Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9449 

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. 

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 22nd 

day of February 2010. 

For the 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. 

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. 2010–3988 Filed 3–1–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–338 and 50–339; NRC– 

2010–0026 

Virginia Electric and Power Company; 

North Anna Power Station, Unit Nos. 1 

and 2 

1.0 Background 

The Virginia Electric and Power 

Company, (the licensee) is the holder of 

Facility Operating License Nos. NPF–4 

and NPF–7, which authorize operation 

of the North Anna Power Station, Unit 

Nos. 1 and 2 (NAPS). The licenses 

provide, among other things, that the 

facility is subject to all rules, 

regulations, and orders of the U.S. 

Nuclear Regulatory Commission (NRC, 

the Commission) now or hereafter in 

effect. 

The facility consists of two 

pressurized water reactors located in 

Louisa County, Virginia. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 73, ‘‘Physical 

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9450 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

protection of plants and materials,’’ 

Section 73.55, ‘‘Requirements for 

physical protection of licensed activities 

in nuclear power reactors against 

radiological sabotage,’’ published March 

27, 2009, effective May 26, 2009, with 

a full implementation date of March 31, 

2010, requires licensees to protect, with 

high assurance, against radiological 

sabotage by designing and 

implementing comprehensive site 

security plans. The amendments to 10 

CFR 73.55 published on March 27, 

2009, establish and update generically 

applicable security requirements similar 

to those previously imposed by 

Commission orders issued after the 

terrorist attacks of September 11, 2001, 

and implemented by licensees. In 

addition, the amendments to 10 CFR 

73.55 include additional requirements 

to further enhance site security based 

upon insights gained from 

implementation of the post September 

11, 2001, security orders. It is from a 

certain requirement of these new 

requirements that NAPS now seeks an 

exemption from the March 31, 2010, 

implementation date. All other physical 

security requirements established by 

this recent rulemaking have already 

been or will be implemented by the 

licensee by March 31, 2010. 

By letter dated November 23, 2009, 

the licensee requested an exemption in 

accordance with 10 CFR 73.5, ‘‘Specific 

exemptions.’’ Certain portions of the 

licensee’s November 23, 2009, letter 

contain proprietary and safeguards 

information and, accordingly, are not 

available to the public. The licensee has 

requested an exemption from the March 

31, 2010, compliance date stating that it 

must perform the required upgrades to 

the NAPS security system before all of 

the Section 73.55 requirements can be 

met. Specifically, the request is to 

extend the compliance date for a certain 

requirement from the current March 31, 

2010, deadline to August 31, 2010. 

Being granted this exemption for this 

item would allow the licensee to 

complete the modifications designed to 

update aging equipment and incorporate 

state-of-the-art technology to meet the 

noted regulatory requirement. 

3.0 Discussion of Part 73 Schedule 

Exemptions from the 

March 31, 2010, Full Implementation 

Date 

Pursuant to 10 CFR 73.55(a)(1), ‘‘By 

March 31, 2010, each nuclear power 

reactor licensee, licensed under 10 CFR 

Part 50, shall implement the 

requirements of this section through its 

Commission-approved Physical Security 

Plan, Training and Qualification Plan, 

Safeguards Contingency Plan, and Cyber 

Security Plan referred to collectively 

hereafter as ‘security plans.’ ’’ Pursuant 

to 10 CFR 73.5, the Commission may, 

upon application by any interested 

person or upon its own initiative, grant 

exemptions from the requirements of 10 

CFR Part 73 when the exemptions are 

authorized by law, and will not 

endanger life or property or the common 

defense and security, and are otherwise 

in the public interest. 

The NRC staff has determined that 

granting of the licensee’s proposed 

exemption would not result in a 

violation of the Atomic Energy Act of 

1954, as amended, or the Commission’s 

regulations. Therefore, NRC approval of 

the licensee’s exemption request is 

authorized by law. 

In the draft final power reactor 

security rule provided to the 

Commission, the NRC staff proposed 

that the requirements of the new 

regulation be met within 180 days. The 

Commission directed a change from 180 

days to approximately 1 year for 

licensees to fully implement the new 

requirements. This change was 

incorporated into the final rule. Based 

on the above, it is clear that the 

Commission wanted to provide a 

reasonable timeframe for licensees to 

achieve full compliance. 

As noted in the final rule, the 

Commission also anticipated that 

licensees would have to conduct sitespecific analyses to determine what 

changes were necessary to implement 

the rule’s requirements, and that these 

changes could be accomplished through 

a variety of licensing mechanisms, 

including exemptions. Since issuance of 

the final rule, the Commission has 

rejected generic industry requests to 

extend the rule’s compliance date for all 

operating nuclear power plants, but 

noted that the Commission’s regulations 

provide mechanisms for individual 

licensees, with good cause, to apply for 

relief from the compliance date 

(Reference: June 4, 2009, letter from R. 

W. Borchardt, NRC, to M. S. Fertel, 

Nuclear Energy Institute). The licensee’s 

request for an exemption is therefore 

consistent with the approach set forth 

by the Commission and discussed in the 

June 4, 2009, letter. 

NAPS Schedule Exemption Request 

The licensee provided adequate 

information in its November 23, 2009, 

letter requesting an exemption. It 

describes a comprehensive plan for 

implementing security system upgrades 

and provides a timeline for achieving 

full compliance with the new 

regulation. The site-specific information 

provided within the exemption request 

is relative to the requirements from 

which the licensee requested exemption 

and demonstrates the need for 

modification to meet the requirement. 

Notwithstanding the schedular 

exemptions for these limited 

requirements, the licensee will continue 

to be in compliance with all other 

applicable physical security 

requirements as described in 10 CFR 

73.55 and reflected in its current NRC 

approved physical security program. By 

August 31, 2010, NAPS will be in full 

compliance with all the regulatory 

requirements of 10 CFR 73.55, as issued 

on March 27, 2009. 

4.0 Conclusion for Part 73 Schedule 

Exemption Request 

The staff has reviewed the licensee’s 

submittal and concludes that the 

licensee has provided adequate 

justification for its request for an 

extension of the compliance date to 

August 31, 2010, with regard to a 

specific requirement of 10 CFR 73.55. 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, ‘‘Specific exemptions,’’ an 

exemption from the March 31, 2010, 

compliance date is authorized by law 

and will not endanger life or property or 

the common defense and security, and 

is otherwise in the public interest. 

Therefore, the Commission hereby 

grants the requested exemption. 

The NRC staff has determined that the 

long-term benefits that will be realized 

when the NAPS security system 

upgrades are complete justifies 

exceeding the March 31, 2010, full 

compliance date and is consistent with 

the scope of the modifications in the 

case of this particular licensee. The 

security measures NAPS needs 

additional time to implement are new 

requirements imposed by March 27, 

2009 amendments to 10 CFR 73.55, and 

are in addition to those required by the 

security orders issued in response to the 

events of September 11, 2001. 

Therefore, it is concluded that the 

licensee’s actions are in the best interest 

of protecting the public health and 

safety through the security changes that 

will result from granting this exemption. 

As per the licensee’s request and the 

NRC’s regulatory authority to grant an 

exemption from the March 31, 2010, 

implementation deadline for the item 

specified in the licensee’s November 23, 

2009, letter, the licensee is required to 

be in full compliance with 10 CFR 73.55 

by August 31, 2010. In achieving 

compliance, the licensee is reminded 

that it is responsible for determining the 

appropriate licensing mechanism (i.e., 

10 CFR 50.54(p) or 10 CFR 50.90) for 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9451 

incorporation of all necessary changes 

to its security plans. 

Pursuant to 10 CFR 51.32, ‘‘Finding of 

no significant impact,’’ the Commission 

has previously determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (75 FR 4591, 

published January 28, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 23rd day 

of February 2010. 

For The Nuclear Regulatory Commission. 

Allen G. Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4269 Filed 3–1–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0002] 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATES: Weeks of March 1, 8, 15, 22, 29, 

April 5, 2010. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of March 1, 2010 

Tuesday, March 2, 2010 

9:30 a.m. Briefing on Uranium 

Recovery (Public Meeting). 

(Contact: Dominick Orlando, 301– 

415–6749.) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov, 

Week of March 8, 2010—Tentative 

There are no meetings scheduled for 

the week of March 8, 2010. 

Week of March 15, 2010—Tentative 

Tuesday, March 16, 2010 

1:30 p.m. Joint Meeting of the Federal 

Energy Regulatory Commission and 

the Nuclear Regulatory Commission 

on Grid Reliability (Public 

Meeting). (Contact: Kenn Miller, 

301–415–3152.) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov. 

Week of March 22, 2010—Tentative 

There are no meetings scheduled for 

the week of March 22, 2010. 

Week of March 29, 2010—Tentative 

There are no meetings scheduled for 

the week of March 29, 2010. 

Week of April 5, 2010—Tentative 

Tuesday, April 6, 2010 

9 a.m. Periodic Briefing on New 

Reactor Issues—Design 

Certifications (Public Meeting). 

(Contact: Amy Snyder, 301–415– 

6822.) 

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: February 25, 2010. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. 2010–4384 Filed 2–26–10; 4:15 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

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[Docket No.: 70–7016; NRC–2009–0157] 

Notice of Receipt and Availability of 

Environmental Report Supplement 2 

for the Proposed GE-Hitachi Global 

Laser Enrichment Laser-Based 

Uranium Enrichment Facility 

On January 13, 2009, GE–Hitachi 

Global Laser Enrichment, LLC (GLE) 

was granted an exemption to file its 

environmental report in advance of its 

license application. GLE submitted its 

Environmental Report (ER) on January 

30, 2009 (ML090910573), that proposes 

the construction, operation, and 

decommissioning of a laser-based 

uranium enrichment facility. The 

proposed facility would be located 

approximately six miles north of the 

City of Wilmington in New Hanover 

County, North Carolina. 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

published a Notice of Intent to Prepare 

an Environmental Impact Statement 

(EIS) on the proposed action and the 

opportunity for public comment on the 

scope of issues to be considered in the 

EIS (74 FR 16237) (April 9, 2009). The 

comment period was extended to allow 

members of the public to review the 

publicly available portions of the 

license application (July 24, 2009), (74 

FR 36781). The license application was 

submitted on June 26, 2009, 

(ML091871003). 

On May 8, 2009, the NRC granted an 

exemption to authorize GLE to conduct 

site preparation and pre-construction 

activities on the Wilmington site. GLE 

submitted Supplement 1 to its ER on 

July 13, 2009, GLE Environmental 

Report Supplement 1—Early 

Construction (ML092100577). 

Supplement 1 distinguishes between the 

environmental impacts of preconstruction activities covered by the 

exemption and NRC authorized 

construction activities which will not be 

undertaken unless a license is granted. 

On November 13, 2009, GLE submitted 

Supplement 2 to its ER, GLE 

Environmental Report Supplement 2— 

Revised Roadway and Entrance 

(ML093240135). Supplement 2 provides 

information describing the 

environmental impacts associated with 

revising the location of the entrance and 

roadway into the Wilmington site. 

On January 13, 2010, the NRC issued 

an order that announced the receipt of 

an application from GLE for a license to 

possess and use source, byproduct, and 

special nuclear material and to enrich 

natural uranium to a maximum of 8 

percent U–235 by a laser-based 

enrichment process. This order also 

included the Notice of Consideration of 

Issuance of License; Notice of Hearing 

and Commission Order; and Order 

Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards 

Information and Safeguards Information 

for Contention Preparation (75 FR 1819) 

(January 13, 2010). 

FOR FURTHER INFORMATION CONTACT: For 

general or technical information 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES