Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices 10517 

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. 

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 2nd day 

of March 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. 

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. 2010–4815 Filed 3–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–298; NRC–2010–0061] 

Nebraska Public Power District, 

Cooper Nuclear Station; Exemption 

1.0 Background 

Nebraska Public Power District (NPPD 

or the licensee) is the holder of Facility 

Operating License No. DPR–46 which 

authorizes operation of the Cooper 

Nuclear Station (CNS). The license 

provides, among other things, that the 

facility is subject to the rules, 

regulations, and orders of the Nuclear 

Regulatory Commission (NRC, the 

Commission) now or hereafter in effect. 


srobinson on DSKHWCL6B1PROD with NOTICES
10518 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices 

The facility consists of a boiling-water 

reactor located in Nemaha County, 

Nebraska. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR), Part 73, ‘‘Physical 

protection of plants and materials,’’ 

Section 73.55, ’’ Requirements for 

physical protection of licensed activities 

in nuclear power reactors against 

radiological sabotage,’’ published in the 

Federal Register on 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 programs. 

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 three of these 

additional requirements that CNS 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 application dated December 22, 

2009, the licensee requested an 

exemption in accordance with 10 CFR 

73.5, ‘‘Specific exemptions.’’ The 

licensee’s letter contains securityrelated information and, accordingly, 

those portions are not available to the 

public. The licensee has requested an 

exemption from the March 31, 2010, 

implementation date, stating that it 

must complete a number of 

modifications to the current site security 

configuration before all requirements 

can be met. Specifically, the request is 

for three requirements that would be 

met by August 31, 2010, instead of the 

March 31, 2010, deadline. Granting this 

exemption for the three items would 

allow the licensee to complete the 

modifications designed to update aging 

equipment and incorporate state-of-theart technology to meet or exceed the 

regulatory requirements. 

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. 

NRC approval of this exemption, as 

noted above, would allow an extension 

from March 31, 2010, until August 31, 

2010, of the implementation date for 

three specific requirements of the new 

rule. As stated above, 10 CFR 73.5 

allows the NRC to grant exemptions 

from the requirements of 10 CFR Part 

73. 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, the exemption is 

authorized by law. 

In the draft final 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. From 

this, 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 

changes could be accomplished through 

a variety of licensing mechanisms, 

including exemptions. Since issuance of 

the final rule, the Commission has 

rejected a generic industry request 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, as 

documented in the letter from R.W. 

Borchardt (NRC) to M.S. Fertel (Nuclear 

Energy Institute) dated June 4, 2009. 

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. 

CNS Schedule Exemption Request 

The licensee provided detailed 

information in the Attachment to its 

letter dated December 22, 2009, 

requesting an exemption. The licensee 

is requesting additional time to 

implement certain new requirements 

due to the amount of engineering and 

design, material procurement, 

construction and installation activities, 

inclement weather, and a fall 2009 

refueling outage. The licensee describes 

a comprehensive plan to expand the 

protected area with upgrades to the 

security capabilities of its CNS site and 

provides a timeline for achieving full 

compliance with the new regulation. 

The Attachment to the licensee’s letter 

contains security-related information 

regarding the site security plan, details 

of the specific requirements of the 

regulation for which the site cannot be 

in compliance by the March 31, 2010, 

deadline, justification for the exemption 

request, a description of the required 

changes to the site’s security 

configuration, and a timeline with 

critical path activities that would bring 

the licensee into full compliance by 

August 31, 2010. The timeline provides 

dates indicating when (1) construction 

will begin on various phases of the 

project (e.g., new buildings and fences), 

and (2) critical equipment will be 

ordered, installed, tested and become 

operational. A redacted version of the 

licensee’s exemption request, including 

attachment, is publicly available at 

Agencywide Documents Management 

and Access System (ADAMS) Accession 

No. ML093580132. 

Notwithstanding the scheduler 

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 NRCapproved physical security program. By 

August 31, 2010, CNS will be in full 

compliance with 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 justified its request for an 

extension of the compliance date with 

regard to three specified requirements of 

10 CFR 73.55 until August 31, 2010. 


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Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices 10519 

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 long-term benefits that will be 

realized when the CNS modifications 

are complete justifies extending the full 

compliance date in the case of this 

particular licensee. The security 

measures that CNS needs additional 

time to complete, 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, the NRC concludes 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, 

deadline for the three items specified in 

the Attachment to NPPD’s letter dated 

December 22, 2009, 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 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 8153; 

February 23, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 26th 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. 2010–4830 Filed 3–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–134; NRC–2010–0053] 

Notice of License Amendment Request 

by the Worcester Polytechnic Institute 

for Approval of the Decommissioning 

Plan for the Leslie C. Wilbur Nuclear 

Reactor Facility in Worcester, MA and 

Opportunity To Request a Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment 

request and opportunity to request a 

hearing. 

DATES: A request for a hearing must be 

filed by May 7, 2010. 

FOR FURTHER INFORMATION CONTACT: Ted 

Carter, Project Manager, Materials 

Decommissioning Branch, Division of 

Waste Management and Environmental 

Protection, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission (NRC), Two 

White Flint North, Mail Stop T8 F5, 

11545 Rockville Pike, Rockville, 

Maryland 20852–2738 Telephone: (301) 

415–5543; fax number: (301) 415–5369; 

e-mail: ted.carter@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

In an application dated September 30, 

2009, Worcester Polytechnic Institute 

(WPI or the licensee) submitted a 

Decommissioning Plan (DP) to the NRC 

for approval for its Leslie C. Wilbur 

Nuclear Reactor Facility (LCWNRF) on 

the campus of WPI in Worcester, 

Massachusetts. The DP and supporting 

documents for the LCWNRF are located 

in ADAMS at ML092880231. WPI is 

working closely with the Department of 

Energy, the Idaho National Laboratory 

and NAC International, Inc. to facilitate 

and schedule the removal of reactor fuel 

from the facility before WPI’s overall 

dismantling and decommissioning 

begins. WPI submitted its combined 

Quality Procedure and Quality 

Assurance (QA) document 

(ML092160598) in relation to WPI’s 

nuclear fuel removal process on July 21, 

2009. NRC reviewed and approved 

WPI’s QA program for fuel removal on 

August 19, 2009 (ML092310471). 

On September 21, 2009, WPI 

submitted its nuclear materials 

Transportation Plan (TP) in support of 

the removal of fuel. This document 

contains safeguards information and is 

not available to the public (see Section 

V, Further Information, for instructions 

for requesting access to this document). 

The TP which specifically addresses 

compliance with the requirements of 10 

CFR Part 73 (‘‘Physical Protection of 

Plants and Material’’), is under review. 

The TP will govern the one-time 

shipment offsite of WPI’s nuclear 

reactor fuel. WPI plans to ship the fuel 

to another research and test reactor 

licensed by the NRC. 

If the NRC approves WPI’s DP, the 

approval will be documented in an 

amendment to NRC License No. R–61. 

Before approving the proposed 

amendment, the NRC will need to make 

the findings required by the Atomic 

Energy Act of 1954, as amended (the 

AEA), and the National Environmental 

Policy Act. These findings will be 

documented, respectively, in a Safety 

Evaluation Report (SER), and in a 

separate environmental analysis 

performed by the NRC. 

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 

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 


srobinson on DSKHWCL6B1PROD with NOTICES