388 Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices 

F. Submitting Written Limited 

Appearance Statements 

As provided in 10 CFR 2.315(a), any 

person not a party, or the representative 

of a party, to the proceeding may submit 

a written statement setting forth his or 

her position on matters of concern 

relating to this proceeding. The Board 

would particularly encourage such 

statements regarding the matters 

addressed in the staff’s final SER (Office 

of Nuclear Materials Safety and 

Safeguards, NRC, NUREG–1951, [SER] 

for the [EREF] in Bonneville, County, 

Idaho (Sept. 2010) (ADAMS Accession 

No. ML102710296)). Although these 

statements do not constitute testimony 

or evidence, they nonetheless may help 

the Board or the parties in their 

consideration of the issues in this 

proceeding. 

A written limited appearance 

statement may be submitted at any time 

and should be sent to the Office of the 

Secretary using one of the methods 

prescribed below: 

Mail: Office of the Secretary, 

Rulemakings and Adjudications Staff, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Fax: (301) 415–1101 (verification 

(301) 415–1966) 

E-mail: hearingdocket@nrc.gov. 

In addition, using the same method of 

service, a copy of the written limited 

appearance statement should be sent to 

the Chairman of this Licensing Board as 

follows: 

Mail: Administrative Judge G. Paul 

Bollwerk, III, Atomic Safety and 

Licensing Board Panel, Mail Stop 

T–3F23, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

Fax: (301) 415–5599 (verification 

(301) 415–6094) 

E-mail: paul.bollwerk@nrc.gov. 

Although the Board does not intend to 

conduct oral limited appearance 

sessions at this juncture, at a later date 

the Board may entertain oral limited 

appearance statements at a location or 

locations in the vicinity of the proposed 

EREF. Notice of any oral limited 

appearance sessions will be published 

in the Federal Register and would be 

made available to the public at the 

NRC’s Public Document Room or on the 

NRC’s Web site, http://www.nrc.gov. 

It is so ordered. 

For the Atomic Safety and Licensing 

Board. 

Dated: December 17, 2010. 

G. Paul Bollwerk, III, 

Chairman, Rockville, Maryland. 

[FR Doc. 2010–33184 Filed 1–3–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Act Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATES: Weeks of January 3, 10, 17, 24, 

31, February 7, 2011. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of January 3, 2011 

There are no meetings scheduled for 

the week of January 3, 2011. 

Week of January 10, 2011—Tentative 

Tuesday, January 11, 2011 

9:30 a.m. Discussion of Management 

Issues (Closed—Ex. 2). 

Week of January 17, 2011—Tentative 

There are no meetings scheduled for 

the week of January 17, 2011. 

Week of January 24, 2011—Tentative 

Monday, January 24, 2011 

1 p.m. Briefing on Safety Culture 

Policy Statement (Public Meeting). 

(Contact: Diane Sieracki, 301–415– 

3297.) 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Week of January 31, 2011—Tentative 

Tuesday, February 1, 2011 

9 a.m. Briefing on Digital 

Instrumentation and Controls (Public 

Meeting). 

(Contact: Steven Arndt, 301–415– 

6502.) 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Week of February 7, 2011—Tentative 

Tuesday, February 8, 2011 

9 a.m. Briefing on Implementation of 

Part 26 (Public Meeting). 

(Contact: Shana Helton, 301–415– 

7198.) 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

* * * * * 

*The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Rochelle Bavol, (301) 415–1651. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

Braille, large print), please notify Angela 

Bolduc, Chief, Employee/Labor 

Relations and Work Life Branch, at 301– 

492–2230, TDD: 301–415–2100, or by email at angela.bolduc@nrc.gov. 

Determinations on requests for 

reasonable accommodation will be 

made on a case-by-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: December 29, 2010. 

Rochelle C. Bavol, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2010–33268 Filed 12–30–10; 11:15 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–424 and 50–425; NRC– 

2010–0389] 

Southern Nuclear Operating Company; 

Vogtle Electric Generating Plant, Unit 

Nos. 1 and 2; 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 Document Access to 

Sensitive Unclassified Non-Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission [NRC, the Commission]. 

ACTION: Notice of license amendment 

request, opportunity to comment, 

opportunity to request a hearing, and 

Commission Order. 

DATES: Submit comments by February 3, 

2011. A request for a hearing must be 

filed by [March 7, 2011. Any potential 

party as defined in Title 10 of the Code 

of Federal Regulations (10 CFR) 2.4 who 

believes access to Sensitive Unclassified 

Non-Safeguards Information and/or 

Safeguards Information is necessary to 

respond to this notice must request 

document access by January 14, 2011. 

ADDRESSES: Please include Docket ID 

NRC–2010–0389 in the subject line of 


jlentini on DSKJ8SOYB1PROD with NOTICES
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your comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You may submit comments by any 

one of the following methods. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0389. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Chief, Rules, 

Announcements and Directives Branch 

(RADB), Office of Administration, Mail 

Stop: TWB–05–B01M, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, or by fax to RADB at 

301–492–3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine, and have 

copied for a fee, publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852. These documents may also be 

viewed electronically on the public 

computers located at the NRC’s PDR at 

11555 Rockville Pike, Rockville, 

Maryland 20852. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. The application 

for amendment, dated November 23, 

2010 contains proprietary information 

and, accordingly, those portions are 

being withheld from public disclosure. 

A redacted version of the application for 

amendment is available electronically 

under ADAMS Accession No. 

ML103300241. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2010–0389. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Patrick Boyle, Project Manager, Plant 

Licensing Branch 2–1, Division of 

Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

301–415–3936. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is considering issuance of an 

amendment to Facility Operating 

License Nos. NPF–68 and NPF–81 

issued to Southern Nuclear Operating 

Company (the licensee) for operation of 

the Vogtle Electric Generating Plant, 

Units 1 and 2 (VEGP), located in Burke 

County, Georgia. 

The proposed amendment proposes to 

revise VEGP Technical Specification 

(TS) 5.5.9, ‘‘Steam Generator (SG) 

Program,’’ to exclude portions of the 

tube below the top of the steam 

generator tubesheet from periodic steam 

generator tube inspections for Unit 1 

during Refueling Outage 16 and the 

subsequent operating cycle and for Unit 

2 during Refueling Outage 15 and the 

subsequent operating cycle. In addition, 

this amendment proposes to revise TS 

5.6.10, ‘‘Steam Generator Tube 

lnspection Report’’ to remove reference 

to previous interim alternate repair 

criteria and provide reporting 

requirements specific to the temporary 

alternate repair criteria. 

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 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) Does the proposed change involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The previously analyzed accidents are 

initiated by the failure of plant structures, 

systems, or components. The proposed 

change that alters the steam generator 

inspection criteria and the steam generator 

inspection reporting criteria does not have a 

detrimental impact on the integrity of any 

plant structure, system, or component that 

initiates an analyzed event. The proposed 

change will not alter the operation of, or 

otherwise increase the failure probability of 

any plant equipment that initiates an 

analyzed accident. 

Of the applicable accidents previously 

evaluated, the limiting transients with 

consideration to the proposed change to the 

steam generator tube inspection and repair 

criteria are the steam generator tube rupture 

(SGTR) event and the feedline break (FLB) 

postulated accidents. 

During the SGTR event, the required 

structural integrity margins of the steam 

generator tubes and the tube-to-tubesheet 

joint over the H* distance will be 

maintained. Tube Enclosure 1 Basis for 

Proposed Change E1–16 rupture in tubes 

with cracks within the tubesheet is precluded 

by the constraint provided by the tube-totubesheet joint. This constraint results from 

the hydraulic expansion process, thermal 

expansion mismatch between the tube and 

tubesheet, and from the differential pressure 

between the primary and secondary side. 

Based on this design, the structural margins 

against burst, as discussed in Regulatory 

Guide (RG) 1.121, ‘‘Bases for Plugging 

Degraded PWR Steam Generator Tubes,’’ 

(Reference 10) are maintained for both 

normal and postulated accident conditions. 

The proposed change has no impact on the 

structural or leakage integrity of the portion 

of the tube outside of the tubesheet. The 

proposed change maintains structural 

integrity of the steam generator tubes and 

does not affect other systems, structures, 

components, or operational features. 

Therefore, the proposed change results in no 

significant increase in the probability of the 

occurrence of a SGTR accident. 

At normal operating pressures, leakage 

from primary water stress corrosion cracking 

below the proposed limited inspection depth 

is limited by both the tube-to-tubesheet 

crevice and the limited crack opening 

permitted by the tubesheet constraint. 

Consequently, negligible normal operating 

leakage is expected from cracks within the 

tubesheet region. The consequences of an 

SGTR event are affected by the primary-tosecondary leakage flow during the event. 

However, primary-to-secondary leakage flow 

through a postulated broken tube is not 

affected by the proposed changes since the 

tubesheet enhances the tube integrity in the 


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region of the hydraulic expansion by 

precluding tube deformation beyond its 

initial hydraulically expanded outside 

diameter. Therefore, the proposed changes do 

not result in a significant increase in the 

consequences of a SGTR. 

The consequences of a steam line break 

(SLB) are also not significantly affected by 

the proposed changes. During a SLB 

accident, the reduction in pressure above the 

tubesheet on the shell side of the steam 

generator creates an axially uniformly 

distributed load on the tubesheet due to the 

reactor coolant system pressure on the 

underside of the tubesheet. The resulting 

bending action constrains the tubes in the 

tubesheet thereby restricting primary-tosecondary leakage below the midplane. 

Primary-to-secondary leakage from tube 

degradation in the tubesheet area during the 

limiting accident (i.e., a SLB) is limited by 

flow restrictions. These restrictions result 

from the crack and tube-to-tubesheet contact 

pressures that provide a restricted leakage 

path above the indications and also limit the 

degree of potential crack face opening as 

compared to free span indications. 

The leakage factor of 2.48 for Vogtle 

Electric Generating Plant (VEGP), for a 

postulated SLB/FLB, has been calculated as 

shown in Revised Table 9–7 of Reference 11. 

Specifically, for the condition monitoring 

(CM) assessment, the component of leakage 

from the prior cycle from below the H* 

distance will be multiplied by a factor of 2.48 

and added to the total leakage from any other 

source and compared to the allowable 

accident induced leakage limit. For the 

operational assessment (OA), the difference 

in the leakage between the allowable leakage 

and the accident induced leakage from 

sources other than the tubesheet expansion 

region will be divided by 2.48 and compared 

to the observed operational leakage. 

Enclosure 1 Basis for Proposed Change 

E1–17. 

The probability of a SLB is unaffected by 

the potential failure of a steam generator tube 

as the failure of the tube is not an initiator 

for a SLB event. SLB leakage is limited by 

leakage flow restrictions resulting from the 

leakage path above potential cracks through 

the tube-to-tubesheet crevice. The leak rate 

during postulated accident conditions 

(including locked rotor) has been shown to 

remain within the accident analysis 

assumptions for all axial and or 

circumferentially orientated cracks occurring 

15.2 inches below the top of the tubesheet. 

The accident induced leak rate limit is 1.0 

gpm. The TS operational leak rate is 150 gpd 

(0.1 gpm) through any one steam generator. 

Consequently, there is significant margin 

between accident leakage and allowable 

operational leakage. The SLB/FLB leak rate 

ratio is only 2.48 resulting in significant 

margin between the conservatively estimated 

accident leakage and the allowable accident 

leakage (1.0 gpm). 

Therefore, the proposed change does not 

involve a significant increase in the 

probability or consequences of an accident 

previously evaluated. 

(2) Does the change create the possibility 

of a new or different kind of accident from 

any accident previously evaluated? 

Response: No. 

The proposed change that alters the steam 

generator inspection criteria and the steam 

generator inspection reporting criteria does 

not introduce any new equipment, create 

new failure modes for existing equipment, or 

create any new limiting single failures. Plant 

operation will not be altered, and all safety 

functions will continue to perform as 

previously assumed in accident analyses. 

Therefore, the proposed change does not 

create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. 

(3) Does the change involve a significant 

reduction in a margin of safety? 

Response: No. 

The proposed change that alters the steam 

generator inspection criteria and the steam 

generator inspection reporting criteria 

maintains the required structural margins of 

the steam generator tubes for both normal 

and accident conditions. NEI 97–06, Revision 

2, ‘‘Steam Generator Program Guidelines’’ 

(Reference 6) and RG 1.121, are used as the 

bases in the development of the limited 

tubesheet inspection depth methodology for 

determining that steam generator tube 

integrity considerations are maintained 

within acceptable limits. RG 1.121 describes 

a method acceptable to the NRC for meeting 

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. RG 

1.121 concludes that by determining the 

limiting safe conditions for tube wall 

degradation the probability and 

consequences of a SGTR are reduced. This 

RG 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, the H* 

analysis, Enclosure 1 Basis for Proposed 

Change E1–18 documented in section 4, 

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 all plant conditions. The methodology 

for determining leakage provides for large 

margins between calculated and actual 

leakage values in the proposed limited 

tubesheet inspection depth criteria. 

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 

by February 3, 2011 will be considered 

in making any final determination. You 

may submit comments using any of the 

methods discussed under the 

ADDRESSES caption. 

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. 

II. Opportunity To Request a Hearing 

Requirements for hearing requests and 

petitions for leave to intervene are 

found in 10 CFR 2.309, ‘‘Hearing 

requests, petitions to intervene, 

requirements for standing, and 

contentions.’’ Interested persons should 

consult 10 CFR Part 2, Section 2.309, 

which is available at the NRC’s 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 

requestor/petitioner in the proceeding 

and how that interest may be affected by 

the results of the proceeding. The 

petition must provide the name, 

address, and telephone number of the 


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requestor or petitioner and specifically 

explain the reasons why the 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the requestor’s/ 

petitioner’s right under the Act to be 

made a party to the proceeding; (2) the 

nature and extent of the requestor’s/ 

petitioner’s property, financial, or other 

interest in the proceeding; and (3) the 

possible effect of any decision or order 

which may be entered in the proceeding 

on the requestor’s/petitioner’s interest. 

The petition must also identify the 

specific contentions which the 

requestor/petitioner seeks to have 

litigated at the proceeding. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the requestor/petitioner 

must provide a specific statement of the 

issue of law or fact to be raised or 

controverted, as well as a brief 

explanation of the basis for the 

contention. Additionally, the requestor/ 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment in response to the 

application. The petition must include a 

concise statement of the alleged facts or 

expert opinions which support the 

position of the requestor/petitioner and 

on which the requestor/petitioner 

intends to rely at hearing, together with 

references to the specific sources and 

documents on which the requestor/ 

petitioner intends to rely. Finally, the 

petition must provide sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact, including 

references to specific portions of the 

application for amendment that the 

requestor/petitioner disputes and the 

supporting reasons for each dispute, or, 

if the requestor/petitioner believes that 

the application for amendment fails to 

contain information on a relevant matter 

as required by law, the identification of 

each failure and the supporting reasons 

for the requestor’s/petitioner’s belief. 

Each contention must be one which, if 

proven, would entitle the requestor/ 

petitioner to relief. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

regulations, policies, and procedures. 

The Atomic Safety and Licensing Board 

(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 March 

7, 2011. The petition must be filed in 

accordance with the filing instructions 

in section IV of this document, and 

should meet the requirements for 

petitions for leave to intervene set forth 

in this section, except that State and 

Federally-recognized Indian Tribes do 

not need to address the standing 

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

the facility is located within its 

boundaries. The entities listed above 

could also seek to participate in a 

hearing as a nonparty pursuant to 10 

CFR 2.315(c). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission to 

make a limited appearance pursuant to 

the provisions of 10 CFR 2.315(a). A 

person making a limited appearance 

may make an oral or written statement 

of position on the issues, but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to such 

limits and conditions as may be 

imposed by the Licensing Board. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by March 

7, 2011. 

If a hearing is requested, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to decide 

when the hearing is held. If the final 

determination is that the amendment 

request involves no significant hazards 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

held would take place after issuance of 

the amendment. If the final 

determination is that the amendment 

request involves a significant hazards 

consideration, any hearing held would 

take place before the issuance of any 

amendment. 

IV. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

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

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the Internet, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to request (1) a digital 

ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on 

NRC’s public Web site at http:// 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
392 Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices 

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. 

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 first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

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

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested not to 

include personal privacy information, 

such as social security numbers, home 

addresses, or home phone numbers in 

their filings, unless an NRC regulation 

or other law requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

Petitions for leave to intervene must 

be filed no later than 60 days from 

January 4, 2011. Non-timely filings will 

not be entertained absent a 

determination by the presiding officer 

that the petition or request should be 

granted or the contentions should be 

admitted, based on a balancing of the 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

Attorney for licensee: Mr. Arthur H. 

Domby, Troutman Sanders, 

NationsBank Plaza, Suite 5200, 600 

Peachtree Street, NE., Atlanta, Georgia 

30308–2216. 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices 393 

2Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must 

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

3Requestors should note that the filing 

requirements of the NRC’s E-Filing Rule (72 FR 

49139; August 28, 2007) apply to appeals of NRC 

staff determinations (because they must be served 

on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI request 

submitted to the NRC staff under these procedures. 

proceeding. In particular, the request 

must explain why publicly-available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention; 

D. Based on an evaluation of the 

information submitted under paragraph 

C.(3) the NRC staff will determine 

within 10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requestor has established a 

legitimate need for access to SUNSI. 

E. If the NRC staff determines that the 

requestor satisfies both D.(1) and D.(2) 

above, the NRC staff will notify the 

requestor in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requestor may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 2 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

F. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI must be filed by the requestor no 

later than 25 days after the requestor is 

granted access to that information. 

However, if more than 25 days remain 

between the date the petitioner is 

granted access to the information and 

the deadline for filing all other 

contentions (as established in the notice 

of hearing or opportunity for hearing), 

the petitioner may file its SUNSI 

contentions by that later deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff either after 

a determination on standing and need 

for access, or after a determination on 

trustworthiness and reliability, the NRC 

staff shall immediately notify the 

requestor in writing, briefly stating the 

reason or reasons for the denial. 

(2) The requestor may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: (a) 

The presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an administrative law judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

H. Review of Grants of Access. A 

party other than the requestor may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed with the Chief 

Administrative Judge within 5 days of 

the notification by the NRC staff of its 

grant of access. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.3

I. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI, and motions for protective 

orders, in a timely fashion in order to 

minimize any unnecessary delays in 

identifying those petitioners who have 

standing and who have propounded 

contentions meeting the specificity and 

basis requirements in 10 CFR part 2. 

Attachment 1 to this Order summarizes 

the general target schedule for 

processing and resolving requests under 

these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 28th day 

of December 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 Non-Safeguards Information (SUNSI) with information: 

Supporting the standing of a potential party identified by name and address; describing the need for the information in order 

for the potential party to participate meaningfully in an adjudicatory proceeding. 

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation 

does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 

20 ...................... Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access 

provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs 

any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing 

(preparation of redactions or review of redacted documents). 

25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling 

to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief 

Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any 

party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to 

file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

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

40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure 

Agreement for SUNSI. 


jlentini on DSKJ8SOYB1PROD with NOTICES
394 Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices 

1Notice of United States Postal Service Filing of 

Functionally Equivalent Global Direct Contracts 1 

Negotiated Service Agreement, December 23, 2010 

(Notice). Although the agreement has not yet been 

signed, the Postal Service expects the agreement to 

be executed soon and will advise the Commission 

of any substantive changes to the text. Notice at 1 

n.2. 

2 Decision of the Governors of the United States 

Postal Service on the Establishment of Prices and 

Classifications for Global Direct, Global Bulk 

Economy, and Global Plus Contracts, Docket Nos. 

MC2008–7, CP2008–16 and CP2008–17, issued July 

16, 2008 (Governors’ Decision No. 08–10). The 

Commission revised the Mail Classification 

Schedule language proposed in Governors’ Decision 

No. 08–10 to reflect the actual payment practice 

under typical Global Direct Contracts. See Docket 

Nos. MC2009–9, CP2009–10 and CP2009–11, Order 

Concerning Global Direct Contracts Negotiated 

Service Agreements, December 19, 2008, at 9 (Order 

No. 153). 

3See Docket Nos. MC2010–17 and CP2010–18, 

Order Concerning Filing of Functionally Equivalent 

Global Direct Contracts 1 Negotiated Service 

Agreement, January 11, 2010 (Order No. 386). 

Day Event/Activity 

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

to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a 

final adverse determination by the NRC staff. 

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

A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days 

remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as

established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later 

deadline. 

A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. 

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

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

[FR Doc. 2010–33182 Filed 1–3–11; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2011–52; Order No. 624] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add a Global Direct Contracts 1 contract 

to the competitive product list. This 

notice addresses procedural steps 

associated with this filing. 

DATES: Comments are due: January 5, 

2011. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Commenters who cannot 

submit their views electronically should 

contact the person identified in FOR

FURTHER INFORMATION CONTACT by 

telephone for advice on alternatives to 

electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

stephen.sharfman@prc.gov or 202–789– 

6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Background 

On December 23, 2010, the Postal 

Service filed a notice announcing its 

intent to enter into an additional Global 

Direct Contracts 1 agreement.1 Global 

Direct Contracts provide a rate for mail 

acceptance within the United States, 

transportation to a receiving country of 

mail that bears the destination country’s 

indicia, and payment by the Postal 

Service of the appropriate settlement 

charges to the receiving country.2 The 

Postal Service believes that the instant 

agreement should be included within 

the Global Direct Contracts 1 product 

because it is functionally equivalent to 

the Global Direct Contracts 1 agreement 

in Docket Nos. MC2010–17 and 

CP2010–18. Notice at 2. 

The instant agreement. The Postal 

Service filed the instant agreement 

under 39 CFR 3015.5. Id. at 1. In 

addition, the Postal Service contends 

that the agreement is consistent with 

Order No. 386.3 The Postal Service 

states that the instant agreement 

succeeds the Global Direct Contract in 

Docket No. CP2010–19, which is 

scheduled to expire January 10, 2011. 

Id. at 2–3. The term of the instant 

agreement begins on January 11, 2011 

and ends in January 2012 on the day 

before Canada Post Corporation 

implements price changes for its 

domestic Admail. Id. at 3, Attachment 1 

at 7. If prices for Admail do not change 

during January 2012, then the instant 

agreement is scheduled to expire 

January 31, 2012. Id. 

To support its Notice, the Postal 

Service filed four attachments as 

follows: 

• Attachment 1—a redacted copy of 

the contract; 

• Attachment 2—a certified statement 

required by 39 CFR 3015.5(c)(2); 

• Attachment 3—a redacted copy of 

Governors’ Decision No. 08–10, which 

establishes prices and classifications for 

Global Direct, Global Bulk Economy, 

and Global Plus Contracts; and 

• Attachment 4—an application for 

non-public treatment of materials to 

maintain redacted portions of the 

contract and supporting documents 

under seal. 

The Postal Service states that the 

instant agreement fits within the Mail 

Classification Schedule language for 

Global Direct Contracts included in 

Governors’ Decision No. 08–10, with the 

modification proposed by the 

Commission to reflect the actual 

payment practice under these types of 

agreements. Id. at 2 (citing Order No. 

153 at 9). 

The Notice advances reasons why the 

instant agreement is functionally 

equivalent to the previous Global Direct 

Contracts 1 agreement in Docket Nos. 

MC2010–17 and CP2010–18. Id. at 3. 

Aside from cosmetic or customerspecific updates, the Postal Service 

contends that the only differences are 

that the instant agreement (1) concerns 

Global Direct service used with Admail 

to Canada; (2) contains more detailed 

procedures relating to penalties for mail 

that does not comply with applicable 

regulations; (3) addresses actual and 

potential changes in pricing; and (4) 

revises minimum commitments and 

annexes. Id. at 3–4. Despite these 

differences, the Postal Service contends 

that the instant contract is functionally 

equivalent to the Global Direct Contracts 

1 agreement filed previously because 

the core terms and conditions remain 

the same. Id. at 4. 

The Postal Service asserts that ‘‘the 

cost and market characteristics of this 

agreement are substantially similar to 

those of prior Global Direct contracts’’ 

and that the agreement complies with 

the requirements of 39 U.S.C. 3633. Id. 

It requests that the Commission include 


jlentini on DSKJ8SOYB1PROD with NOTICES