Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices 69967 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–440; NRC–2023–0136] 

Notice of Intent To Conduct Scoping 

Process and Prepare Environmental 

Impact Statement; Energy Harbor 

Corp.; Energy Harbor Generation LLC.; 

Energy Harbor Nuclear Corp.; Perry 

Nuclear Power Plant, Unit 1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Intent to conduct scoping 

process and prepare environmental 

impact statement; public scoping 

meeting and request for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) will conduct a 

scoping process to gather information 

necessary to prepare an environmental 

impact statement (EIS) to evaluate the 

environmental impacts for the license 

renewal of the Facility Operating 

License No. NPF–58 for Perry Nuclear 

Power Plant, Unit 1. The NRC is seeking 

public comment on this action and has 

scheduled an in-person public scoping 

meeting, followed by a virtual one. 

DATES: The NRC will hold two public 

scoping meetings, one through online 

webinar and teleconference call and one 

in-person near the facility, including a 

presentation on the license renewal 

process and a transcribed public 

comment session. The virtual meeting 

will be held October 19, 2023, at 2 p.m. 

eastern time (ET). The in-person 

meeting will be held October 25, 2023, 

at 6:30 p.m. ET at the Perry Public 

Library, 3753 Main St., Perry, OH 

44081. Details on both meetings can be 

found on the NRC’s Public Meeting 

Schedule at: https://www.nrc.gov/pmns/ 

mtg. Submit comments on the scope of 

the EIS by November 9, 2023. 

Comments received after this date will 

be considered if it is practical to do so, 

but the NRC is able to ensure 

consideration only for comments 

received on or before this date. See 

section IV, ‘‘Public Scoping Meeting,’’ of 

this notice for additional information. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal Rulemaking Website: Go to 

https://regulations.gov and search for 

Docket ID NRC–2023–0136. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Email: Comments may be submitted 

to the NRC electronically using the 

email address PerryEnvironmental@

nrc.gov. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Lance Rakovan, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–2589, email: Lance.Rakovan@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2023– 

0136 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://regulations.gov and search for 

Docket ID NRC–2023–0136. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

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

301–415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced in this document (if it is 

available in ADAMS) is provided the 

first time that it is referenced. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. ET, 

Monday through Friday, except Federal 

holidays. 

• Public Library: A copy of the 

license renewal application for Perry, 

including the environmental report 

(ER), will be available for public review 

at the following public library location: 

Perry Public Library, 3753 Main St., 

Perry, OH 44081. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2023–0136 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Discussion 

By letter dated July 3, 2023 (ADAMS 

Accession No. ML23184A081), Energy 

Harbor Nuclear Corp. (Energy Harbor or 

the applicant), doing business as Energy 

Harbor Nuclear Generation LLC., 

submitted to the NRC an application for 

license renewal of Facility Operating 

License No. NPF–58 for Perry Nuclear 

Power Plant, Unit 1, for an additional 20 

years of operation. This submission 

initiated the NRC’s proposed action of 

determining whether to grant the license 

renewal application. Perry is a boiling 

water reactor designed by General 

Electric and is located 35 miles NE of 

Cleveland, OH on the banks of Lake 

Erie. The current facility operating 

license for Unit 1 expires at midnight on 

November 7, 2026. The license renewal 

application was submitted pursuant to 

part 54 of title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Requirements for 

Renewal of Operating Licenses for 

Nuclear Power Plants,’’ and seeks to 

extend the renewed facility operating 

license for Unit 1 to midnight on 

November 7, 2046. A notice of receipt 

and availability of the application was 

published in the Federal Register on 

August 9, 2023 (88 FR 53933). A notice 

of acceptance for docketing of the 

application and of opportunity to 


ddrumheller on DSK120RN23PROD with NOTICES1
69968 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices 

request a hearing was published in the 

Federal Register on September 29, 2023 

(88 FR 67373) and is available on the 

Federal rulemaking website (https://

www.regulations.gov) by searching for 

Docket ID NRC–2023–0136. 

III. Request for Comment 

This notice informs the public of the 

NRC’s intention to conduct 

environmental scoping and prepare an 

EIS related to the license renewal 

application for Perry, and to provide the 

public an opportunity to participate in 

the environmental scoping process, as 

defined in 10 CFR 51.29, ‘‘Scopingenvironmental impact statement and 

supplement to environmental impact 

statement,’’ and 10 CFR 51.116 ‘‘Notice 

of Intent.’’ 

The regulations in 36 CFR 800.8, 

‘‘Coordination with the National 

Environmental Policy Act,’’ allow 

agencies to use their National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321, et seq.) (NEPA) process to 

fulfill the requirements of Section 106 of 

the National Historic Preservation Act of 

1966 (54 U.S.C. 300101, et seq.) (NHPA). 

Therefore, pursuant to 36 CFR 800.8(c), 

the NRC intends to use its process and 

documentation required for the 

preparation of the EIS on the proposed 

action to comply with Section 106 of the 

NHPA in lieu of the procedures set forth 

at 36 CFR 800.3 through 800.6. 

In accordance with 10 CFR 51.53(c) 

and 10 CFR 54.23, Perry submitted an 

ER as part of the license renewal 

application. The ER was prepared 

pursuant to 10 CFR part 51, 

‘‘Environmental Protection Regulations 

for Domestic Licensing and Related 

Regulatory Functions,’’ and is publicly 

available in ADAMS under Accession 

No. ML23184A081. The ER will also be 

available for viewing at https://

www.nrc.gov/reactors/operating/ 

licensing/renewal/applications.html. In 

addition, the license renewal 

application, including the ER, will be 

available for public review at the Perry 

Public Library, 3753 Main St., Perry, OH 

44081. 

The NRC intends to gather the 

information necessary to prepare a 

plant-specific supplement to NUREG– 

1437, ‘‘Generic Environmental Impact 

Statement for License Renewal of 

Nuclear Plants’’ (ADAMS Package 

Accession No. ML13107A023) (GEIS), 

related to the license renewal 

application for Perry. The NRC is 

required by 10 CFR 51.95 to prepare a 

plant-specific supplement to the GEIS in 

connection with the renewal of an 

operating license. This notice is being 

published in accordance with NEPA 

and the NRC’s regulations at 10 CFR 

part 51. 

The supplement to the GEIS will 

evaluate the environmental impacts of 

license renewal for Perry, and 

reasonable alternatives thereto. Possible 

alternatives to the proposed action 

include the no action alternative and 

reasonable alternative energy sources. 

As part of its environmental review, 

the NRC will first conduct a scoping 

process for the plant-specific 

supplement to the GEIS and, as soon as 

practicable thereafter, will prepare a 

draft supplement to the GEIS for public 

comment. Participation in this scoping 

process by members of the public and 

local, State, Tribal, and Federal 

government agencies is encouraged. The 

scoping process for the supplement to 

the GEIS will be used to accomplish the 

following: 

a. Define the proposed action that is 

to be the subject of the supplement to 

the GEIS; 

b. Determine the scope of the 

supplement to the GEIS and identify the 

significant issues to be analyzed in 

depth; 

c. Identify and eliminate from 

detailed study those issues that are 

peripheral or are not significant or that 

have been covered by prior 

environmental review; 

d. Identify any environmental 

assessments and other ElSs that are 

being or will be prepared that are 

related to, but are not part of, the scope 

of the supplement to the GEIS under 

consideration; 

e. Identify other environmental 

review and consultation requirements 

related to the proposed action; 

f. Indicate the relationship between 

the timing of the preparation of the 

environmental analyses and the NRC’s 

tentative planning and decision-making 

schedule; 

g. Identify any cooperating agencies 

and, as appropriate, allocate 

assignments for preparation and 

schedules for completing the 

supplement to the GEIS to the NRC and 

any cooperating agencies; and 

h. Describe how the supplement to 

the GEIS will be prepared, including 

any contractor assistance to be used. 

The NRC invites the following entities 

to participate in scoping: 

a. The applicant, Energy Harbor 

Nuclear Corp. (Energy Harbor or the 

applicant), doing business as Energy 

Harbor Nuclear Generation LLC.; 

b. Any Federal agency that has 

jurisdiction by law or special expertise 

with respect to any environmental 

impact involved or that is authorized to 

develop and enforce relevant 

environmental standards; 

c. Affected State and local 

government agencies, including those 

authorized to develop and enforce 

relevant environmental standards; 

d. Any affected Indian Tribe; 

e. Any person who requests or has 

requested an opportunity to participate 

in the scoping process; and 

f. Any person who has petitioned or 

intends to petition for leave to intervene 

under 10 CFR 2.309. 

IV. Public Scoping Meeting 

In accordance with 10 CFR 51.26(b), 

the scoping process for an EIS may 

include a public scoping meeting to 

help identify significant issues related 

to the proposed action and to determine 

the scope of issues to be addressed in 

the EIS. 

The NRC is announcing that it will 

hold an online webinar and 

teleconference call and an in-person 

near the facility, including a 

presentation on the license renewal 

process and a transcribed public 

comment session. The virtual meeting 

will be held October 19, 2023, at 2 p.m. 

ET. The in-person meeting will be held 

October 25, 2023, at 6:30 p.m. ET at the 

Perry Public Library, 3753 Main St., 

Perry, OH 44081. Details on both 

meetings can be found on the NRC’s 

Public Meeting Schedule at: https://

www.nrc.gov/pmns/mtg. A court 

reporter will transcribe all comments 

received during each public scoping 

meeting. To be considered, comments 

must be provided either at a transcribed 

public meeting or in writing, as 

discussed in the ADDRESSES section of 

this notice. Persons interested in 

attending these meetings should 

monitor the NRC’s Public Meeting 

Schedule website at https://

www.nrc.gov/pmns/mtg for additional 

information, agenda for the meetings, 

and access additional information. 

Please contact Mr. Lance Rakovan no 

later than October 18, 2023, if 

accommodations or special equipment 

is needed to attend or to provide 

comments, so that the NRC staff can 

determine whether the request can be 

accommodated. 

The public scoping meetings will 

include: (1) an overview by the NRC 

staff of the environmental and safety 

review processes, the proposed scope of 

the supplement to the GEIS, and the 

proposed review schedule; and (2) the 

opportunity for interested government 

agencies, organizations, and individuals 

to submit comments or suggestions on 

environmental issues or the proposed 

scope of the Perry license renewal 

supplement to the GEIS. 

Participation in the scoping process 

for the Perry license renewal 


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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices 69969 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See proposed Fee Schedule, NYSE Arca 

GENERAL OPTIONS and TRADING PERMIT (OTP) 

FEES, Regulatory Fees, Options Regulatory Fee 

(‘‘ORF’’). The Exchange proposes to modify the Fee 

Schedule to provide for a waiver of ORF from 

October 1, 2023 until December 31, 2023, and to 

provide that the ORF rate would be $0.0038 when 

the Exchange resumes assessing ORF on January 1, 

2024. 

5The Exchange considers surveillance operations 

part of regulatory operations. The limitation on the 

use of regulatory funds also provides that they shall 

not be distributed. See Bylaws of NYSE Arca, Inc., 

Art. II, Sec. 2.03. 

6See Fee Schedule, NYSE Arca GENERAL 

OPTIONS and TRADING PERMIT (OTP) FEES, 

Regulatory Fees, Options Regulatory Fee (‘‘ORF’’). 

The Exchange uses reports from OCC when 

assessing and collecting the ORF. The ORF is not 

assessed on outbound linkage trades. An OTP 

Holder is not assessed the fee until it has satisfied 

applicable technological requirements necessary to 

commence operations on NYSE Arca. See id. 

7The Exchange notes that many of the Exchange’s 

market surveillance programs require the Exchange 

to look at and evaluate activity across all options 

markets, such as surveillance for position limit 

violations, manipulation, front-running and 

contrary exercise advice violations/expiring 

exercise declarations. The Exchange and other 

options SROs are parties to a 17d–2 agreement 

allocating among the SROs regulatory 

responsibilities relating to compliance by the 

common members with rules for expiring exercise 

declarations, position limits, OCC trade 

adjustments, and Large Option Position Report 

reviews. See, e.g., Securities Exchange Act Release 

No. 85097 (February 11, 2019), 84 FR 4871 

(February 19, 2019). 

supplement to the GEIS does not entitle 

participants to become parties to the 

proceeding to which the supplement to 

the GEIS relates. Matters related to 

participation in any hearing are outside 

the scope of matters to be discussed at 

this public meeting. 

Dated: October 4, 2023. 

For the Nuclear Regulatory Commission. 

Theodore B. Smith, 

Chief, Environmental Review License Renewal 

Branch, Division of Rulemaking, 

Environment, and Financial Support, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2023–22374 Filed 10–6–23; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98676; File No. SR– 

NYSEARCA–2023–68] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend the NYSE Arca 

Options Fee Schedule To Modify the 

Options Regulatory Fee 

October 3, 2023. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on 

September 29, 2023, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the self-regulatory 

organization. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

NYSE Arca Options Fee Schedule (‘‘Fee 

Schedule’’) regarding the Options 

Regulatory Fee (‘‘ORF’’). The proposed 

rule change is available on the 

Exchange’s website at www.nyse.com, at 

the principal office of the Exchange, and 

at the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend the 

Fee Schedule to decrease the ORF from 

$0.0055 per contract to $0.0038 per 

contract, effective on January 1, 2024, 

and to provide for a temporary waiver 

of the ORF for the three months leading 

up to such change, from October 1, 2023 

through December 31, 2023 (the 

‘‘Waiver Period’’).4

Background 

As a general matter, the Exchange 

may only use regulatory funds such as 

the ORF ‘‘to fund the legal, regulatory, 

and surveillance operations’’ of the 

Exchange.5 More specifically, the ORF 

is designed to recover a material 

portion, but not all, of the Exchange’s 

costs for the supervision and regulation 

of OTP Holders and OTP Firms 

(collectively, ‘‘OTP Holders’’), including 

the Exchange’s regulatory program and 

legal expenses associated with options 

regulation, such as the costs related to 

in-house staff, third-party service 

providers, and technology that facilitate 

regulatory functions such as 

surveillance, investigation, 

examinations and enforcement 

(collectively, the ‘‘ORF Costs’’). ORF 

funds may also be used for indirect 

expenses such as human resources and 

other administrative costs. The 

Exchange monitors the amount of 

revenue collected from the ORF to 

ensure that this revenue, in combination 

with other regulatory fees and fines, 

does not exceed regulatory costs. 

The ORF is assessed on OTP Holders 

for options transactions that are cleared 

by the OTP Holder through the Options 

Clearing Corporation (‘‘OCC’’) in the 

Customer range regardless of the 

exchange on which the transaction 

occurs and is collected from OTP 

Holder clearing firms by the OCC on 

behalf of NYSE Arca.6 All options 

transactions must clear via a clearing 

firm and such clearing firms can then 

choose to pass through all, a portion, or 

none of the cost of the ORF to its 

customers, i.e., the entering firms. The 

Exchange notes that the costs relating to 

monitoring OTP Holders with respect to 

Customer trading activity are generally 

higher than the costs associated with 

monitoring OTP Holders that do not 

engage in Customer trading activity, 

which tends to be more automated and 

less labor-intensive. By contrast, 

regulating OTP Holders that engage in 

Customer trading activity is generally 

more labor intensive and requires a 

greater expenditure of human and 

technical resources as the Exchange 

needs to review not only the trading 

activity on behalf of Customers, but also 

the OTP Holder’s relationship with its 

Customers via more labor-intensive 

exam-based programs.7 As a result, the 

costs associated with administering the 

customer component of the Exchange’s 

overall regulatory program are 

materially higher than the costs 

associated with administering the noncustomer component (e.g., OTP Holder 

proprietary transactions) of its 

regulatory program. 

ORF Collections and Monitoring of ORF 

Exchange rules establish that market 

participants must be notified of any 


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