Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 52357 

conditions. There will be no significant 

changes in radiation levels during these 

evolutions, and no significant increase 

in the allowable individual or 

cumulative occupational radiation 

exposure is expected to occur. 

The use of Optimized ZIRLOTM fuel 

with a burnup limit of 62 GWD/MTU 

will not change the potential 

environmental impacts of incident-free 

transportation of spent nuclear fuel or 

the accident risks associated with spent 

fuel transportation if the fuel is cooled 

for 5 years after being discharged from 

the reactor. A PNNL report for the NRC 

(NUREG/CR–6703, January 2001) 

concluded that doses associated with 

incident-free transportation of spent fuel 

with burnup to 75 GWD/MTU are 

bound by the doses given in 10 CFR 

51.52, Table S–4 for all regions of the 

country, based on the dose rates from 

the shipping casks being maintained 

within regulatory limits. Increased fuel 

burnup will decrease the annual 

discharge of fuel to the spent fuel pool 

which will postpone the need to remove 

spent fuel from the pool. 

NUREG/CR–6703 determined that no 

increase in environmental effects of 

spent fuel transportation accidents is 

expected as a result of increasing fuel 

burnup to 75 GWD/MTU. 

Based on the nature of the 

amendment, the proposed actions do 

not result in changes to land use or 

water use, or result in changes to the 

quality or quantity of non-radiological 

effluents. No changes to the National 

Pollution Discharge Elimination System 

permit are needed. No effects on the 

aquatic or terrestrial habitat in the 

vicinity or the plant, or to threatened, 

endangered, or protected species under 

the Endangered Species Act, or impacts 

to essential fish habitat covered by the 

Magnuson-Stevens Act are expected. 

There are no impacts to the air or 

ambient air quality. There are no 

impacts to historic and cultural 

resources. There would be no noticeable 

effect on socioeconomic conditions in 

the region. Therefore, no changes or 

different types of non-radiological 

environmental impacts are expected as 

a result of the proposed actions. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

actions. 

For more detailed information 

regarding the environmental impacts of 

extended fuel burnup, please refer to the 

study conducted by PNNL for the NRC, 

entitled ‘‘Environmental Effects of 

Extending Fuel Burnup Above 60 GWD/ 

MTU’’ (NUREG/CR–6073, PNL–13257, 

January 2001, Agencywide Documents 

Access and Management System 

(ADAMS) Accession No. 

ML010310298). The details of the NRC 

staff’s Safety Evaluation will be issued 

concurrently with the amendment. 

Environmental Impacts of the 

Alternatives to the Proposed Actions 

As an alternative to the proposed 

action, the NRC staff considered denial 

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

application would result in no change 

in current environmental impacts. Thus, 

the environmental impacts of the 

proposed actions and the alternative 

action are similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

previously considered in the Final 

Environmental Statement for Donald C. 

Cook Nuclear Plant, Unit 1, or the 

Generic Environmental Impact 

Statement for License Renewal of 

Nuclear Plants: Regarding Donald C. 

Cook Nuclear Plant, Unit Nos. 1 and 2— 

Final Report (NUREG–1437, 

Supplement 20), dated May 2005. 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on July 14, 2011, the NRC staff 

consulted with the Michigan State 

official regarding the environmental 

impact of the proposed action. The State 

officials had no comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC staff concludes 

that the proposed actions will not have 

a significant effect on the quality of the 

human environment. Accordingly, the 

NRC staff determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed actions, see the licensee’s 

letter dated October 29, 2009 (ADAMS 

Accession No. ML093140092). 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the ADAMS Public Electronic 

Reading Room on the Internet at the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff by telephone at 1–800– 

397–4209 or 301–415–4737, or send an 

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

Dated at Rockville, Maryland, this 11th day 

of August, 2011. 

For the Nuclear Regulatory Commission. 

Peter S. Tam, 

Senior Project Manager, Plant Licensing 

Branch III–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2011–21340 Filed 8–19–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–278; NRC–2011–0178] 

Exelon Generation Company, LLC; 

PSEG Nuclear, LLC; Peach Bottom 

Atomic Power Station, Unit 3; Notice of 

Consideration of Issuance of 

Amendment to Facility Operating 

License, Proposed No Significant 

Hazards Consideration Determination, 

and Opportunity for a Hearing and 

Order Imposing Procedures for 

Document Access to Sensitive 

Unclassified Non-Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment 

request, opportunity to comment, 

opportunity to request a hearing, and 

Commission order. 

DATES: Submit comments by September 

21, 2011. A request for a hearing must 

be filed by October 21, 2011. Any 

potential party as defined in Title 10 of 

the Code of Federal Regulations (10 

CFR) 2.4 who believes access to 

Sensitive Unclassified Non-Safeguards 

Information and/or Safeguards 

Information is necessary to respond to 

this notice must request document 

access by September 1, 2011. 

ADDRESSES: Please include Docket ID 

NRC–2011–0178 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, http:// 

www.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 


jlentini on DSK4TPTVN1PROD with NOTICES
52358 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 

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–2011–0178. Address questions 

about NRC dockets to Carol Gallagher, 

telephone: 301–492–3668; e-mail: 

Carol.Gallagher@nrc.gov. 

• Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

• Fax comments to: RADB at 301– 

492–3446. 

You can access publicly available 

documents related to this document 

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, O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available online in the NRC Library at 

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

adams.html. From this page, the public 

can gain entry into ADAMS, which 

provides text and image files of the 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

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

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. The application 

for amendment, dated June 8, 2011, 

contains proprietary information and, 

accordingly, those portions are being 

withheld from public disclosure. A 

redacted version of the application for 

amendment, dated June 8, 2011, is 

available electronically under ADAMS 

Accession Number ML111600180. 

• Federal Rulemaking Web Site: 

Public comments and supporting 

materials related to this notice can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2011– 

0178. 

FOR FURTHER INFORMATION CONTACT: John 

D. Hughey, Project Manager, Plant 

Licensing Branch 1–2, Division of 

Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

301–415–3204; fax number: 301–415– 

2102; e-mail: John.Hughey@nrc.gov. 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering issuance of an 

amendment to Facility Operating 

License No. DPR–56, issued to Exelon 

Generation Company, LLC, and PSEG 

Nuclear, LLC, (licensee) for operation of 

the Peach Bottom Atomic Power Station 

(PBAPS), Unit 3, located in York and 

Lancaster Counties, Pennsylvania. 

The proposed amendment would 

revise the PBAPS, Unit 3, Technical 

Specification Section 2.1.1 to revise 

Safety Limit Minimum Critical Power 

Ratio (SLMCPR) values. The SLMCPR is 

established to assure that at least 99.9% 

of the fuel rods in the core do not 

experience boiling transition during 

normal operation and abnormal 

operating transients. The amendment 

application is dated June 8, 2011 

(ADAMS Accession No. ML111600180). 

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 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 amendment involve 

a significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The derivation of the cycle specific Safety 

Limit Minimum Critical Power Ratios 

(SLMCPRs) for incorporation into the 

Technical Specifications (TS), and their use 

to determine cycle specific thermal limits, 

has been performed using the methodology 

discussed in NEDE–2401 1–P–A, ‘‘General 

Electric Standard Application for Reactor 

Fuel,’’ Revision 18. 

The basis of the SLMCPR calculation is to 

ensure that during normal operation and 

during abnormal operational transients, at 

least 99.9% of all fuel rods in the core do not 

experience transition boiling if the limit is 

not violated. The new SLMCPRs preserve the 

existing margin to transition boiling. 

The MCPR safety limit is reevaluated for 

each reload using NRC-approved 

methodologies. The analyses for Peach 

Bottom Atomic Power Station (PBAPS), Unit 

3, Cycle 19 have concluded that a two 

recirculation loop MCPR safety limit of 

≥ 1.09, based on the application of Global 

Nuclear Fuel’s NRC-approved MCPR safety 

limit methodology, will ensure that this 

acceptance criterion is met. For single 

recirculation loop operation, a MCPR safety 

limit of ≥ 1.12 also ensures that this 

acceptance criterion is met. The MCPR 

operating limits are presented and controlled 

in accordance with the PBAPS, Unit 3 Core 

Operating Limits Report (COLR). 

The requested TS changes do not involve 

any plant modifications or operational 

changes that could affect system reliability or 

performance or that could affect the 

probability of operator error. The requested 

changes do not affect any postulated accident 

precursors, do not affect any accident 

mitigating systems, and do not introduce any 

new accident initiation mechanisms. 

Therefore, the proposed TS changes do not 

involve a significant increase in the 

probability or consequences of an accident 

previously evaluated. 

2. Does the proposed amendment create 

the possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

The SLMCPR is a TS numerical value, 

calculated to ensure that during normal 

operation and during abnormal operational 

transients, at least 99.9% of all fuel rods in 

the core do not experience transition boiling 

if the limit is not violated. The new 

SLMCPRs are calculated using NRCapproved methodology discussed in NEDE– 

24011–P–A, ‘‘General Electric Standard 

Application for Reactor Fuel,’’ Revision 18. 

The proposed changes do not involve any 

new modes of operation, any changes to 

setpoints, or any plant modifications. The 

proposed revised MCPR safety limits have 

been shown to be acceptable for Cycle 19 

operation. The core operating limits will 

continue to be developed using NRCapproved methods. The proposed MCPR 

safety limits or methods for establishing the 

core operating limits do not result in the 

creation of any new precursors to an 

accident. 

Therefore, this change does not create the 

possibility of a new or different kind of 

accident from any previously evaluated. 

3. Does the proposed amendment involve 

a significant reduction in a margin of safety? 

Response: No. 

There is no significant reduction in the 

margin of safety previously approved by the 

NRC as a result of the proposed change to the 

SLMCPRs. The new SLMCPRs are calculated 

using methodology discussed in NEDE– 

24011–P–A, ‘‘General Electric Standard 

Application for Reactor Fuel,’’ Revision 18. 

The SLMCPRs ensure that during normal 

operation and during abnormal operational 

transients, at least 99.9% of all fuel rods in 

the core do not experience transition boiling 

if the limit is not violated, thereby preserving 

the fuel cladding integrity. 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 52359 

Therefore, the proposed TS changes do not 

involve a significant reduction in the margin 

of safety previously approved by the NRC. 

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 

by September 21, 2011 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. 

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 

accessible electronically from the NRC 

Library on the NRC Web site at http:// 

www.nrc.gov/reading-rm/doccollections/cfr/. 

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 

requestor/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 

requestor or petitioner and specifically 

explain the reasons why the 

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 identify the 

specific contentions which the 

requestor/petitioner seeks to have 

litigated at the proceeding. 

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 requestor/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 requestor/ 

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 include a 

concise statement of the alleged facts or 

expert opinions which support the 

position of the requestor/petitioner and 

on which the requestor/petitioner 

intends to rely at hearing, together with 

references to the specific sources and 

documents on which the requestor/ 

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 

requestor/petitioner disputes and the 

supporting reasons for each dispute, or, 

if the requestor/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 requestor’s/petitioner’s belief. 

Each contention must be one which, if 

proven, would entitle the requestor/ 

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 Atomic Safety and Licensing Board 

(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 

October 21, 2011. 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 Federallyrecognized 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 


jlentini on DSK4TPTVN1PROD with NOTICES
52360 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 

imposed by the Licensing Board. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by October 

21, 2011. 

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 

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 the 

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 the 

NRC’s ‘‘Guidance for Electronic 

Submission,’’ which is available on the 

agency’s public Web site at http:// 

www.nrc.gov/site-help/esubmittals.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:// 

ehd1.nrc.gov/EHD/, 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 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 52361 

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. 

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. 

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 

August 22, 2011. 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 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

Attorney for licensee: Mr. J. Bradley 

Fewell, Associate General Counsel, 

Exelon Generation Company LLC, 4300 

Winfield Road, Warrenville, IL 60555. 

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 requestor 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 requestor’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 requestor 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 

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. 


jlentini on DSK4TPTVN1PROD with NOTICES
52362 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 

It is so ordered. 

Dated at Rockville, Maryland this 16th day 

of August 2011. 

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. 2011–21346 Filed 8–19–11; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Submission for Review: Revision of an 

Existing Information Collection, 

USAJOBS 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: 30-Day Notice and request for 

comments. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) offers the general 

public and other Federal agencies the 

opportunity to comment on a revised 

information collection request (ICR) 

3206–0219, USAJOBS. As required by 

the Paperwork Reduction Act of 1995, 

(Pub. L. 104–13, 44 U.S.C. chapter 35) 

as amended by the Clinger-Cohen Act 

(Pub. L. 104–106), the Office of 

Management and Budget (OMB) is 

soliciting comments for this collection. 

The information collection was 

previously published in the Federal 

Register on June 22, 2011 at Volume 76 

FR No. 120 allowing for a 60-day public 

comment period. No comments were 

received for this information collection. 

The purpose of this notice is to allow an 

additional 30 days for public comments. 

OMB is particularly interested in 

comments that: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

DATES: Comments are encouraged and 

will be accepted until September 21, 


jlentini on DSK4TPTVN1PROD with NOTICES