32516 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued 

Day Event/Activity 

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. 2010–13617 Filed 6–7–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–338 and 50–339; Docket 

Nos. 50–280 and 50–281; NRC–2010–0116] 

Virginia Electric and Power Company; 

North Anna Power Station, Unit Nos. 1 

and 2; Surry Power Station, Unit Nos.1 

and 2; Exemption 

1.0 Background 

Virginia Electric and Power Company 

(the licensee) is the holder of Facility 

Operating License Nos. NPF–4, NPF–7, 

DPR–32, and DPR–37, which authorize 

operation of the North Anna Power 

Station, Unit Nos. 1 and 2 (NAPS) and 

Surry Power Station, Unit Nos. 1 and 2 

(SPS) located in Lake Anna, Virginia, 

and Surry, Virginia, respectively. The 

license provides, among other things, 

that the facility is subject to all rules, 

regulations, and orders of the Nuclear 

Regulatory Commission (NRC, the 

Commission) now or hereafter in effect. 

The facilities consist of two 

pressurized-water reactors each located 

in Lake Anna, Virginia, and Surry, 

Virginia, respectively. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR), Part 20, 

‘‘Standards for Protection Against 

Radiation’’ Subpart H, ‘‘Respiratory 

Protection and Controls to Restrict 

Internal Exposure in Restricted Areas,’’ 

establishes the requirements for 

implementing a respiratory protection 

program. These programmatic 

requirements ensure that worker doses 

from airborne radioactive materials are 

maintained as low as reasonably 

achievable. 

In summary, by letter dated November 

24, 2009, as supplemented by letter 

dated February 11, 2010, the licensee 

requested an exemption from 10 CFR 

20.1703(a), 10 CFR 20.1703(g)(1), and 

certain requirements of 10 CFR part 20, 

Appendix A, Footnote ‘‘a,’’ to use the 

Mine Safety Appliances, Inc. (MSA), 

model Firehawk 7 Air Mask selfcontained breathing apparatus (SCBA) 

with a gas mixture of 35% oxygen and 

65% nitrogen at SPS and NAPS. The 

licensee’s letter dated November 24, 

2009, contains proprietary information 

and accordingly is not available to the 

public. In addition, the licensee 

requested NRC authorization under 10 

CFR 20.1703(b) to use these SCBAs in 

a configuration not certified by the 

National Institute for Occupational 

Safety and Health (NIOSH). The 

regulations in 10 CFR 20.1703(b) allow 

a licensee to seek authorization to use 

respiratory equipment that has not been 

tested and certified by NIOSH. When 

seeking authorization to use equipment 

not certified by NIOSH, the licensee is 

required to demonstrate by testing that 

a respirator is capable of safely 

providing the necessary level of 

protection under the anticipated 

conditions of use. An exemption from 

20.1703(a) and an exemption from the 

protection factors listed in 10 CFR part 

20, appendix A is not necessary when 

the NRC grants authorization under 

20.1703(b) for use of the respiratory 

equipment. 

3.0 Discussion 

Pursuant to 10 CFR 20.2301, the 

Commission may, upon application by a 

licensee or upon its own initiative, grant 

an exemption from the requirements of 

10 CFR part 20, as it deems appropriate 

or necessary to protect health or to 

minimize danger to life or property. 

Authorized by Law 

This exemption would allow the use 

of MSA model Firehawk M7 Air Mask 

SCBA with a gas mixture of 35% oxygen 

and 65% nitrogen. Section 20.1703(b) 

permits a licensee to request NRC 

approval to use equipment which has 

not been tested or certified by NIOSH. 

The application must supply evidence 

that equipment is capable of providing 

the proposed degree of protection under 

the anticipated conditions of use. 

Dominion has demonstrated, by 

documented third-party testing 

conducted by the National Aeronautics 

and Space Administration and Interek, 

that the equipment will continue to 

provide the proposed degree of 

protection under the anticipated 

conditions of use. Dominion also has 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32517 

over 30 years of trouble-free operating 

experience with 35/65 charged SGBA 

(MSA Model 401/Ultraiite/Custom 4500 

model line). 

As stated above, 10 CFR 20.2301, 

allows the NRC to grant exemptions 

from the requirements of 10 CFR part 

20. The NRC staff has determined that 

granting of the licensee’s proposed 

exemption will not result in a violation 

of the Atomic Energy Act of 1954, as 

amended, or the Commission’s 

regulations. Therefore, the exemption is 

authorized by law. 

No Undue Hazard to Life or Property 

The underlying purposes of 10 CFR 

20.1703(g)(1) is to ensure that 

‘‘Atmosphere-supplying respirators 

must be supplied with respirable air of 

Grade D quality or better as defined by 

the Compressed Gas Association’’ and 

that Grade D air criteria include oxygen 

content (v/v) of 19.5–23.5%. Section 

20.1703(b) permits a licensee to request 

NRC approval to use equipment which 

has not been tested or certified by 

NIOSH. The application must supply 

evidence that the equipment is capable 

of providing the proposed degree of 

protection under the anticipated 

conditions of use. The licensee has 

demonstrated by documented thirdparty testing conducted by NASA and 

Intertek that the equipment will provide 

the proposed degree of protection under 

the anticipated conditions of use. 

Based on the above, no new accident 

precursors are created by the use of 

MSA model Firehawk 7 Air Mask SCBA 

with a gas mixture of 35% oxygen and 

65% nitrogen at SPS and NAPS, thus, 

the probability of postulated accidents 

is not increased. Also, based on the 

above, the consequences of postulated 

accidents are not increased. Therefore, 

there is no undue hazard to life or 

property. 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

20.2301, the exemption is authorized by 

law and there is no undue hazard to life 

or property. Therefore, the Commission 

hereby grants Virginia Electric and 

Power Company an exemption from the 

10 CFR 20.1703(g)(1), and certain 

requirements of 10 CFR part 20, 

appendix A, Footnote ‘‘a’’, to use the 

MSA model Firehawk 7 Air Mask SCBA 

with a gas mixture of 35% oxygen and 

65% nitrogen at SPS and NAPS. 

Pursuant to 10 CFR 51.32, the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (Environmental 

Assessment published in the Federal 

Register on March 22, 2010, 75 

FR13600). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 28th day 

of May 2010. 

For the Nuclear Regulatory Commission. 

Robert A. Nelson, 

Director Deputy, Division of Operating 

Reactor Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–13676 Filed 6–7–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0002] 

Sunshine Act; Notice of Meeting 

DATE: Weeks of June 7, 14, 21, 28, July 

5, 12, 2010. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and closed. 

Week of June 7, 2010 

Wednesday, June 9, 2010 

1:25 p.m. 

Affirmation Session (Public Meeting) 

(Tentative). 

a. Review of Final Rule Package, 

Export and Import of Nuclear 

Equipment and Material; Updates 

and Clarifications (10 CFR part 110, 

RIN 3150–AI16) (Tentative). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

1:30 p.m. 

Meeting with the Advisory Committee 

on Reactor Safeguards (Public 

Meeting). (Contact: Cayetano 

Santos, 301–415–7270). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Week of June 14, 2010—Tentative 

Thursday, June 17, 2010 

9 a.m. 

Briefing on Blending (Public 

Meeting). (Contact: George Deegan, 

301–415–7834). 

This meeting will be Webcast live at 

the Web address— http://www.nrc.gov. 

Week of June 21, 2010—Tentative 

Friday, June 25, 2010 

9 a.m. 

Briefing on Office of Nuclear Material 

Safety and Safeguards (NMSS)— 

Programs, Performance and Future 

Plans and Integrated Strategy on 

Spent Fuel Management (Public 

Meeting). (Contact: Hipolito 

Gonzalez, 301–492–3141). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Week of June 28, 2010—Tentative 

There are no meetings scheduled for 

the week of June 28, 2010. 

Week of July 5, 2010 

There are no meetings scheduled for 

the week of July 5, 2010. 

Week of July 12, 2010 

There are no meetings scheduled for 

the week of July 12, 2010. 

* The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Rochelle Bavol, (301) 415–1651. 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify Angela 

Bolduc, Chief, Employee/Labor 

Relations and Work Life Branch, at 301– 

492–2230, TDD: 301–415–2100, or by email at angela.bolduc@nrc.gov. 

Determinations on requests for 

reasonable accommodation will be 

made on a case-by-case basis. 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: June 3, 2010. 

Rochelle C. Bavol, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2010–13876 Filed 6–4–10; 4:15 pm] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Proposed Submission of Information 

Collections for OMB Review; Comment 

Request; Payment of Premiums; 

Termination Premium 

AGENCY: Pension Benefit Guaranty 

Corporation. 


emcdonald on DSK2BSOYB1PROD with NOTICES