[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Pages 24993-24997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10676]


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NUCLEAR REGULATORY COMMISSION

 [Docket No. 52-011; NRC-2008-0252]


Southern Nuclear Operating Company; Notice of Consideration of 
Issuance of Amendment to Early Site Permit, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment request, opportunity to comment, 
and opportunity to request a hearing.

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DATES: Submit comments by May 20, 2010. Requests for a hearing or leave 
to intervene must be filed by July 6, 2010.

FOR FURTHER INFORMATION CONTACT: Chandu Patel, Project Manager, AP1000 
Projects Branch 1, Division of New Reactors Licensing, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-001. 
Telephone: (301) 415-3025; fax number: (301) 415-6350; e-mail: 
<a href="/cdn-cgi/l/email-protection#82c1eae3ece6f7acd2e3f6e7eec2ecf0e1ace5edf4"><span class="__cf_email__" data-cfemail="084b6069666c7d2658697c6d6448667a6b266f677e">[email protected]</span></a>.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2008-0252 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the NRC Web site and on the Federal rulemaking Web site 
Regulations.gov. Because your comments will not be edited to remove any 
identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You may submit comments by any one of the following methods.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2008-0252. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#76351704191a5831171a1a17111e13043618041558111900"><span class="__cf_email__" data-cfemail="f0b391829f9cdeb7919c9c9197989582b09e8293de979f86">[email protected]</span></a>.
    Mail comments to: Chief, Rulemaking, Announcements and Directives 
Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. 
Nuclear Regulatory Commission, Washington,

[[Page 24994]]

DC 20555-0001, or by fax to RADB 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 Reading Room 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 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 
<a href="/cdn-cgi/l/email-protection#3a4a5e4814485f49554f48595f7a544859145d554c"><span class="__cf_email__" data-cfemail="aadaced884d8cfd9c5dfd8c9cfeac4d8c984cdc5dc">[email protected]</span></a>. The application dated April 20, 2010, as 
supplemented on April 23, 2010 and April 28, 2010 is available 
electronically under ADAMS Accession Numbers ML101120089 and 
ML101160531.
    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-2008-0252.

SUPPLEMENTARY INFORMATION:

1. Introduction

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Early Site Permit (ESP) No-004, 
issued to Southern Nuclear Operating Company (SNC), for Vogtle Electric 
Generating Plant (VEGP) Units 3 and 4 site located in Burke County, 
Georgia.
    The proposed amendment would change the Vogtle Electric Generating 
Plant Units 3 and 4 ESP site safety analysis report (SSAR) to allow the 
use and placement of Category 1 and 2 backfill from onsite borrow areas 
not specifically identified in the VEGP Units 3 and 4 SSAR. In 
accordance with Title 10 of the Code of Federal Regulations (10 CFR) 
Section 52.39(e) changes to the ESP SSAR require prior Commission 
approval through an amendment to the ESP.
    As discussed in the licensee's application dated April 20, 2010, 
SNC requested that the proposed amendment be processed by the NRC on an 
exigent basis in accordance with the provisions in 10 CFR 50.91(a)(6) 
because safety-related construction activities will be halted when 
available deposits of Category 1 and 2 backfill material is exhausted 
by May 23, 2010. SNC requested approval of the proposed amendment by 
May 14, 2010. SNC also stated that suspension of backfill operations 
prior to reaching the 180 feet msl elevation could have potential 
adverse effects on safety and the environment due to the potential for 
erosion and other environmental damage for delays in operations. In 
addition, SNC stated the following:

    In addition, the inability to use backfill from the additional 
areas could cause a disruption in the construction schedule for the 
project. Vogtle 3 and 4 operations are supporting a staff of over 
900 people. Any significant delays would require curtailing 
operations and reinitiating operations at a later time. There are 
significant economic costs associated with the schedule and staffing 
impacts.

    On April 23, 2010, the licensee provided the following additional 
information regarding the exigent circumstances:

    Once backfill activities have started, a protracted interruption 
in backfill activities could result in the following impacts to the 
construction project:
    1. Backfill rework--The upper layers of compacted fill material 
would experience some erosive channeling, loss of fines, and 
possible contamination from materials washed down from the side 
slopes. These effects could be mitigated to some extent by 
protecting the surface with other materials, but significant 
rainfall events can result in flooding or failure of the surface 
water control features. Upon restart of backfill activities, it is 
expected that the fill to some depth (2-3 feet) would need to be 
removed and the surface reworked as deemed necessary, and new 
material brought in for compaction. Locally, repairs could be deeper 
than the top several feet.
    2. Loss of available qualified fill--Any material removed as 
described above would likely be spoiled due to the hydraulic effects 
of erosion and sedimentation on the material's gradation, and 
possibly due to contamination from material from the side slopes. 
Also, any stockpiles of material will experience some loss of 
material during prolonged construction delays. For Vogtle, this adds 
to the Category 1 & 2 backfill shortage discussed during the NRC 
public meeting on April 6.
    3. Backfill Efficiency--Backfill is a time-sensitive activity 
that is most efficiently accomplished without interruption. This is 
partly due to the impacts of delays discussed above, but also due to 
the lost opportunity to complete activities during periods of 
favorable weather. A single severe rain event can cause considerable 
delay and rework, and a series of well-timed storms can bring 
backfill activities to a standstill for weeks. Prolonged delays 
increase the exposure time for weather-caused delays and repairs.
    It should be noted that such a delay was experienced during 
construction of Vogtle Units 1 and 2. A heavy storm in November 1979 
resulted in some erosion of Seismic Category 1 backfill around and 
to a minor extent beneath the edges of the Seismic Category 1 
buildings under construction at the time of the significant rain 
event. This resulted in the Nuclear Regulatory Commission stopping 
certain backfill work for about six months and for a short period 
stopping all construction work in the power block area while the 
impacts on the backfill were evaluated.
    4. Environmental impacts--Delays in backfill activities will 
result in some of the permitted disturbed areas around the site 
remaining open longer than necessary. SNC has permitted the 
construction site as a series of separately permitted disturbed 
areas with the intention of restoring and closing areas upon 
completion of the associated work. An extended delay in backfill 
will result in some areas remaining open longer than necessary. 
While the stormwater control features are designed to protect the 
environment, it is prudent to minimize the time these features are 
relied upon to control stormwater and the effects of erosion on the 
site and siltation on the local streams and the Savannah River.

    Based on the above information the staff intends to process the 
amendment following the exigent notice provisions of 10 CFR 
50.91(a)(6). 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.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must also determine that the 
amendment request involves no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that 
continuation of construction activities at VEGP Units 3 and 4 site 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 proposed SSAR change does not significantly increase the 
probability or consequences of an accident previously evaluated in 
the SSAR. An evaluation was performed to show that the proposed 
addition of borrow areas to the SSAR does not affect seismic 
analysis or hydrologic analysis. Category 1 and 2 backfill from 
areas

[[Page 24995]]

on the VEGP site not specifically identified in the SSAR is from the 
same geological formations, and possesses the same properties as 
backfill obtained from the three areas originally identified in the 
SSAR. Additionally, the backfill material meets the requirements of 
SSAR Section 2.5.4.5.3 and will be excavated and placed following 
the requirements of SSAR Section 2.5.4.5.5. Based on the above, the 
use of qualified Category 1 and 2 backfill material from areas of 
the VEGP site not specifically identified in the SSAR does not 
affect the Vogtle site-specific seismic analyses including the site 
response for the Ground Motion Response Spectra (GMRS) and the 
Vogtle site-specific SASSI seismic analyses of the Nuclear Island 
(NI). Because the backfill material from the additional onsite 
borrow areas is from the same geological deposit assumed in the 
analysis and meets the requirements of SSAR Section 2.5.4.5.3 and 
will be extracted and placed using the requirements of SSAR Section 
2.5.4.5.5, the hydrological analysis will be unaffected. As such, 
the use of Category 1 and 2 backfill material from the VEGP site not 
specifically identified in the SSAR does not affect the accidental 
radiation release to groundwater evaluated in the SSAR. Therefore, 
the proposed SSAR change does not significantly increase 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 proposed SSAR change does not create the possibility of a 
new or different kind of accident than any accident already 
evaluated in the SSAR. Category 1 and 2 backfill from areas on the 
VEGP site not specifically identified in the SSAR is from the same 
geological formations, and possesses the same properties as backfill 
obtained from the three areas originally identified in the SSAR, 
meets the requirements of SSAR Section 2.5.4.5.3 and will be 
excavated and placed following the requirements of SSAR Section 
2.5.4.5.5. As the backfill material from additional onsite borrow 
locations will meet all of the criteria contained in the ESP, no new 
accident scenarios, failure mechanisms or limiting single failures 
are introduced as a result of the proposed changes. The changes have 
no adverse effects on any safety-related system and do not challenge 
the performance or integrity of any safety-related system. 
Therefore, all accident analyses criteria continue to be met and 
these changes do not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed SSAR change does not involve a reduction in a 
margin of safety. Category 1 and 2 backfill from areas on the VEGP 
site not specifically identified in the SSAR is from the same 
geological formation, possesses the same properties as backfill 
obtained from the three areas originally identified in the SSAR, 
meets the requirements of SSAR Section 2.5.4.5.3 and will be 
excavated and placed following the requirements of SSAR Section 
2.5.4.5.5. All evaluations for the use of Category 1 and 2 materials 
from the VEGP site show that there is no effect on the SSAR's 
reported foundation bearing capacities, calculated settlements, 
GMRS, or Foundation Input Response Spectra (FIRS). The evaluations 
and analyses results demonstrate applicable acceptance criteria are 
met. Therefore, the proposed changes do not involve a reduction in a 
margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 14 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Before issuing the amendment, regardless of whether 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 one is requested. 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.

II. Opportunity To Request a Hearing

    Requirements for hearing requests and petitions for leave to 
intervene are found in 10 CFR 2.309, ``Hearing requests, Petitions to 
Intervene, Requirements for Standing, and Contentions.'' Interested 
persons should consult 10 CFR part 2, section 2.309, which is available 
at the NRC's Public Document Room (PDR), located at O1 F21, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR 
at (800) 397-4209 or (301) 415-4737). NRC regulations are also 
accessible electronically from the NRC's Electronic Reading Room on the 
NRC Web site at http://www.nrc.gov.

III. Petitions for Leave To Intervene

    Within 60 days of this notice, any person whose interest may be 
affected by this amendment and who wishes to participate as a party in 
the proceeding must file a written petition for leave to intervene. As 
required by 10 CFR 2.309, a petition for leave to intervene shall set 
forth with particularity the interest of the petitioner in the 
proceeding and how that interest may be affected by the results of the 
proceeding. The petition must provide the name, address, and telephone 
number of the petitioner and specifically explain the reasons why 
intervention should be permitted with particular reference to the 
following factors: (1) The nature of the petitioner's right under the 
Act to be made a party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order that may be 
entered in the proceeding on the petitioner's interest.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the petitioner must provide a specific 
statement of the issue of law or fact to be raised or controverted, as 
well as a brief explanation of the basis for the contention. 
Additionally, the petitioner must demonstrate that the issue raised by 
each contention is within the scope of the proceeding and is material 
to the findings the NRC must make to support the granting of a license 
amendment in response to the application. The petition must also 
include a concise statement of the alleged facts or expert opinions 
which support the position of the petitioner and on which the 
petitioner intends to rely at hearing, together with references to the 
specific sources and documents on which the petitioner intends to rely. 
Finally, the petition must provide sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact, including references to specific portions of the application 
for amendment that the petitioner disputes and the supporting reasons 
for each dispute, or, if the petitioner believes that the application 
for amendment fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the petitioner's belief.
    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. The Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.

[[Page 24996]]

    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 be 
submitted to the Commission by July 6, 2010. The petition must be filed 
in accordance with the filing instructions in section IV of this 
document, and should meet the requirements for petitions for leave to 
intervene set forth in this section, except that State and Federally-
recognized Indian tribes do not need to address the standing 
requirements in 10 CFR 2.309(d)(1) if the facility is located within 
its boundaries. The entities listed above could also seek to 
participate in a hearing as a nonparty pursuant to 10 CFR 2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Licensing Board.

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 E-Filing 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 
<a href="/cdn-cgi/l/email-protection#e58d8084978c8b82cb818a868e8091a58b9786cb828a93"><span class="__cf_email__" data-cfemail="b6ded3d7c4dfd8d198d2d9d5ddd3c2f6d8c4d598d1d9c0">[email protected]</span></a>, 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 NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in 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/e-submittals.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/e-submittals.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 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 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/e-submittals.html, by e-mail at 
<a href="/cdn-cgi/l/email-protection#3b7668737f15695e48544e49585e7b554958155c544d"><span class="__cf_email__" data-cfemail="e9a4baa1adc7bb8c9a869c9b8a8ca9879b8ac78e869f">[email protected]</span></a>, or by a toll-free 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 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. 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

[[Page 24997]]

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 May 6, 2010. 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).

    Dated at Rockville, Maryland this 30th day of April 2010.

    For the Nuclear Regulatory Commission.
Chandu Patel,
Project Manager, AP 1000 Projects Branch 1, Division of New Reactor 
Licensing, Office of New Reactors.
[FR Doc. 2010-10676 Filed 5-5-10; 8:45 am]
BILLING CODE 7590-01-P


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