Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 46247 

STP Nuclear Operating Company, 

Docket Nos. 50–498 and 50–499, South 

Texas Project, Units 1 and 2, Matagorda 

County, Texas 

Date of amendment request: March 3, 

2009. 

Brief description of amendments: The 

amendments revised the Technical 

Specifications (TS) to eliminate working 

hour restrictions from TS 6.2.2 to 

support compliance with Title 10 of the 

Code of Federal Regulations (10 CFR) 

Part 26. The request is consistent with 

the guidance contained in the U.S. 

Nuclear Regulatory Commission (NRC)- 

approved TS Task Force (TSTF) 

Improved Standard Technical 

Specification change traveler, TSTF– 

511, Revision 0, ‘‘Eliminate Working 

Hour Restrictions from TS 5.2.2 to 

Support Compliance with 10 CFR Part 

26.’’ The availability of this 

improvement was announced in the 

Federal Register on December 30, 2008 

(73 FR 79923), as part of the 

Consolidated Line Item Improvement 

Process. 

Date of issuance: August 18, 2009. 

Effective date: As of the date of 

issuance and shall be implemented by 

October 1, 2009. 

Amendment Nos.: Unit 1–192; Unit 

2–180. 

Facility Operating License Nos. NPF– 

76 and NPF–80: The amendments 

revised the Facility Operating Licenses 

and Technical Specifications. 

Date of initial notice in Federal 

Register: June 16, 2009 (74 FR 28579). 

The Commission’s related evaluation 

of the amendments is contained in a 

Safety Evaluation dated August 18, 

2009. 

No significant hazards consideration 

comments received: No. 

Tennessee Valley Authority, Docket 

Nos. 50–259, 50–260, and 50–296, 

Browns Ferry Nuclear Plant, Units 1, 2, 

and 3, Limestone County, Alabama 

Date of application for amendments: 

March 27, 2008, as supplemented by 

letters dated December 19, 2008, 

February 9, April 24, and May 26, 2009. 

Description of amendment request: 

The amendments revised the technical 

specifications (TSs) to adopt the content 

of Technical Specification Task Force 

(TSTF) change traveler TSTF448, 

Revision 3, ‘‘Control Room 

Habitability.’’ Specifically, the 

amendments revised TS 3.7.3, ‘‘Control 

Room Emergency Ventilation (CREV) 

System,’’ and added TS 5.5.13, ‘‘Control 

Room Envelope Habitability Program.’’ 

The amendments also added a new 

license condition regarding initial 

performance of the new surveillance 

and assessment requirements of the 

revised TSs. 

Date of issuance: August 18, 2009. 

Effective date: Date of issuance, to be 

implemented within 60 days. 

Amendment Nos.: 275, 302, and 261. 

Renewed Facility Operating License 

Nos. DPR–33, DPR–52, and DPR–68: 

Amendments revised the Licenses and 

Technical Specifications. 

Date of initial notice in Federal 

Register: August 26, 2008 (73 FR 

50362) and revised on January 27, 2009 

(74 FR 4775). The supplements dated 

February 9, April 24, and May 26, 2009, 

provided additional information that 

clarified the application, did not expand 

the scope of the application as originally 

noticed, and did not change the staff’s 

original proposed no significant hazards 

consideration determination as 

published in the Federal Register. 

The Commission’s related evaluation 

of the amendment is contained in a 

Safety Evaluation dated August 18, 

2009. 

No significant hazards consideration 

comments received: No. 

Tennessee Valley Authority, Docket 

Nos. 50–327 and 50–328, Sequoyah 

Nuclear Plant, Units 1 and 2, Hamilton 

County, Tennessee 

Date of application for amendments: 

October 21, 2008. 

Brief description of amendments: The 

amendments revised Sequoyah Nuclear 

Plant’s Updated Final Safety Analysis 

Report (UFSAR) to require an inspection 

of each ice condenser within 24 hours 

of experiencing a seismic event greater 

than or equal to an operating basis 

earthquake (i.e., 1⁄2 of a safe shutdown 

earthquake) within the 5-week period 

after ice basket replenishment is 

completed. This will confirm that ice 

condenser lower inlet doors have not 

been blocked by ice fallout. 

The proposed amendments provided 

a procedural requirement to confirm the 

ice condenser maintains the ice 

condenser generic qualification as set 

forth in the UFSAR. Justification for the 

use of the proposed procedural 

requirement is based on reasonable 

assurance that the ice condenser lower 

inlet doors will open following a 

seismic event during the 5-week period 

and the low probability of a seismic 

event occurring coincident with or 

subsequently followed by a design basis 

accident. 

Date of issuance: August 14, 2009. 

Effective date: As of the date of 

issuance and shall be implemented 

within 60 days of issuance. The UFSAR 

changes shall be implemented in the 

next periodic update made in 

accordance with 10 CFR 50.71(e). 

Amendment Nos.: 325 and 317. 

Facility Operating License Nos. DPR– 

77 and DPR–79: Amendments changed 

the licenses. 

Date of initial notice in Federal 

Register: January 13, 2009 (74 FR 

1715). 

The Commission’s related evaluation 

of the amendments is contained in a 

Safety Evaluation dated August 14, 

2009. 

No significant hazards consideration 

comments received: No. 

Dated at Rockville, Maryland, this 27th day 

of August, 2009. 

For The Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–21389 Filed 9–4–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–27; NRC–2009–0205] 

Pacific Gas and Electric Company; 

Humboldt Bay Independent Spent Fuel 

Storage Installation; Notice of 

Issuance of Amendment to Materials 

License No. SNM–2514 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance of 

Amendment to Materials License SNM– 

2514. 

DATES: A request for a hearing must be 

filed by November 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Shana R. Helton, Senior Project 

Manager, Division of Spent Fuel Storage 

and Transportation, Office of Nuclear 

Material Safety and Safeguards, Mail 

Stop EBB–3D–02M, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. Telephone: (301) 492– 

3284; e-mail: shana.helton@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On November 17, 2005, the U.S. 

Nuclear Regulatory Commission (NRC) 

issued NRC Materials License No. 

SNM–2514 to the Pacific Gas and 

Electric Company (PG&E) for the 

Humboldt Bay Independent Spent Fuel 

Storage Installation (ISFSI), located in 

Humboldt County, California. The 

license authorizes PG&E to receive, 

possess, store, and transfer spent 

nuclear fuel and associated radioactive 

materials resulting from the operation of 

the Humboldt Bay Power Plant in an 

ISFSI at the power plant site for a term 


jlentini on DSKJ8SOYB1PROD with NOTICES
46248 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 

of 20 years. The NRC staff also issued 

an Environmental Assessment and 

Finding of No Significant Impact related 

to the issuance of the initial ISFSI 

license on November 16, 2005, in 

accordance with the National 

Environmental Policy Act, and in 

conformance with the applicable 

requirements of 10 CFR Part 51. 

On April 20, 2009, PG&E submitted 

an application to NRC, in accordance 

with 10 CFR Part 72, requesting an 

amendment to NRC Materials License 

No. SNM–2514. PG&E’s application 

requested that the ISFSI license be 

amended to allow for the relocation of 

the Humboldt Bay ISFSI quality 

assurance (QA) requirements from the 

Diablo Canyon Power Plant Part 50 QA 

plan to the Humboldt Bay Power Plant 

Part 50 QA plan. 

The current license states that, prior 

to the termination of the Part 50 license 

for the Diablo Canyon Power Plant, 

PG&E would be required to submit a 10 

CFR Part 72, Subpart G, compliant QA 

plan, for the Humboldt Bay ISFSI, to the 

NRC for approval. The proposed 

amendment seeks to link this 

requirement to the termination of the 

Humboldt Bay Power Plant Part 50 

license rather than the termination of 

the Diablo Canyon Power Plan Part 50 

license. The proposed amendment 

retains the requirement for PG&E to 

submit a Subpart G compliant QA plan 

to the NRC for approval, prior to 

terminating the controlling Part 50 

license. 

In accordance with 10 CFR 72.16, a 

Notice of Docketing was published in 

the Federal Register on May 14, 2009. 

Pursuant to 10 CFR 72.46, the NRC has 

approved and issued Amendment No. 2 

to Materials License No. SNM–2514 

held by PG&E for the receipt, 

possession, transfer, and storage of 

spent fuel at the Humboldt Bay ISFSI. 

Amendment No. 2 authorizes relocating 

the Humboldt Bay ISFSI QA plan from 

the Diablo Canyon Power Plant Part 50 

QA Program to the Humboldt Bay Power 

Plant Part 50 QA Plan. Amendment No. 

2 is effective as of the date of issuance. 

Amendment No. 2 complies with the 

standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the NRC’s rules and 

regulations. The NRC has made 

appropriate findings, as required by the 

Act and the NRC’s rules and regulations 

in 10 CFR Chapter I, which are set forth 

in Amendment No. 2. The issuance of 

Amendment No. 2 satisfied the criteria 

specified in 10 CFR 51.22(c)(11) for a 

categorical exclusion. Thus, the 

preparation of an environmental 

assessment or an environmental impact 

statement is not required. 

II. Opportunity To Request a Hearing 

In accordance with 10 CFR 

72.46(b)(2), the staff has determined that 

this license amendment, requesting the 

relocation of the Humboldt Bay ISFSI 

QA plan, does not present a genuine 

issue as to whether public health and 

safety will be significantly affected. 

Therefore, the publication of a notice of 

proposed action and an opportunity for 

hearing or a notice of hearing is not 

warranted. Notice is hereby given of the 

right of interested persons to request a 

hearing on whether the action should be 

rescinded or modified. 

Any person whose interest may be 

affected by this proceeding and who 

desires to have this action rescinded or 

modified must file a request for a 

hearing and, a specification of the 

contentions which the person seeks to 

have litigated in the hearing, in 

accordance with the NRC E–Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). All documents 

filed in NRC adjudicatory proceedings, 

including documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c) and any motion 

or other document filed in the 

proceeding prior to the submission of a 

request for hearing or petition to 

intervene, must be filed in accordance 

with the E–Filing rule. The E–Filing 

rule 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 

a waiver 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 

petitioner/requestor should contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (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/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E–Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

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/applycertificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, they 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 filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE 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 

EIE system also distributes an e-mail 

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 through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

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

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must, in 

accordance with 10 CFR 2.302(g), file an 

exemption request 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, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 46249 

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 first-class 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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). 

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, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

social security numbers in their filings. 

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 formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3)), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

November 9, 2009. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, a request for a hearing filed by a 

person other than an applicant must 

state: 

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petition for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the 

application (including the applicant’s 

environmental report and safety report) 

that the requester/petitioner disputes 

and the supporting reasons for each 

dispute, or, if the requester/petitioner 

believes the application fails to contain 

information on a relevant matter as 

required by law, the identification of 

each failure and the supporting reasons 

for the requester’s/petitioner’s belief. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information available at the time the 

petition is to be filed, such as the 

application or other supporting 

document filed by an applicant or 

licensee, or otherwise available to the 

petitioner. The requester/petitioner may 

amend those contentions or file new 

contentions if there are data or 

conclusions in the NRC documents that 

differ significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

after the initial filing only with leave of 

the presiding officer. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E–Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Further Information 

The NRC has prepared a Safety 

Evaluation Report (SER) that documents 

the staff’s review and evaluation of the 

amendment. In accordance with 10 CFR 

2.390 of NRC’s ‘‘Rules of Practice,’’ final 

NRC records and documents related to 

this action, including the application for 

amendment and supporting 

documentation and the SER, 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 NRC’s 

Agencywide Document Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. The ADAMS 

Accession Number for the application, 

dated April 20, 2009, is ML091190693. 

The ADAMS Accession Number for the 

staff’s SER is ML092400409. 

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

NRC’s Public Document Room (PDR) 

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

415–4737, or by e-mail to pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at NRC’s PDR, O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents, for a fee. 

Dated at Rockville, Maryland, this 28th day 

of August, 2009. 

For the Nuclear Regulatory Commission. 

Shana R. Helton, 

Senior Project Manager, Licensing Branch, 

Division of Spent Fuel Storage and 

Transportation, Office of Nuclear Material 

Safety and Safeguards. 

[FR Doc. E9–21613 Filed 9–4–09; 8:45 am] 

BILLING CODE 7590–01–P 


jlentini on DSKJ8SOYB1PROD with NOTICES