Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 74099 

Entergy Operations, Inc., Docket No. 50– 

368, Arkansas Nuclear One, Unit No. 2, 

Pope County, Arkansas 

Date of application for amendment: 

June 23, 2010. 

Brief description of amendment: 

Current Technical Specification (TS) 

6.5.8, ‘‘Inservice Testing Program,’’ 

contains references to the American 

Society of Mechanical Engineers 

(ASME) Boiler and Pressure Vessel 

Code, Section XI as the source of 

requirements for the inservice testing 

(IST) of ASME Code Class 1, 2, and 3 

pumps and valves. The amendment 

deleted the references to Section XI of 

the Code and incorporated references to 

the ASME Code for Operation and 

Maintenance of Nuclear Power Plants 

(ASME OM Code). The amendment also 

indicates that there may be some 

nonstandard frequencies utilized in the 

IST Program in which the provisions of 

Surveillance Requirement (SR) 3.0.2 are 

applicable. The changes are consistent 

with Technical Specification Task Force 

(TSTF) Technical Change Travelers 

TSTF–479–A, ‘‘Changes to Reflect 

Revision of 10 CFR 50.55a,’’ and TSTF– 

497–A, ‘‘Limit Inservice Testing Program 

SR 3.0.2 Application to Frequencies of 

2 Years or Less.’’ 

Date of issuance: November 5, 2010. 

Effective Date: As of the date of 

issuance and shall be implemented 

within 90 days from the date of 

issuance. 

Amendment No.: 291. 

Renewed Facility Operating License 

No. NPF–6: Amendment revised the 

Technical Specifications/license. 

Date of initial notice in the Federal 

Register: August 10, 2010 (75 FR 

48375). 

The Commission’s related evaluation 

of the amendment is contained in a 

Safety Evaluation dated November 5, 

2010. 

No significant hazards consideration 

comments received: No. 

Luminant Generation Company LLC, 

Docket Nos. 50–445 and 50–446, 

Comanche Peak Nuclear Power Plant, 

Unit Nos. 1 and 2, Somervell County, 

Texas 

Date of amendment request: May 27, 

2010, as supplemented by letter dated 

August 26, 2010. 

Brief description of amendments: The 

amendments revised Technical 

Specification (TS) 3.8.3, ‘‘Diesel Fuel 

Oil, Lube Oil, and Starting Air,’’ by 

relocating the current stored diesel fuel 

oil and lube oil numerical volume and 

level requirements from the TSs to the 

TS Bases so that it may be modified 

under licensee control. The TSs have 

been modified so that the stored diesel 

fuel oil and lube oil inventory will 

require that a 7-day supply be available 

for each diesel generator. Condition A 

and Condition B in the Action table and 

Surveillance Requirements (SRs) 3.8.3.1 

and 3.8.3.2 are also revised to reflect the 

above change. The changes are 

consistent with NRC-approved Revision 

1 to Technical Specification Task Force 

(TSTF) Improved Standard Technical 

Specification Change Traveler TSTF– 

501, ‘‘Relocate Stored Fuel Oil and Lube 

Oil Volume Values to Licensee Control.’’ 

The availability of the TS improvement 

was announced in the Federal Register 

on May 26, 2010, as part of the 

consolidated line item improvement 

process. 

Date of issuance: November 4, 2010. 

Effective Date: As of the date of 

issuance and shall be implemented 

within 120 days from the date of 

issuance. 

Amendment Nos.: Unit 1—153; 

Unit 2—153. 

Facility Operating License Nos. NPF– 

87 and NPF–89: The amendments 

revised the Facility Operating Licenses 

and Technical Specifications. 

Date of initial notice in the Federal 

Register: August 10, 2010 (75 FR 

48376). The supplemental letter dated 

August 26, 2010, provided additional 

information that clarified the 

application, did not expand the scope of 

the application as originally noticed, 

and did not change the staff’s original 

proposed no significant hazards 

consideration determination as 

published in the Federal Register. 

The Commission’s related evaluation 

of the amendments is contained in a 

Safety Evaluation dated November 4, 

2010. 

No significant hazards consideration 

comments received: No. 

Southern Nuclear Operating Company, 

Inc., Georgia Power Company, 

Oglethorpe Power Corporation, 

Municipal Electric Authority of Georgia, 

City of Dalton, Georgia, Docket Nos. 50– 

321 and 50–366, Edwin I. Hatch Nuclear 

Plant, Units 1 and 2, Appling County, 

Georgia 

Date of application for amendments: 

December 17, 2009. 

Brief description of amendments: The 

amendments revised the Technical 

Specifications (TSs) for Limiting 

Condition for Operations 3.1.2 

‘‘Reactivity Anomalies’’ changing 

Surveillance Requirement 3.1.2.1 

methodology. 

Date of issuance: November 4, 2010. 

Effective Date: As of the date of 

issuance and shall be implemented 

within 60 days from the date of 

issuance. 

Amendment Nos.: 263 and 207. 

Renewed Facility Operating License 

Nos. DPR–57 and NPF–5: Amendments 

revised the licenses and the TSs. 

Date of initial notice in Federal 

Register: February 23, 2010. 

The Commission’s related evaluation 

of the amendments is contained in a 

Safety Evaluation dated November 4, 

2010. 

No significant hazards consideration 

comments received: No. 

Dated at Rockville, Maryland, this 19th 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. 2010–29941 Filed 11–29–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–143; License No. SNM–124; 

EA–10–076; NRC–2010–0365] 

In the Matter of Nuclear Fuel Services, 

Inc., Erwin, TN; Confirmatory Order 

Modifying License (Effective 

Immediately) 

I 

Nuclear Fuel Services, Inc. (NFS or 

Licensee) is the holder of Special 

Nuclear Materials License No. SNM–124 

issued by the Nuclear Regulatory 

Commission (NRC or Commission) 

pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR) part 70 on 

July 2, 1999. The license authorizes the 

operation of the NFS facility in 

accordance with the conditions 

specified therein. The facility is located 

on the Licensee’s site in Erwin, 

Tennessee. 

This Confirmatory Order is the result 

of an agreement reached during an 

Alternative Dispute Resolution (ADR) 

session conducted on October 4, 2010. 

II 

On October 7, 2009, the NRC Office of 

Investigations (OI) began an 

investigation (OI Case No. 2–2010–001) 

at NFS. Based on the evidence 

developed during its investigation, OI 

substantiated that a former Industrial 

Safety Specialist at NFS willfully 

provided the NRC incomplete and 

inaccurate information concerning fire 

damper inspections at NFS on two 

separate occasions. The results of the 

investigation, completed on February 

26, 2010, were sent to NFS in a letter 


jdjones on DSK8KYBLC1PROD with NOTICES
74100 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 

dated July 20, 2010. The NRC’s July 20, 

2010, letter offered NFS the opportunity 

to resolve the enforcement aspects of 

this matter through the NRC’s normal 

enforcement process, or through ADR. 

In response to the NRC’s offer, NFS 

requested use of the NRC ADR process 

to resolve the matter. 

On October 4, 2010, the NRC and NFS 

met in an ADR session mediated by a 

professional mediator, arranged through 

Cornell University’s Institute on 

Conflict Resolution. ADR is a process in 

which a neutral mediator with no 

decision-making authority assists the 

parties in reaching an agreement on 

resolving any differences regarding the 

dispute. This confirmatory order is 

issued pursuant to the agreement 

reached during the ADR process. 

III 

During the ADR session, a 

preliminary settlement agreement was 

reached. The elements of the agreement 

consisted of the following: 

1. NFS agreed that two examples of a 

violation of 10 CFR 70.9(a), occurred, 

which requires that information 

provided to the NRC be complete and 

accurate in all material respects. The 

violation involved the following: 

a. On November 25, 2008, NFS 

submitted to the NRC a Reply to Notice 

of Violation that was not complete and 

accurate in all material respects. NFS’s 

letter documented that all fire dampers 

in procedure NFS–GH–22 were 

inspected in September of 2008, and 

passed the inspection, when in fact, 12 

of the fire dampers had not been 

inspected (three of which were 

designated as items relied on for safety). 

The NRC preliminarily concluded that 

the submittal of inaccurate information 

was due, in part, to the willful actions 

of a former Industrial Safety Specialist 

at NFS who was tasked with drafting the 

written reply to the Notice of Violation. 

The inaccurate information was material 

to the NRC because it was used by the 

NRC to confirm that the required fire 

damper inspections had been 

completed. 

b. During the NRC’s August 2009 

inspection, the NRC attempted to verify 

the corrective actions as documented in 

the November 25, 2008 Reply to Notice 

of Violation. In support of the 

inspection, the aforementioned former 

Industrial Safety Specialist at NFS 

created and provided a document to the 

NRC inspector, which indicated that all 

but one of the fire dampers had been 

fully inspected during 2008, when in 

fact, more than one of the dampers had 

not been fully inspected. The NRC 

preliminarily concluded that this 

inaccurate information was willfully 

provided to the NRC. This information 

was material to the NRC because it was 

used during the inspection to confirm 

that the required fire damper 

inspections had been completed. 

2. The NRC concluded that the 

actions of the former NFS Industrial 

Safety Specialist were willful. In its 

investigation, NFS did not reach any 

conclusions regarding willfulness. 

3. In response to the violation 

described above, NFS implemented 

numerous corrective actions and 

enhancements, including but not 

limited to a prompt investigation into 

the incident, a root cause and corrective 

action review, an extent of condition 

and extent of cause review, a Safety 

Culture Implications Review, 

organizational and process changes in 

response to the 10 CFR 70.9 violation, 

training and communication initiatives, 

initiatives to improve employee 

awareness of the incident and lessons 

learned, and initiatives to gauge 

employee awareness of NFS’s corrective 

actions, enhancements, and lessons 

learned. 

4. In response to the issues as 

described in Section III.1(a) and (b) 

above, NFS agreed to the following 

actions: 

a. Within 30 days of issuance of this 

Confirmatory Order, NFS will submit a 

Reply to a Notice of Violation, which 

documents its corrective actions and 

enhancements as discussed in Section 

III.3 above. NFS’s Reply to a Notice of 

Violation will be consistent with the 

requirements of 10 CFR 2.201. 

b. Within one year of issuance of this 

Confirmatory Order, NFS will conduct 

an effectiveness review of each 

completed corrective action identified 

in its written Reply to a Notice of 

Violation. In response to its 

effectiveness review, NFS will 

implement additional corrective actions 

to address any deficiencies or 

weaknesses, and will continue to do so 

until such deficiencies and weaknesses 

are resolved. 

c. Within six months of issuance of 

this Confirmatory Order, NFS will 

conduct an assessment of the 

effectiveness of its actions to assure the 

adequacy and accuracy of information 

submitted to the NRC, including 

continuous improvements to its 

processes and changes to its 

organizational structure. The assessment 

will be conducted by an independent 

group (i.e., from outside the safety 

organization). NFS will address, through 

enhancements and corrective actions, 

the issues identified as a result of the 

assessment. 

d. NFS agrees to develop and 

implement an appropriate safety culture 

improvement plan to address the 

findings identified in the second Safety 

Culture Assessment report that was 

provided to the NRC on June 29, 2010. 

NFS also agrees to assess the 

effectiveness of its plan and implement 

additional corrective actions for any 

weaknesses or deficiencies identified, 

by June 2012. Corrective actions will 

continue to be implemented until such 

time that NFS demonstrates to NRC that 

the actions were fully effective. 

e. NFS will conduct integrated 

independent safety culture assessments 

using a variety of appropriate 

assessment tools (which may include, 

but are not limited to, an independent 

third party review, employee surveys, 

Nuclear Safety Review Board inputs, 

self-assessments), no later than June 

2013, and at least every 24 months 

thereafter, to an accepted nuclear 

industry standard. The safety culture 

assessments will include the following 

provisions and attributes: 

i. The integrated assessment results 

will be shared with NFS staff within 30 

days of completion of results. 

ii. The integrated assessment results 

will be provided to the NRC within 30 

days of completion of results. 

iii. The corrective action plans to 

address the issues identified in these 

integrated assessments will be provided 

to the NRC within 60 days of 

completion of results. 

iv. Appropriate and timely corrective 

actions will be implemented to address 

the issues identified in these 

assessments. 

v. Effectiveness reviews of corrective 

actions will be implemented within one 

year of completion of the corrective 

action. Additional corrective action will 

be taken to address those actions which 

were not fully effective. 

vi. NFS will inform the NRC when it 

has determined that improvements in 

safety culture are sufficient and 

sustainable. 

vii. The above actions involving 

independent safety culture assessments 

will continue until NRC has concluded 

that the actions were fully effective. 

f. NFS will complete an assessment of 

its current corrective action program 

against the requirements of NQA–1– 

2008, Part III, Subpart 3.1, ‘‘NonMandatory Appendix 16A–1.’’ Based on 

this assessment, NFS will submit a 

license amendment request within nine 

months of the date of issuance of this 

Confirmatory Order incorporating into 

the license its current corrective action 

program including the additional 

enhancements made to the program as 

a result of the assessment. 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 74101 

g. NFS shall implement metrics to 

measure overall safety performance at 

the facility. 

5. The NRC and NFS agree that the 

above elements will be incorporated 

into a Confirmatory Order, and that the 

two examples of a violation of 10 CFR 

70.9 will be cited as a Notice of 

Violation, and included as an 

attachment to the final Confirmatory 

Order. In addition, NFS agrees to waive 

its hearing rights for the issues 

documented in the Confirmatory Order. 

6. In consideration of the 

commitments delineated in Section III.4 

above and in Section V, the NRC agrees 

to refrain from proposing a civil penalty 

for all matters discussed in the NRC’s 

letter to NFS of July 20, 2010 (EA–10– 

076). 

7. Issuance of this Confirmatory Order 

for the above actions supersedes the 

NRC’s Confirmatory Order to NFS, 

dated February 21, 2007, which is now 

closed. 

8. This agreement is binding upon 

successors and assigns of NFS. 

IV 

Since the licensee has agreed to take 

additional actions to address NRC 

concerns, as set forth in Section V, the 

NRC has concluded that its concerns 

can be resolved through issuance of this 

Confirmatory Order. 

I find that NFS’s commitments as set 

forth in Section V are acceptable and 

necessary and conclude that with these 

commitments, the public health and 

safety are reasonably assured. In view of 

the foregoing, I have determined that 

public health and safety require that 

NFS’s commitments be confirmed by 

this Order. Based on the above and 

NFS’s consent, this Confirmatory Order 

is immediately effective upon issuance. 

V 

Accordingly, pursuant to Sections 51, 

53, 161b, 161i, 161o, 182 and 186 of the 

Atomic Energy Act of 1954, as amended, 

and the Commission’s regulations in 10 

CFR 2.202 and 10 CFR part 70, it is 

hereby ordered, effective immediately, 

that License No. SNM–124 Is modified 

as follows: 

1. Within 30 days of issuance of this 

Confirmatory Order, NFS will submit a 

Reply to a Notice of Violation, which 

documents its corrective actions and 

enhancements as discussed in Section 

III.3 above. NFS’s Reply to the Notice of 

Violation will be consistent with the 

requirements of 10 CFR 2.201. 

2. Within one year of issuance of this 

Confirmatory Order, NFS will conduct 

an effectiveness review of each 

completed corrective action identified 

in its written Reply to a Notice of 

Violation. In response to its 

effectiveness review, NFS will 

implement additional corrective actions 

to address any deficiencies or 

weaknesses, and will continue to do so 

until such deficiencies and weaknesses 

are resolved. 

3. Within six months of issuance of 

this Confirmatory Order, NFS will 

conduct an assessment of the 

effectiveness of its actions to assure the 

adequacy and accuracy of information 

submitted to the NRC, including 

continuous improvements to its 

processes and changes to its 

organizational structure. The assessment 

should be conducted by an independent 

group (i.e., from outside the safety 

organization). NFS will then address the 

issues identified as a result of the 

assessment. 

4. NFS agrees to develop and 

implement an appropriate safety culture 

improvement plan to address the 

findings identified in the second Safety 

Culture Assessment report that was 

provided to the NRC on June 29, 2010. 

NFS also agrees to assess the 

effectiveness of its plan, and implement 

additional corrective actions for any 

weaknesses or deficiencies identified, 

by June 2012. Corrective actions will 

continue to be implemented until such 

time that NFS has demonstrated that the 

actions were fully effective. 

5. NFS will conduct integrated 

independent safety culture assessments 

using a variety of appropriate 

assessment tools (which may include, 

but are not limited to, an independent 

third party review, employee surveys, 

Nuclear Safety Review Board inputs, 

self-assessments), no later than June 

2013, and at least every 24 months 

thereafter, to an accepted nuclear 

industry standard. The safety culture 

assessments will include the following 

provisions and attributes: 

a. The integrated assessment results 

will be shared with NFS staff within 30 

days of completion of results. 

b. The integrated assessment results 

will be provided to the NRC within 30 

days of completion of results. 

c. The corrective action plans to 

address the issues identified in these 

integrated assessments will be provided 

to the NRC within 60 days of 

completion of results. 

d. Appropriate and timely corrective 

actions will be implemented to address 

the issues identified in these 

assessments. 

e. Effectiveness reviews of corrective 

actions will be implemented within one 

year of completion of the corrective 

action. Additional corrective action is 

taken to address those actions which 

were not fully effective. 

f. NFS will inform the NRC when it 

has determined that improvements in 

safety culture are sufficient and 

sustainable. 

g. The above actions involving 

independent safety culture assessments 

will continue until NRC has concluded 

that the actions were fully effective. 

6. NFS will complete an assessment of 

its current corrective action program 

against the requirements of NQA–1– 

2008, Part III, Subpart 3.1, ‘‘NonMandatory Appendix 16A–1.’’ Based on 

this assessment, NFS will submit a 

license amendment request within nine 

months of the date of issuance of this 

Confirmatory Order, incorporating into 

the license its current corrective action 

program including the additional 

enhancements made to the program as 

a result of the assessment. 

7. NFS shall implement metrics to 

measure overall safety performance at 

the facility. 

The Regional Administrator, NRC 

Region II, may relax or rescind, in 

writing, any of the above conditions 

upon a showing by NFS of good cause. 

VI 

Any person adversely affected by this 

Confirmatory Order, other than NFS, 

may request a hearing within 20 days of 

its publication in the Federal Register. 

Where good cause is shown, 

consideration will be given to extending 

the time to request a hearing. A request 

for extension of time must be made in 

writing to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

and include a statement of good cause 

for the extension. 

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 


jdjones on DSK8KYBLC1PROD with NOTICES
74102 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 

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 the Electronic 

Information Exchange (EIE), 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/ 

e-submittals.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. 

If a person (other than NFS) requests 

a hearing, that person shall set forth 

with particularity the manner in which 

his interest is adversely affected by this 

Confirmatory Order and shall address 

the criteria set forth in 10 CFR 2.309(d) 

and (f). 

If a hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an order 

designating the time and place of any 

hearing. If a hearing is held, the issue to 

be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section V above shall be final 20 days 

from the date this Confirmatory Order is 

published in the Federal Register 

without further order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section V shall 

be final when the extension expires if a 

hearing request has not been received. 

A request for hearing shall not stay 

the immediate effectiveness of this 

order. 

Dated this 16th day of November 2010. 

For the Nuclear Regulatory Commission. 

Victor M. McCree, 

Deputy Regional Administrator for 

Operations. 

[FR Doc. 2010–30116 Filed 11–29–10; 8:45 am] 

BILLING CODE 7590–01–P 


jdjones on DSK8KYBLC1PROD with NOTICES