11566 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

procedures that guarantee equal 

opportunity for all individuals with 

disabilities, and that empower 

individuals with disabilities to achieve 

economic self-sufficiency, independent 

living, and inclusion and integration 

into all aspects of society. 

To carry out this mandate we gather 

public and stakeholder input, including 

that received at our public meetings 

held around the country; review and 

evaluate federal programs and 

legislation; and provide the President, 

Congress and federal agencies with 

advice and recommendations. 

ACCOMMODATIONS: Those needing 

reasonable accommodations should 

notify NCD immediately. 

Dated: March 4, 2010. 

Joan M. Durocher, 

Executive Director. 

[FR Doc. 2010–5407 Filed 3–9–10; 11:15 am] 

BILLING CODE 6820–MA–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–412; NRC–2010–0086] 

Firstenergy Nuclear Operating 

Company, Firstenergy Nuclear 

Generation Corp., Ohio Edison 

Company, The Toledo Edison 

Company; Notice of Consideration of 

Issuance of Amendment to Facility 

Operating License for Beaver Valley 

Power Station, Unit No. 2; Opportunity 

for A Hearing, and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Order and notice of license 

amendment request, opportunity to 

comment, opportunity to request a 

hearing. 

DATES: Comments must be filed by April 

12, 2010. A request for a hearing must 

be filed by May 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Nadiyah Morgan, Project Manager, Plant 

Licensing Branch I–1, Division of 

Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Rockville, Maryland 20852–2738. 

Telephone: (301) 415–1016; fax number: 

(301) 415–2102; e-mail: 

Nadiyah.Morgan@nrc.gov. 

ADDRESSES: Please include Docket ID 

NRC–2010–0086 in the subject line of 

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 

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–2010–0086. Comments may be 

submitted electronically through this 

Web site. Address questions about NRC 

dockets to Carol Gallagher 301–492– 

3668; e-mail Carol.Gallagher@nrc.gov. 

Mail comments to: Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch (RDB), Office of Administration, 

Mail Stop: TWB–05–B01M, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, or by fax 

to RDB at (301) 492–3446. 

To access documents related to this 

notice see Section V, Further 

Information. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering issuance of an 

amendment to Facility Operating 

License No. NPF–73, issued to 

FirstEnergy Nuclear Operating Company 

(licensee) for operation of the Beaver 

Valley Power Station, Unit No. 2 

(BVPS–2), located in Shippingport, 

Pennsylvania. 

The proposed amendment would 

revise the BVPS–2 Technical 

Specifications to support the 

installation of high density fuel storage 

racks in the BVPS–2 spent fuel pool. 

The amendment application dated April 

9, 2009 (Agencywide Documents Access 

and Management System (ADAMS) 

Accession No. ML091210251), was 

supplemented by letters dated June 15, 

2009 (ADAMS Accession No. 

ML091680614) and January 18, 2010. 

Access to these documents is discussed 

in Section V, Further Information. The 

January 18, 2010, letter and a portion of 

the June 15, 2009, letter contain 

sensitive unclassified non-safeguards 

information (SUNSI), and are not 

available to the public. See Section V, 

Further Information, and the Order 

providing instructions for requesting 

access to the withheld information. 

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 Title 10 

of the Code of Federal Regulations (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 relevant accidents 

previously evaluated are limited to the fuel 

handling and criticality accidents. 

The fuel storage racks are not a design 

basis accident initiator. The potential 

contribution to the applicable design basis 

accident (a fuel handling accident) has been 

evaluated by considering three types of fuel 

assembly drop scenarios. The three types of 

scenarios are a shallow drop, a deep drop 

and a fuel to fuel drop. The shallow drop 

postulates that the fuel assembly drops 

vertically and hits the top of a rack. The deep 

drop postulates that the fuel assembly falls 

through an empty storage cell impacting the 

rack baseplate. The fuel to fuel drop 

postulates that a fuel assembly drops on top 

of a stored fuel assembly in a rack. The 

structural damage to the impacted target is 

primarily dependent on the mass of the 

falling fuel assembly and the drop height. 

Since the fuel assembly mass and drop height 

are not significantly changed by the 

installation of the high density racks, the 

postulated structural damage to impacted 

targets are also not significantly changed due 

to the installation of the high density racks. 

The physical limitations of the racks and 

the administrative and operational controls 

used to load fuel assemblies into the spent 

fuel pool ensure that fuel assemblies are 

stored in compliance with the applicable fuel 

storage requirements, both during and 

following the installation phase of the 

reracking project. These controls will remain 

in effect and will continue to protect against 


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Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11567 

criticality and fuel handling accidents during 

and following the installation phase of the 

reracking project. Therefore, there is no 

significant impact on the probability of fuel 

handling or criticality accidents. 

The criticality analysis applicable to the 

existing racks has not changed from what 

was approved by Amendment 165 for BVPS– 

2 issued on March 27, 2008. The new 

criticality analysis defines new spent fuel 

storage requirements based on enrichment 

and burnup limits. The new analysis 

demonstrates that keff remains below 1.0 with 

zero soluble boron in the spent fuel pool, and 

that keff remains less than or equal to 0.95 for 

the entire pool with credit for soluble boron 

under non-accident and accident conditions 

with a 95% probability at a 95% confidence 

level. As a result potential consequences of 

accidents previously evaluated remain 

unchanged for either type of rack. 

The proposed installation of the high 

density racks, and the coexistence of the 

existing and high density racks in the spent 

fuel pool during the installation phase, does 

not result in changes to the spent fuel pool 

cooling system and therefore the probability 

of a loss of spent fuel pool cooling is not 

increased. The consequences of a loss of 

spent fuel pool cooling were evaluated and 

found to not involve a significant increase as 

a result of the proposed changes. A thermalhydraulic evaluation for the loss of spent fuel 

pool cooling was performed. The analysis 

determined that the minimum time to boil 

provides sufficient time for the operators to 

restore cooling or establish an alternate 

means of cooling following a complete loss 

of forced cooling. Therefore, the proposed 

change represents no significant increase in 

the consequences of loss of spent fuel pool 

cooling for either type of rack. 

Therefore, the proposed installation of high 

density fuel storage racks and the resulting 

proposed Technical Specifications changes 

do not involve a significant increase in the 

probability or consequences of an accident 

previously evaluated. 

2. Does the proposed change create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. The relevant types of 

accidents previously evaluated are limited to 

criticality and fuel handling accidents. 

Although the new analysis will increase the 

maximum storage capacity, implementation 

of fuel loading requirements and fuel 

handling activities will continue to be 

performed under administrative and 

operational controls. The utilization of the 

additional storage capacity within the 

allowances of the revised analysis will not 

create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. 

Other than the removal of the existing 

racks and installation of the high density 

racks, no new or different activities are 

introduced as a result of the proposed 

changes. The drop of a high density rack 

during the installation phase has been 

described and evaluated as part of this 

submittal. This evaluation produced 

acceptable results. The drop of an existing 

rack during its removal is bounded by this 

evaluation because a new rack is heavier than 

an existing rack. The supporting evaluation 

also considered dropping items into the fuel 

cask area or onto the cover that will be 

placed over the cask pit area during the 

installation of the new racks. All of the items 

to be installed in or over the fuel cask area 

weigh much less than a spent fuel cask, for 

which the fuel cask area was designed. As 

such, the drop of any of these items onto the 

floor of the fuel cask area would be bounded 

by a spent fuel cask drop. With respect to 

drops onto the fuel that will temporarily be 

stored in the fuel cask area, the fuel cask area 

cover is designed to withstand the load 

imposed by a rack striking it from above. 

Since the fuel cask area cover would not fail 

due to this event, there cannot be any impact 

on the fuel assemblies in the rack below it. 

The evaluation also produced acceptable 

results for dropping any of the three parts of 

the fuel cask area cover onto the fuel loaded 

into the rack in the fuel cask area. 

Therefore the new activities introduced 

because of the reracking have been evaluated 

and been found to not create the possibility 

of a new or different kind of accident from 

any accident previously evaluated. 

No changes are proposed to the spent fuel 

pool cooling system or makeup systems and 

therefore no new accidents are considered 

related to the loss of spent fuel pool cooling 

or makeup capability. 

Therefore, the proposed installation of high 

density fuel storage racks and the resulting 

proposed Technical Specifications changes 

do not create the possibility of a new or 

different kind of accident from any 

previously evaluated for either type of rack. 

3. Does the proposed change involve a 

significant reduction in a margin of safety? 

Response: No. The margin to safety with 

respect to analyzed accidents involves 

maintaining keff through fuel storage 

requirements and boron concentration 

controls in the spent fuel pool. The new 

criticality analysis demonstrates that keff

remains below 1.0 with zero soluble boron, 

and that keff remains less than or equal to 

0.95 for the entire pool with credit for soluble 

boron under non-accident and accident 

conditions with a 95% probability at a 95% 

confidence level. This is consistent with the 

current licensing basis of the BVPS–2 spent 

fuel pool. 

The TSs controlling the water level or 

boron concentration of the spent fuel pool are 

not being changed by this license amendment 

request. Therefore, there is no significant 

change to the margin of safety attributed to 

the water level or the boron required when 

the spent fuel pool is fully flooded with 

borated water or the boron concentration 

required for accident or a boron dilution 

event for either type of rack. 

One of the proposed changes to the TSs is 

being made to assure that the existing 

(Boraflex) racks and the high density 

(Metamic) racks are neutronically decoupled 

during the installation phase of the reracking 

project. This temporary requirement results 

in the existing and new criticality analyses 

both being valid during the installation 

phase. Following the completion of the 

installation of the high density racks, the new 

criticality analysis becomes the licensing 

basis of the BVPS–2 spent fuel pool. 

The structural analysis of the high density 

racks, along with the evaluation of the spent 

fuel pool structure, indicates that the 

integrity of these structures will be 

maintained during and following installation 

of the high density racks. The previously 

performed structural analysis of the existing 

racks resulted in the same conclusion. Since 

the structural requirements are satisfied, the 

applicable safety margins are not 

significantly reduced for either type of rack. 

The proposed change includes a coupon 

sampling program that will monitor the 

physical properties of the Metamic absorber 

material. The monitoring program provides a 

method of verifying that the neutron absorber 

assumptions used in the spent fuel pool 

criticality analyses remain valid. 

Therefore, the proposed installation of high 

density fuel storage racks and the resulting 

proposed TSs changes do not involve a 

significant reduction in margin of safety for 

either type of rack. 

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 

within 30 days after the date of 

publication of this notice 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. 


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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 

a specific statement of the issue of law 

or fact to be raised or controverted, as 

well as a brief explanation of the basis 

for the contention. Additionally, the 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment in response to the 

application. The petition must also 

include a concise statement of the 

alleged facts or expert opinions which 

support the position of the petitioner 

and on which the petitioner intends to 

rely at hearing, together with references 

to the specific sources and documents 

on which the petitioner intends to rely. 

Finally, the petition must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact, including references to specific 

portions of the application for 

amendment that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that the application for amendment fails 

to contain information on a relevant 

matter as required by law, the 

identification of each failure and the 

supporting reasons for the petitioner’s 

belief. Each contention must be one 

that, if proven, would entitle the 

petitioner to relief. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

regulations, policies, and procedures. 

The Licensing Board will set the time 

and place for any prehearing 

conferences and evidentiary hearings, 

and the appropriate notices will be 

provided. 

Non-timely petitions for leave to 

intervene and contentions, amended 

petitions, and supplemental petitions 

will not be entertained absent a 

determination by the Commission, the 

Licensing Board or a Presiding Officer 

that the petition should be granted and/ 

or the contentions should be admitted 

based upon a balancing of the factors 

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

A State, county, municipality, 

federally-recognized Indian tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as a 

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

petition should state the nature and 

extent of the petitioner’s interest in the 

proceeding. The petition should be 

submitted to the Commission by May 

10, 2010. The petition must be filed in 

accordance with the filing instructions 

in Section IV of this document, and 

should meet the requirements for 

petitions for leave to intervene set forth 

in this section, except that State and 

federally-recognized Indian tribes do 

not need to address the standing 

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

the facility is located within its 

boundaries. The entities listed above 

could also seek to participate in a 

hearing as a nonparty pursuant to 10 

CFR 2.315(c). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission to 

make a limited appearance pursuant to 

the provisions of 10 CFR 2.315(a). A 

person making a limited appearance 

may make an oral or written statement 

of position on the issues, but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to such 

limits and conditions as may be 

imposed by the Licensing Board. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by May 10, 

2010. 

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 


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Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

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

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the E– 

Submittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

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

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E–Filing system does not 

support unlisted software, and the NRC 

Meta System Help Desk will not be able 

to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E–Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through EIE, users will be 

required to install a Web browser plugin from the NRC Web site. Further 

information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E–Filing 

system. To be timely, an electronic 

filing must be submitted to the E–Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E–Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E–Filing system also distributes an email notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E–Filing system. 

A person filing electronically using 

the agency’s adjudicatory E–Filing 

system may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. A presiding 

officer, having granted an exemption 

request from using E–Filing, may 

require a participant or party to use E– 

Filing if the presiding officer 

subsequently determines that the reason 

for granting the exemption from use of 

E–Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

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

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested not to 

include personal privacy information, 

such as social security numbers, home 

addresses, or home phone numbers in 

their filings, unless an NRC regulation 

or other law requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

The Commission hereby provides 

notice that this is a proceeding on an 

application for a license amendment 

falling within the scope of section 134 

of the Nuclear Waste Policy Act of 1982 

(NWPA), 42 U.S.C. 10154. Under 

section 134 of the NWPA, the 

Commission, at the request of any party 

to the proceeding, must use hybrid 

hearing procedures with respect to ‘‘any 

matter which the Commission 

determines to be in controversy among 

the parties.’’ 

The hybrid procedures in section 134 

provide for oral argument on matters in 

controversy, preceded by discovery 

under the Commission’s rules and the 

designation, following argument of only 

those factual issues that involve a 

genuine and substantial dispute, 

together with any remaining questions 

of law, to be resolved in an adjudicatory 

hearing. Actual adjudicatory hearings 

are to be held on only those issues 

found to meet the criteria of section 134 

and set for hearing after oral argument. 

The Commission’s rules 

implementing section 134 of the NWPA 

are found in 10 CFR Part 2, Subpart K, 

‘‘Hybrid Hearing Procedures for 

Expansion of Spent Fuel Storage 

Capacity at Civilian Nuclear Power 

Reactors.’’ Under those rules, any party 

to the proceeding may invoke the hybrid 

hearing procedures by filing with the 

presiding officer a written request for 

oral argument under 10 CFR 2.1109. To 

be timely, the request must be filed 

together with a request for hearing/ 

petition to intervene, filed in 

accordance with 10 CFR 2.309. If it is 

determined a hearing will be held, the 

presiding officer must grant a timely 

request for oral argument. The presiding 

officer may grant an untimely request 

for oral argument only upon a showing 

of good cause by the requesting party for 

the failure to file on time and after 

providing the other parties an 

opportunity to respond to the untimely 

request. If the presiding officer grants a 

request for oral argument, any hearing 

held on the application must be 

conducted in accordance with the 

hybrid hearing procedures. In essence, 

those procedures limit the time 


jlentini on DSKJ8SOYB1PROD with NOTICES
11570 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / 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. 

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. 

available for discovery and require that 

an oral argument be held to determine 

whether any contentions must be 

resolved in an adjudicatory hearing. If 

no party to the proceeding timely 

requests oral argument, and if all 

untimely requests for oral argument are 

denied, then the usual procedures in 10 

CFR Part 2, Subpart L apply. 

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). 

V. Further Information 

Documents related to the proposed 

action are available electronically at the 

NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this site, you can 

access the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. Search for these documents 

using the ADAMS accession numbers: 

the application for amendment dated 

April 9, 2009, (ML091210251); and the 

publically-available portions of the June 

15, 2009, supplement (ML091680614), 

January 18, 2010, supplement 

(ML093430689). As discussed above in 

Section I., the January 18, 2010, 

supplement and a portion of the June 

15, 2009, supplement contain SUNSI 

and are not publically available. 

Instructions for requesting access to 

these withheld documents are contained 

in the following Order. 

If you do not have access to ADAMS 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737 or by e-mail to 

pdr.resource@nrc.gov. These documents 

may also be viewed electronically on 

the public computers located at the 

NRC’s PDR at 11555 Rockville Pike, 

Rockville, Maryland 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Attorney for the licensee: David W. 

Jenkins, Assistant General Counsel, 

FirstEnergy Nuclear Operating 

Company, Mail Stop A–GO–18, 76 

South Main Street, Akron, OH 44308. 

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 requester 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 requester’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

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 requester 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11571 

3Requesters 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 requester 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 5th day 

of March 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 petitioner/requestor reply). 

20 ............. Nuclear Regulatory Commission (NRC) staff informs the requester 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 petitioner/requester 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. 2010–5252 Filed 3–10–10; 8:45 am] 

BILLING CODE 7590–01–P 


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