, Reactor Safety Branch B, Advisory 

Committee on Reactor Safeguards. 

[FR Doc. 2010–29373 Filed 11–19–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–320; License No. DPR–73; 

NRC–2010–0358] 

Receipt of Request for Action Under 10 

CFR 2.206 

Notice is hereby given that by petition 

dated September 30, 2010, Mr. Eric J. 

Epstein has requested that pursuant to 

Title 10 of the Code of Federal 

Regulations (10 CFR), Section 2.206, 

‘‘Requests for Action under this 

Subpart,’’ the U.S. Nuclear Regulatory 

Commission (NRC) take action with 

regard to the Three Mile Island Unit-2 

(TMI–2) Nuclear Power Station. Mr. 

Epstein requests that the Commission 

take enforcement action in the form of 

a Demand for Information from 

FirstEnergy relating to inadequate 

financial assurance provided by the 

licensee for TMI–2’s nuclear 

decommissioning fund prior to the 

consummation of FirstEnergy’s 

proposed merger with Allegheny 

Energy. As the basis for this request, the 

petitioner states that the current 

radiological decommissioning cost 

estimate is $831.5 million and the 

current amount in the decommissioning 

trust fund is $484.5 million, as of 

December 31, 2008. Further, the 

petitioner states that FirstEnergy’s 

decommissioning report is inadequate, 


jlentini on DSKJ8SOYB1PROD with NOTICES