Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8147 

the Commission, an Atomic Safety and 

Licensing Board, or a 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. 

Indiana Michigan Power Company, 

Docket No. 50–316, Donald C. Cook 

Nuclear Plant, Unit 2, Berrien County, 

Michigan 

Date of amendment request: January 

24, 2010. 

Description of amendment request: 

The amendment revised Technical 

Specification 3.6.9, ‘‘Distributed Ignition 

System (DIS),’’ to allow Train B of the 

DIS to be considered operable with two 

inoperable ignitors. The current 

technical specifications permit no more 

than one inoperable ignitor per train for 

maintaining operability. The proposed 

technical specification revision is 

applicable until the fall 2010 refueling 

outage, or until the unit enters a mode 

which allows replacement of the 

affected ignitors without exposing 

personnel to significant radiation and 

safety hazards. 

Date of issuance: February 4, 2010. 

Effective date: As of the date of 

issuance, to be implemented within 5 

days. 

Amendment No.: 294. 

Facility Operating License No. DPR– 

74: Amendment revised the Technical 

Specifications and License. 

Public comments requested as to 

proposed no significant hazards 

consideration (NSHC): Yes. Public 

notice of the proposed amendment was 

published in The Herald-Palladium 

newspaper, located in the City of St. 

Joseph, Berrien County, Michigan, on 

January 29 and 30, 2010. The notice 

provided an opportunity to submit 

comments on the Commission’s 

proposed NSHC determination. No 

comments have been received. 

The Commission’s related evaluation 

of the amendment, finding of exigent 

circumstances, state consultation, and 

final NSHC determination are contained 

in a safety evaluation dated February 4, 

2010. 

Attorney for licensee: Mr. James M. 

Petro, Senior Legal Counsel, American 

Electric Power, One Cook Place, 

Bridgman, MI 49106. 

NRC Branch Chief: Robert J. 

Pascarelli. 

Dated at Rockville, Maryland, this 16th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–3357 Filed 2–22–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–05154; NRC–2010–0056] 

Notice of Consideration of Amendment 

Request for Decommissioning of 

Analytical Bio-Chemistry Laboratories, 

Inc. Sanitary Lagoon, Columbia, 

Missouri, and Opportunity To Request 

a Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of amendment request 

and opportunity to request a hearing. 

DATES: A request for a hearing must be 

filed by April 26, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Mike McCann, Senior Health Physicist, 

Materials Control, ISFSI, and 

Decommissioning Branch, Division of 

Nuclear Materials and Safety, Region III, 

U.S. Nuclear Regulatory Commission, 

2443 Warrenville Road, Lisle, Illinois 

60532; Telephone: (630) 829–9856; fax 

number: (630) 515–1259; or by e-mail at 

Mike.Mccann@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license amendment to 

Byproduct Material License No. 24– 

13365–01 issued to Analytical BioChemistry Laboratories, Inc. (the 

Licensee) pursuant to 10 CFR part 30. 

By application dated October 19, 2009, 

the Licensee requested authorization to 

decommission a sanitary lagoon, drain 

field and nearby out-door area (the 

Facility), which is part of the licensee’s 

56 acre site located at 7200 East ABC 

Lane, Columbia, Missouri. The licensee 

attached to the application for NRC 

review a decommissioning plan (DP) 

that describes the decommissioning 

actions to be employed (ADAMS 

Accession No. ML100120325). 

The licensee’s business activities 

include the conduct of research, 

development, and manufacturing of 

pharmaceuticals and agricultural 

chemicals. The licensee began 

operations at the site in 1968. The 

licensee was issued Byproduct Material 

License No. 24–13365–01 in 1972 for 

possession and use of sealed sources in 

electron capture detectors in gas 

chromatography instruments. The 

licensee’s research and commercial 

activities involving the use of unsealed 

radioactive materials increased over 

time with the addition of other 

radionuclides. The facility is located at 

7200 East ABC Lane in Columbia, 

Missouri adjacent to Interstate 70 

approximately 3 miles northeast of the 

city of Columbia. The licensee’s site is 

approximately 56 acres in size and is 

zoned as planned office, general 

industrial, and controlled industrial 

districts in central Boone County, 

Missouri. 

The Facility was approved by the 

Missouri Department of Natural 

Resources on June 6, 1986, to serve the 

licensee’s site facilities’ sanitary needs. 

The Facility was a single 13,500 square 

foot (0.31 acre) surface lagoon. The 

Facility and its associated application 

area and drain field were constructed on 

the west side of the site. Through site 

operations, small amounts of carbon-14 

and hydrogen-3 were discharged to the 

sanitary lagoon. This lagoon served the 

sanitary needs of the facility until 

March 2, 2004, when sewer discharge 

was diverted to the Boone County 

Regional Sewer District. 

An NRC administrative review, 

documented in a letter to the Licensee 

dated January 11, 2010, (ML100120321) 

found the DP acceptable for detailed 

technical review. 

If the NRC approves the DP, the 

approval will be documented in an 

amendment to NRC License No. 24– 

13365–01. However, before approving 

the proposed amendment, the NRC will 

need to make the findings required by 

the Atomic Energy Act of 1954 (AEA), 

as amended, and NRC’s regulations. 

These findings will be documented in a 

Safety Evaluation Report and an 

Environmental Assessment and/or an 

Environmental Impact Statement. If this 

amendment is approved, the license 

will be amended to authorize a partial 

site release that allows unrestricted use 

of the Facility following completion of 

decommissioning activities and 

verification by the NRC that the 

radiological criteria for unrestricted use 

of a building or separate area has been 

met. The licensee will continue licensed 

operations within other approved 

locations at the remainder of the site. 

II. Opportunity To Request a Hearing 

Requirements for hearing requests and 

petitions for leave to intervene are 

found in 10 CFR 2.309, ‘‘Hearing 

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8148 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

requests, Petitions to Intervene, 

Requirements for Standing, and 

Contentions.’’ Interested persons should 

consult 10 CFR part 2, section 2.309, 

which is available at the NRC’s Public 

Document Room (PDR), located at O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, MD 20852 (or 

call the PDR at (800) 397–4209 or (301) 

415–4737). NRC regulations are also 

accessible electronically from the NRC’s 

Electronic Reading Room on the NRC 

Web site at http://www.nrc.gov. 

III. Petitions for Leave To Intervene 

Any person whose interest may be 

affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written petition 

for leave to intervene. As required by 10 

CFR 2.309, a petition for leave to 

intervene shall set forth with 

particularity the interest of the 

petitioner in the proceeding and how 

that interest may be affected by the 

results of the proceeding. The petition 

must provide the name, address, and 

telephone number of the petitioner and 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the petitioner’s 

right under the AEA to be made a party 

to the proceeding; (2) the nature and 

extent of the petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any order that may be entered in the 

proceeding on the petitioner’s interest. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the petitioner must provide 

a specific statement of the issue of law 

or fact to be raised or controverted, as 

well as a brief explanation of the basis 

for the contention. Additionally, the 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment in response to the 

application. The petition must also 

include a concise statement of the 

alleged facts or expert opinions which 

support the position of the petitioner 

and on which the petitioner intends to 

rely at hearing, together with references 

to the specific sources and documents 

on which the petitioner intends to rely. 

Finally, the petition must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact, including references to specific 

portions of the application for 

amendment that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that the application for amendment fails 

to contain information on a relevant 

matter as required by law, the 

identification of each failure and the 

supporting reasons for the petitioner’s 

belief. Each contention must be one 

that, if proven, would entitle the 

petitioner to relief. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

regulations, policies, and procedures. 

The Licensing Board will set the time 

and place for any prehearing 

conferences and evidentiary hearings, 

and the appropriate notices will be 

provided. 

Non-timely petitions for leave to 

intervene and contentions, amended 

petitions, and supplemental petitions 

will not be entertained absent a 

determination by the Commission, the 

Licensing Board or a Presiding Officer 

that the petition should be granted and/ 

or the contentions should be admitted 

based upon a balancing of the factors 

specified in 10 CFR 2.309(c)(1)(i)–(viii). 

A State, county, municipality, 

Federally-recognized Indian Tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as a 

party under 10 CFR 2.309(d)(2). The 

petition should state the nature and 

extent of the petitioner’s interest in the 

proceeding. The petition should be 

submitted to the Commission by April 

26, 2010. The petition must be filed in 

accordance with the filing instructions 

in section IV of this document, and 

should meet the requirements for 

petitions for leave to intervene set forth 

in this section, except that State and 

Federally-recognized Indian tribes do 

not need to address the standing 

requirements in 10 CFR 2.309(d)(1) if 

the Facility is located within its 

boundaries. The entities listed above 

could also seek to participate in a 

hearing as a nonparty pursuant to 10 

CFR 2.315(c). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission to 

make a limited appearance pursuant to 

the provisions of 10 CFR 2.315(a). A 

person making a limited appearance 

may make an oral or written statement 

of position on the issues, but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to such 

limits and conditions as may be 

imposed by the Licensing Board. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by April 

26, 2010. 

IV. Electronic Submissions (E–Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E–Filing rule 

(72 FR 49139, August 28, 2007). The E– 

Filing 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 E– 

Submittal 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 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8149 

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, 

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 

February 23, 2010. Non-timely filings 

will not be entertained absent a 

determination by the presiding officer 

that the petition or request should be 

granted or the contentions should be 

admitted, based on a balancing of the 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

Dated at Lisle, IL, this 9th day of February 

2010. 

For the Nuclear Regulatory Commission, 

Christine A. Lipa, 

Chief, Materials Control, ISFSI, and 

Decommissioning Branch, Division of Nuclear 

Materials Safety, Region III. 

[FR Doc. 2010–3351 Filed 2–22–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. STN 50–528, STN 50–529, and 

STN 50–530; NRC–2010–0058] 

Arizona Public Service Company, et al. 

Palo Verde Nuclear Generating Station, 

Units 1, 2, and 3 Environmental 

Assessment and Finding of No 

Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an exemption from Title 10 

of the Code of Federal Regulations (10 

CFR) Part 50, Appendix G, ‘‘Fracture 

Toughness Requirements,’’ for Facility 

Operating License Nos. NPF–41, NPF– 

51, and NPF–74, issued to the Arizona 

Public Service Company (APS, or the 

licensee), for operation of the Palo 

Verde Nuclear Generating Station 

(PVNGS, the facility), Units 1, 2, and 3, 

respectively, located in Maricopa 

County, Arizona. Therefore, as required 

by 10 CFR 51.21, the NRC is issuing this 

environmental assessment and finding 

of no significant impact. 

Environmental Assessment 

Identification of the Proposed Action 

By letter dated February 19, 2009, as 

supplemented by letter dated December 

22, 2009, the licensee submitted a 

license amendment request where, 

among other changes, the licensee 

requested the use of an alternate 

methodology for calculating the stress 

intensity factor KIM due to internal 

pressure loading. As specified in the 

NRC safety evaluation approving 

Combustion Engineering (CE) Topical 

Report NPSD–683–A, Revision 6, 

‘‘Development of a RCS [Reactor Coolant 

System] Pressure and Temperature 

Limits Report (PTLR) for the removal of 

P–T [Pressure Temperature] Limits and 

LTOP [Low-Temperature Overpressure 

Protection] Requirements from the 

Technical Specifications,’’ dated March 

16, 2001, the licensee’s application 

included a request for an exemption 

from the requirements of 10 CFR Part 

50, Appendix G for pressure 

temperature (P–T) limits, since the 

alternate methodology applies the CE 

Nuclear Steam Supply System method 

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