Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 6731 

2. The title of the information 

collection: NRC Form 664, General 

Licensee Registration; 

3. Current OMB approval number: 

3150–0198. 

4. The form number if applicable: 

NRC Form 664. 

5. How often the collection is 

required: Annually. 

6. Who will be required or asked to 

report: General Licensees of the NRC 

who possess certain generally licensed 

devices subject to annual registration 

authorized pursuant to 10 CFR 31.5. 

7. An estimate of the number of 

annual responses: 840. 

8. The estimated number of annual 

respondents: 840. 

9. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: The number of 

hours needed annually to complete the 

requirement or request: 280 hours 

annually (840 respondents × 20 minutes 

per form). 

10. Abstract: NRC Form 664 is used 

by NRC general licensees to make 

reports regarding certain generally 

licensed devices subject to annual 

registration. The registration program 

allows NRC to better track general 

licensees, so that they can be contacted 

or inspected as necessary, and to make 

sure that generally licensed devices can 

be identified even if lost or damaged. 

Also, the registration program ensures 

that general licensees are aware of and 

understand the requirements for the 

possession, use and disposal of devices 

containing byproduct material. Greater 

awareness helps to ensure that general 

licensees will comply with the 

regulatory requirements for proper 

handling and disposal of generally 

licensed devices and would reduce the 

potential for incidents that could result 

in unnecessary radiation exposure to the 

public and contamination of property. 

A copy of the final 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 and questions should be 

directed to the OMB reviewer listed 

below by March 12, 2010. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

Christine J. Kymn, Desk Officer, 

Office of Information and Regulatory 

Affairs (3150–0198), NEOB–10202, 

Office of Management and Budget, 

Washington, DC 20503. 

Comments can also be e-mailed to 

Christine.J.Kymn@omb.eop.gov or 

submitted by telephone at (202) 395– 

4638. 

The NRC Clearance Officer is 

Tremaine Donnell, (301) 415–6258. 

Dated at Rockville, Maryland, this 1st day 

of February, 2010. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. 2010–2962 Filed 2–9–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–261; NRC–2010–0027] 

Carolina Power & Light Company; 

Notice of Consideration of Issuance of 

Amendment to Facility Operating 

License, Proposed No Significant 

Hazards Consideration Determination 

and Opportunity for a Hearing, and 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Facility Operating License No. DPR– 

23 issued to Carolina Power & Light 

Company (the licensee) for operation of 

the H. B. Robinson Steam Electric Plant, 

Unit 2, located in Darlington County, 

South Carolina. 

The December 16, 2009, application 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML093631212) contains 

proprietary information, which the 

Commission classifies as sensitive 

unclassified non-safeguards information 

(SUNSI). The proposed amendment 

would modify Technical Specification 

(TS) 5.5.9 to revise the steam generator 

(SG) alternate repair criteria and TS 

5.6.8 to revise the SG tube inspection 

reporting requirements. Specifically, the 

proposed change would revise 

requirements in TS 5.5.9, called 

alternate repair criteria, which would 

allow inspection of the tube to start 

within the tubesheet region (a minimum 

of 17.28 inches below the top of the 

tubesheet) and add requirements to 

report indications in this region and 

primary to secondary leakage that could 

be attributed to the uninspected portion 

of the tube within the tubesheet. The 

change is being proposed as a temporary 

requirement until the next scheduled 

inspection. 

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), Section 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 Change Does Not Involve 

a Significant Increase in the Probability or 

Consequences of an Accident Previously 

Evaluated. 

The proposed change does not involve 

physical changes to any plant structure, 

system, or component. The inspection of the 

portion of the steam generator tubes within 

the tubesheet region is being changed to 

identify the appropriate scope of inspection 

and the criteria for plugging tubes that are 

found with degradation. The proposed 

requirements will continue to ensure that the 

probability of a steam generator tube rupture 

accident is not increased. Therefore, the 

probability of occurrence for a previously 

analyzed accident is not significantly 

increased. 

The consequences of a previously analyzed 

accident are dependent on the initial 

conditions assumed for the analysis, the 

behavior of the fission product barriers 

during the analyzed accident, the availability 

and successful functioning of the equipment 

assumed to operate in response to the 

analyzed event, and the setpoints at which 

these actions are initiated. The proposed 

inspection and repair requirements will 

ensure that the plant continues to meet 

applicable design and safety analyses 

acceptance criteria. The proposed change 

does not affect the performance of any 

equipment used to mitigate the consequences 

of an analyzed accident. As a result, no 

analysis assumptions are impacted and there 

are no adverse effects on the factors that 

contribute to offsite or onsite dose as a result 

of an accident. The proposed change does not 

affect setpoints that initiate protective or 

mitigative actions. The proposed change 

ensures that plant structures, systems, and 

components are maintained consistent with 


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6732 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 

the safety analysis and licensing bases. Based 

on this evaluation, there is no significant 

increase in the consequences of a previously 

analyzed accident. 

Therefore, this change does not involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated. 

2. The Proposed Change Does Not Create 

the Possibility of a New or Different Kind of 

Accident From Any Previously Evaluated. 

The proposed change does not involve any 

physical alteration of plant systems, 

structures, or components. No new or 

different equipment is being installed. No 

installed equipment is being operated in a 

different manner. There is no change to the 

parameters within which the plant is 

normally operated or in the setpoints that 

initiate protective or mitigative actions. The 

proposed inspection and repair criteria will 

establish appropriate requirements to ensure 

that the steam generator tubes are properly 

maintained. As a result, no new failure 

modes are being introduced. 

Therefore, the proposed change does not 

create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. 

3. The Proposed Change Does Not Involve 

a Significant Reduction in the Margin of 

Safety. 

The proposed change defines the safety 

significant portion of the tube that must be 

inspected and repaired. WCAP–17091–P 

identifies the specific inspection depth below 

which any type of tube degradation is shown 

to have no impact on the performance criteria 

in NEI 97–06 Rev. 2, ‘‘Steam Generator 

Program Guidelines’’ and TS 5.5.9, ‘‘Steam 

Generator (SG) Program.’’ 

The proposed change that alters the SG 

inspection and reporting criteria maintains 

the required structural margins of the SG 

tubes for normal, transient, and accident 

conditions. Nuclear Energy Institute 97–06, 

‘‘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 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 Criteria (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. The probability and consequences of 

a SGTR are reduced by establishing the 

limiting safe conditions for tube wall 

degradation. RG 1.121 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 report WCAP–17091–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 applicable plant conditions. The 

steam line break accident leak rate factor for 

HBRSEP, Unit No. 2, is 1.82 (Table 9–7 in 

WCAP–17091–P). Multiplying this factor by 

the room temperature TS operational leak 

rate limit of 75 gpd through any one SG 

indicates that an assumed primary to 

secondary accident induced leak rate of 136.5 

gpd or greater through any one SG is required 

to ensure that the limiting design basis 

accident assumption is not exceeded (at room 

temperature). This condition is satisfied by 

the current UFSAR assumed primary to 

secondary accident induced leak rate of 150 

gpd through any one SG for SLB. 

Therefore, the proposed change does not 

involve a significant reduction in any margin 

of safety. 

The NRC staff has reviewed the 

licensee’s analysis and, 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 

within 30 days after the date of 

publication of this notice will be 

considered in making any final 

determination. 

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. 

Written comments may be submitted 

by mail to the Chief, Rulemaking and 

Directives Branch (RDB), TWB–05– 

B01M, Division of Administrative 

Services, Office of Administration, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, and 

should cite the publication date and 

page number of this Federal Register 

notice. Written comments may also be 

faxed to the RDB at 301–492–3446. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. 

Within 60 days after the date of 

publication of this notice, any person(s) 

whose interest may be affected by this 

action may file a request for a hearing 

and a petition to intervene with respect 

to issuance of the amendment to the 

subject facility operating license. 

Requests for a hearing and a petition for 

leave to intervene shall be filed in 

accordance with the Commission’s 

‘‘Rules of Practice for Domestic 

Licensing Proceedings’’ in 10 CFR Part 

2. Interested person(s) should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s PDR, 

located at One White Flint North, Public 

File Area O1F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible from the Agencywide 

Documents Access and Management 

System’s (ADAMS) Public Electronic 

Reading Room on the Internet at the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/doc-collections/cfr/. If a 

request for a hearing or petition for 

leave to intervene is filed by the above 

date, the Commission or a presiding 

officer designated by the Commission or 

by the Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel, will rule on the request and/or 

petition; and the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner in the proceeding, and 

how that interest may be affected by the 

results of the proceeding. The petition 

should specifically explain the reasons 

why intervention should be permitted 

with particular reference to the 

following general requirements: (1) The 

name, address and telephone number of 

the requestor or petitioner; (2) the 

nature of the requestor’s/petitioner’s 

right under the Act to be made a party 

to the proceeding; (3) the nature and 

extent of the requestor’s/petitioner’s 

property, financial, or other interest in 

the proceeding; and (4) the possible 


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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. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the requestor/petitioner shall 

provide a brief explanation of the bases 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The requestor/petitioner must 

also provide references to those specific 

sources and documents of which the 

petitioner is aware and on which the 

petitioner intends to rely to establish 

those facts or expert opinion. The 

petition must include sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact. 

Contentions shall be limited to matters 

within the scope of the amendment 

under consideration. The contention 

must be one which, if proven, would 

entitle the petitioner to relief. A 

requestor/petitioner who fails to satisfy 

these requirements with respect to at 

least one contention will not be 

permitted to participate as a party. 

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. 

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. 

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:// 

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 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 

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, 


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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. 

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. 

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:// 

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 the 

date of publication of this notice. Nontimely 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). 

For further details with respect to this 

license amendment application, see the 

application for amendment dated 

December 16, 2009 (ADAMS Accession 

No. ML093631212), which is available 

for public inspection at the 

Commission’s PDR, located at One 

White Flint North, File Public Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the Agencywide Documents 

Access and Management System’s 

(ADAMS) Public Electronic Reading 

Room on the Internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/ 

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 by telephone 

at 1–800–397–4209, 301–415–4737, or 

by e-mail to pdr.resource@nrc.gov. 

Attorney for licensee: David T. 

Conley, Associate General Counsel II— 

Legal Department, Progress Energy 

Service Company, LLC, Post Office Box 

1551, Raleigh, North Carolina 27602. 

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 

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 


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Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 6735 

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. 

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 4th day 

of February 2010. 

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 NonSafeguards 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). 

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 NonDisclosure 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. 


sroberts on DSKD5P82C1PROD with NOTICES
6736 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 

Day Event/activity 

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

answers. 

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

[FR Doc. 2010–2976 Filed 2–9–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–334 and 50–412; NRC– 

2010–0049] 

FirstEnergy Nuclear Operating 

Company, FirstEnergy Nuclear 

Generation Corp., Ohio Edison 

Company, the Toledo Edison 

Company, Beaver Valley Power 

Station, Unit Nos. 1 and 2; 

Environmental Assessment and 

Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an exemption, pursuant to 

Title 10 of the Code of Federal 

Regulations (10 CFR) Section 73.5, 

‘‘Specific exemptions,’’ from the 

implementation date for a certain new 

requirement of 10 CFR Part 73, 

‘‘Physical protection of plants and 

materials,’’ for Renewed Facility 

Operating License Nos. DPR–66 and 

NPF–73, issued to FirstEnergy Nuclear 

Operating Company (licensee), for 

operation of the Beaver Valley Power 

Station, Unit Nos. 1 and 2 (BVPS–1 and 

2), located in Shippingport, 

Pennsylvania. In accordance with 10 

CFR 51.21, the NRC prepared an 

environmental assessment documenting 

its finding. The NRC concluded that the 

proposed actions will have no 

significant environmental impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would exempt 

BVPS–1 and 2 from the required 

implementation date of March 31, 2010, 

for a certain new requirement of 10 CFR 

part 73. Specifically, BVPS–1 and 2 

would be granted an exemption from 

being in full compliance with a certain 

new requirement contained in 10 CFR 

73.55 by the March 31, 2010, 

implementation deadline. The licensee 

has proposed an alternate full 

compliance implementation date of 

December 17, 2010, approximately 9 

months beyond the date required by 10 

CFR part 73. The proposed action, an 

extension of the schedule for 

completion of certain actions required 

by the revised 10 CFR part 73, does not 

involve any physical changes to the 

reactor, fuel, plant structures, support 

structures, water, or land at the BVPS– 

1 and 2 site. 

The proposed action is in accordance 

with the licensee’s application dated 

November 30, 2009 (Agencywide 

Document and Management System 

(ADAMS) Accession No. 

ML093370152), as supplemented by 

letter dated December 23, 2009 (ADAMS 

Accession No. ML093650293). 

The Need for the Proposed Action 

The proposed action is needed to 

provide the licensee with additional 

time to design the necessary 

modifications, procure equipment and 

material, and implement upgrades to 

comply with a specific aspect of 10 CFR 

73.55. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its 

environmental assessment of the 

proposed exemption. The NRC staff has 

concluded that the proposed action to 

extend the implementation deadline 

would not significantly affect plant 

safety and would not have a significant 

adverse effect on the probability of an 

accident occurring. 

The proposed action would not result 

in an increased radiological hazard 

beyond those previously analyzed in the 

environmental assessment and finding 

of no significant impact made by the 

Commission in promulgating its 

revisions to 10 CFR part 73 as discussed 

in a Federal Register notice dated 

March 27, 2009 (74 FR 13967). There 

will be no change to radioactive 

effluents that affect radiation exposures 

to plant workers and members of the 

public. Therefore, no changes or 

different types of radiological impacts 

are expected as a result of the proposed 

exemption. 

The proposed action does not result 

in changes to land use or water use, or 

result in changes to the quality or 

quantity of non-radiological effluents. 

No changes to the National Pollution 

Discharge Elimination System permit 

are needed. No effects on the aquatic or 

terrestrial habitat in the vicinity of the 

plant, or to threatened, endangered, or 

protected species under the Endangered 

Species Act, or impacts to essential fish 

habitat covered by the MagnusonSteven’s Act are expected. There are no 

impacts to the air or ambient air quality. 

There are no impacts to historical and 

cultural resources. There would be no 

impact to socioeconomic resources. 

Therefore, no changes to or different 

types of non-radiological environmental 

impacts are expected as a result of the 

proposed exemption. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

action. In addition, in promulgating its 

revisions to 10 CFR part 73, the 

Commission prepared an environmental 

assessment and published a finding of 

no significant impact [Part 73, Power 

Reactor Security Requirements, 74 FR 

13926, 13967 (March 27, 2009)]. 

The licensee currently maintains 

security plans acceptable to the NRC. 

The new 10 CFR part 73 security 

measures that would be implemented by 

March 31, 2010, would continue to 

provide acceptable onsite physical 

protection of BVPS–1 and 2. Therefore, 

the extension of the implementation 

date of a certain new requirement of 10 

CFR part 73, to September 27, 2010, 

would not have any significant 

environmental impacts. 

The NRC staff’s safety evaluation will 

be provided in the exemption that will 

be issued as part of the letter to the 

licensee approving the exemption to the 

regulation, if granted. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

actions, the NRC staff considered denial 

of the proposed actions (i.e., the ‘‘noaction’’ alternative). Denial of the 

exemption request would result in no 

change in current environmental 

impacts. If the proposed action was 

denied, the licensee would have to 

comply with the March 31, 2010, 

implementation deadline. The 

environmental impacts of the proposed 

exemption and the ‘‘no action’’ 

alternative are similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

considered in the Final Environmental 

Statement for BVPS–1, dated July 1973, 

and for BVPS–2, NUREG–1094, dated 

September 1985, as supplemented 

through the ‘‘Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Plants Regarding Beaver 

Valley Power Station, Units 1 and 2, 

Supplement 36, Final Report’’ (NUREG– 

1437). 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on January 20, 2010, the NRC staff 

consulted with Larry Ryan of the 

Pennsylvania Department of 

Environmental Protection, regarding the 

environmental impact of the proposed 

action. The State official had no 

comments. 


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