9618 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

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 the 

date of publication of this notice. Nontimely filings will not be entertained 

absent a determination by the presiding 

officer that the petition or request 

should be granted or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). 

For further details with respect to this 

license amendment application, see the 

application for amendment dated [date], 

which is available for public inspection 

at the Commission’s PDR, located at 

One White Flint North, File Public Area 

O1 F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. Publicly 

available records will be accessible 

electronically from the ADAMS Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800– 

397–4209, 301–415–4737, or by e-mail 

to pdr.resource@nrc.gov. 

Attorney for licensee: M.S. Ross, Vice 

President & Associate General Council, 

Florida Power & Light Company, P.O. 

Box 14000, Juno Beach, FL 33408–0420. 

Dated at Rockville, Maryland, this 24th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Justin C. Poole, 

Project Manager, Plant Licensing Branch III– 

1, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2010–4378 Filed 3–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–280 and 50–281; NRC– 

2010–0079] 

Virginia Electric and Power Company 

Surry Power Station, Unit Nos. 1 and 

2 Environmental Assessment and 

Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an exemption, pursuant to 

Title 10 of the Code of Federal 

Regulations (10 CFR), Section 73.5, 

‘‘Specific exemptions,’’ from 10 CFR part 

73, ‘‘Physical protection of plants and 

materials,’’ from the implementation 

date for certain requirements of 10 CFR 

part 73 for Facility Operating License 

Nos. DPR–32 and DPR–37, issued to 

Virginia Electric and Power Company 

(the licensee), for operation of the Surry 

Power Station, Unit Nos. 1 and 2 

(Surry). In accordance with 10 CFR 

51.21, ‘‘Criteria for and identification of 

licensing and regulatory actions 

requiring environmental assessments,’’ 

the NRC prepared an environmental 

assessment documenting its finding. 

The NRC concluded that the proposed 

actions will have no significant 

environmental impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would exempt 

Surry from the required implementation 

date of March 31, 2010, for several new 

requirements of 10 CFR part 73. 

Specifically, Surry would be granted an 

exemption from being in full 

compliance with certain new 

requirements contained in Section 

73.55, ‘‘Requirements for physical 

protection of licensed activities in 

nuclear power reactors against 

radiological sabotage,’’ of 10 CFR part 73 

by the March 31, 2010, deadline. 

Instead, the licensee has proposed an 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9619 

alternate full compliance 

implementation date of August 31, 

2010, approximately 5 months beyond 

the date required by 10 CFR part 73. The 

proposed action, an extension of the 

schedule for completion of certain 

actions required by the revised 10 CFR 

part 73, does not involve any physical 

changes to the reactor, fuel, plant 

structures, support structures, water, or 

land at the Surry site. 

The proposed action is in accordance 

with the licensee’s application dated 

December 7, 2009. 

The Need for the Proposed Action 

The proposed action is needed to 

provide the licensee with additional 

time due to the large scope of work 

required to meet the requirements of the 

new 10 CFR 73.55. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its 

environmental assessment of the 

proposed exemption. The staff has 

concluded that the proposed action to 

extend the implementation deadline 

would not significantly affect plant 

safety and would not have a significant 

adverse effect on the probability of an 

accident occurring. 

The proposed action would not result 

in an increased radiological hazard 

beyond those previously analyzed in the 

environmental assessment and finding 

of no significant impact made by the 

Commission in promulgating its 

revisions to 10 CFR part 73 as discussed 

in a Federal Register notice dated 

March 29, 2009 (74 FR 13967). There 

will be no change to radioactive 

effluents that effect radiation exposures 

to plant workers and members of the 

public. Therefore, no changes or 

different types of radiological impacts 

are expected as a result of the proposed 

exemption. 

The proposed action does not result 

in changes to land use or water use, or 

result in changes to the quality or 

quantity of non-radiological effluents. 

No changes to the National Pollution 

Discharge Elimination System permit 

are needed. No effects on the aquatic or 

terrestrial habitat in the vicinity of the 

plant, or to threatened, endangered, or 

protected species under the Endangered 

Species Act, or impacts to essential fish 

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

impacts to the air or ambient air quality. 

There are no impacts to historical and 

cultural resources. There would be no 

impact to socioeconomic resources. 

Therefore, no changes to or different 

types of non-radiological environmental 

impacts are expected as a result of the 

proposed exemption. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

action. In addition, in promulgating its 

revisions to 10 CFR part 73, the 

Commission proposed an environmental 

assessment and published a finding of 

no significant impact (Part 73, Power 

Reactor Security Requirements (74 FR 

13926), March 27, 2009). 

If this exemption is granted, the NRC 

staff’s safety evaluation will be provided 

in the exemption that will be issued as 

part of the letter to the licensee 

approving the exemption to the 

regulation. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

actions, the NRC staff considered denial 

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

exemption request would result in no 

change in current environmental 

impacts. If the proposed action was 

denied, the licensee would have to 

comply with the March 31, 2010, 

implementation deadline. The 

environmental impacts of the proposed 

exemption and the ‘‘no action’’ 

alternative are similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

considered in the ‘‘Final Environmental 

Statement Related to the Continuation 

of Construction and the Operation of 

Units 1 and 2, Surry Power Station,’’ 

dated May 1972 and June 1972, 

respectively, as supplemented through 

the ‘‘Generic Environmental Impact 

Statement for License Renewal of 

Nuclear Plants: Supplement 6 Regarding 

Surry Power Station, Units 1 and 2— 

Final Report (NUREG–1437, 

Supplement 6),’’ dated November 2002. 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on February 3, 2010, the NRC staff 

consulted with the Virginia State 

official, Mr. Leslie Foldesi, Division of 

Radiological Health of the Virginia 

Department of Health, regarding the 

environmental impact of the proposed 

action. The State official had no 

comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated December 7, 2009. The 

attachments to the licensee’s December 

7, 2009, letter requesting this 

exemption, contain safeguards 

information and, accordingly, are not 

available to the public. Publicly 

available parts of these documents may 

be examined, and/or copied for a fee, at 

the NRC’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area O–1F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland 20852. Publicly available 

records will be accessible electronically 

from the Agencywide Document Access 

and Management System (ADAMS) 

Public Electronic Reading Room on the 

Internet at the NRC Web site: http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff by telephone at 800– 

397–4209 or 301–415–4737, or send an 

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

Dated at Rockville, Maryland, this 24th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Karen Cotton, 

Project Manager, Plant Licensing Branch II– 

1, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2010–4437 Filed 3–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–395; NRC–2010–0077] 

South Carolina Electric & Gas 

Company; Virgil C. Summer Nuclear 

Station; Environmental Assessment 

and Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of an exemption from Title 10 

of the Code of Federal Regulations, (10 

CFR), Section 50.46, ‘‘Acceptance 

criteria for emergency core cooling 

systems for light-water nuclear power 

reactors,’’ and 10 CFR 50, Appendix K, 

AECCS Evaluation Models, for the 

Renewed Facility Operating License No. 

NPF–12, issued to South Carolina 

Electric & Gas Company (SCE&G, the 

licensee), for operation of the Virgil C. 

Summer Nuclear Station (VCSNS), 

located in Fairfield County, South 

Carolina. In accordance with the 

requirements of 10 CFR part 51, the 

NRC has prepared an Environmental 

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