11572 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–397; NRC–2010–0029] 

Notice of Acceptance for Docketing of 

the Application, Notice of Opportunity 

for Hearing Regarding Renewal of 

Facility Operating License No. NPF–21 

for an Additional 20-Year Period 

Energy Northwest; Columbia 

Generating Station 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering an application for the 

renewal of operating license NPF–21, 

which authorizes Energy Northwest 

(EN) to operate the Columbia Generating 

Station (CGS) at 3486 megawatts 

thermal. The renewed license would 

authorize the applicant to operate CGS 

for an additional 20 years beyond the 

period specified in the current license. 

CGS is located near Richland, 

Washington. The current operating 

license expires on December 20, 2023. 

EN submitted the application dated 

January 19, 2010, pursuant to Title 10 of 

the Code of Federal Regulations, Part 54 

(10 CFR Part 54) to renew operating 

license NPF–21. A notice of receipt and 

availability of the license renewal 

application (LRA) was published in the 

Federal Register on February 2, 2010 

(75 FR 5353). 

The Commission has determined that 

EN has submitted sufficient information 

in accordance with 10 CFR Sections 

2.101, 54.19, 54.21, 54.22, 54.23, 51.45, 

and 51.53(c), to enable the staff to 

undertake a review of the application, 

and the application is therefore 

acceptable for docketing. The 

Commission will retain the current 

Docket No. 50–397 for operating license 

No. NPF–21. The determination to 

accept the LRA for docketing does not 

constitute a determination that the 

renewed license should be issued, and 

does not preclude the NRC staff from 

requesting additional information as the 

review proceeds. 

Before issuance of the requested 

renewed license, the NRC will have 

made the findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations. In accordance with 10 

CFR 54.29, the NRC may issue a 

renewed license on the basis of its 

review if it finds that actions have been 

identified and have been or will be 

taken with respect to: (1) Managing the 

effects of aging during the period of 

extended operation on the functionality 

of structures and components that have 

been identified as requiring aging 

management review, and (2) timelimited aging analyses that have been 

identified as requiring review, such that 

there is reasonable assurance that the 

activities authorized by the renewed 

license will continue to be conducted in 

accordance with the current licensing 

basis (CLB) and that any changes made 

to the plant’s CLB will comply with the 

Act and the Commission’s regulations. 

Additionally, in accordance with 10 

CFR 51.95(c), the NRC will prepare an 

environmental impact statement that is 

a supplement to the Commission’s 

NUREG–1437, ‘‘Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Power Plants,’’ dated May 

1996. In considering the LRA, the 

Commission must find that the 

applicable requirements of Subpart A of 

10 CFR Part 51 have been satisfied, and 

that matters raised under 10 CFR 2.335 

have been addressed. Pursuant to 10 

CFR 51.26, and as part of the 

environmental scoping process, the staff 

intends to hold public scoping 

meetings. Detailed information 

regarding the environmental scoping 

meetings will be the subject of a 

separate Federal Register notice. 

Within 60 days after the date of 

publication of this Federal Register 

notice, 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 request 

for a hearing and a petition for leave to 

intervene with respect to the renewal of 

the license. Requests for a hearing or 

petitions for leave to intervene must be 

filed in accordance with the 

Commission’s ‘‘Rules of Practice for 

Domestic Licensing Proceedings and 

Issuance of Orders’’ in 10 CFR Part 2. 

Interested persons should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852 

and is accessible from the NRC’s 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room on the Internet 

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

adams.html. Persons who do not have 

access to the Internet or who encounter 

problems in accessing the documents 

located in ADAMS should contact the 

NRC’s PDR reference staff by telephone 

at 1–800–397–4209, or 301–415–4737, 

or by e-mail at PDR.Resource@nrc.gov. If 

a request for a hearing/petition for leave 

to intervene is filed within the 60-day 

period, the Commission or a presiding 

officer designated by the Commission or 

by the Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel will rule on the request and/or 

petition; and the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board Panel will 

issue a notice of a hearing or an 

appropriate order. In the event that no 

request for a hearing or petition for 

leave to intervene is filed within the 60- 

day period, the NRC may, upon 

completion of its evaluations and upon 

making the findings required under 10 

CFR Parts 51 and 54, renew the license 

without further notice. 

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, taking into 

consideration the limited scope of 

matters that may be considered 

pursuant to 10 CFR Parts 51 and 54. The 

petition must specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following factors: (1) The nature of 

the requestor’s/petitioner’s right under 

the Act to be made a party to the 

proceeding; (2) the nature and extent of 

the requestor’s/petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any decision or order which may be 

entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also set forth the specific 

contentions which the requestor/ 

petitioner seeks to have litigated at the 

proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the requestor/petitioner shall 

provide a brief explanation of the bases 

of each contention and a concise 

statement of the alleged facts or the 

expert opinion that supports the 

contention on which the requestor/ 

petitioner intends to rely in proving the 

contention at the hearing. The 

requestor/petitioner must also provide 

references to those specific sources and 

documents of which the requestor/ 

petitioner is aware and on which the 

requestor/petitioner intends to rely to 

establish those facts or expert opinion. 

The requestor/petitioner must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact. Contentions shall be limited to 

matters within the scope of the action 

under consideration. The contention 

must be one that, if proven, would 

entitle the requestor/petitioner to relief. 

A requestor/petitioner who fails to 

satisfy these requirements with respect 

to at least one contention will not be 

permitted to participate as a party. 

The Commission requests that each 

contention be given a separate numeric 

or alpha designation within one of the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11573 

following groups: (1) Technical 

(primarily related to safety concerns); 

(2) environmental; or (3) miscellaneous. 

As specified in 10 CFR 2.309, if two 

or more requestors/petitioners seek to 

co-sponsor a contention or propose 

substantially the same contention, the 

requestors/petitioners must jointly 

designate a representative who shall 

have the authority to act for the 

requestors/petitioners with respect to 

that contention. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

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

accordance with the NRC E-Filing rule 

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

submit and serve all adjudicatory 

documents over the Internet, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at (301) 415–1677, to request (1) a 

digital ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

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

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on 

NRC’s public Web site at http:// 

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

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

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

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E-Filing system does not 

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 electronic 

information exchange, 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. 

Petitions for leave to intervene must 

be filed no later than 60 days from the 

date of publication of this Federal 

Register notice. Non-timely filings will 

not be entertained absent a 

determination by the presiding officer 

that the petition or request should be 

granted or the contentions should be 

admitted, based on a balancing of the 


jlentini on DSKJ8SOYB1PROD with NOTICES
11574 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

Detailed information about the license 

renewal process can be found under the 

Nuclear Reactors icon at http:// 

www.nrc.gov/reactors/operating/ 

licensing/renewal.html on the NRC’s 

Web site. Copies of the application to 

renew the operating license for CGS are 

available for public inspection at the 

Commission’s PDR, located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852– 

2738, and at http://www.nrc.gov/ 

reactors/operating/licensing/renewal/ 

applications.html, the NRC’s Web site 

while the application is under review. 

The application may be accessed in 

ADAMS through the NRC’s Public 

Electronic Reading Room on the Internet 

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

adams.html under ADAMS Accession 

Number ML100250668. As stated above, 

persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS may contact the NRC PDR 

reference staff by telephone at 1–800– 

397–4209 or 301–415–4737, or by e-mail 

to PDR.Resource@nrc.gov. 

The NRC staff has verified that a copy 

of the LRA is also available to local 

residents near the site at the Richland 

Public Library, 955 Northgate Drive, 

Richland, Washington 99352 and at the 

Kennewick Branch of Mid-Columbia 

Libraries, 1620 South Union Street, 

Kennewick, Washington 99338. 

Dated at Rockville, Maryland, this 4th day 

of March 2010. 

For the Nuclear Regulatory Commission. 

Brian E. Holian, 

Director Division of License Renewal, Office 

of Nuclear Reactor Regulation. 

[FR Doc. 2010–5278 Filed 3–10–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0097] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of issuance and 

availability of draft regulatory guide, 

DG–1242, ‘‘Service Level I, II, and III 

Protective Coatings Applied To Nuclear 

Power Plants.’’ 

FOR FURTHER INFORMATION CONTACT: 

Bruce P. Lin, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: (301) 251–7653 or email Bruce.Lin@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The draft regulatory guide (DG), 

entitled, ‘‘Service Level I, II, and III 

Protective Coatings Applied to Nuclear 

Power Plants’’ is temporarily identified 

by its task number, DG–1242, which 

should be mentioned in all related 

correspondence. DG–1242 is proposed 

Revision 2 of Regulatory Guide 1.54, 

dated July 2000. 

Protective coatings have been used 

extensively in nuclear power plants 

(NPPs) to protect the surfaces of 

facilities and equipment from corrosion 

and contamination from radionuclides 

and for wear protection during plant 

operation and maintenance activities. 

For plants that have a design basis that 

includes a commitment to RG 1.54, 

‘‘Quality Assurance Requirements for 

Protective Coatings Applied to WaterCooled Nuclear Power Plants,’’ issued 

June 1973, the regulations cited above 

require that protective coatings be 

qualified and capable of surviving a 

design-basis accident without adversely 

affecting safety-related structures, 

systems, and components needed to 

mitigate the accident. 

The NRC issued RG 1.54 to describe 

an acceptable method for complying 

with NRC quality assurance 

requirements for protective coatings 

applied to ferritic steels, stainless steel, 

zinc-coated (galvanized) steel, concrete, 

or masonry surfaces of water-cooled 

NPPs. The presumption was that 

protective coatings that met these 

guidelines would not degrade over the 

design life of the plant. However, 

operating history has shown that 

undesirable degradation, detachment, 

and other types of failures of coatings 

have occurred, as described in Generic 

Letter 98–04, ‘‘Potential for Degradation 

of the Emergency Core Cooling System 

and the Containment Spray System after 

a Loss-of-Coolant Accident because of 

Construction and Protective Coating 

Deficiencies and Foreign Material in 

Containment,’’ dated July 14, 1998. 

Detached coatings from the substrate 

that are transported to emergency core 

cooling system intake structures may 

make those systems unable to satisfy the 

requirement in 10 CFR 50.46(b)(5) to 

provide long-term cooling. 

II. Further Information 

The NRC staff is soliciting comments 

on DG–1242. Comments may be 

accompanied by relevant information or 

supporting data and should mention 

DG–1242 in the subject line. Comments 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety through the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2010– 

0097 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. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0097. 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. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 


jlentini on DSKJ8SOYB1PROD with NOTICES