Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52781 

documents associated with the final 

SEIS are also available for inspection at 

the Commission’s PDR, NRC’s 

Headquarters Building, 11555 Rockville 

Pike (first floor), Rockville, Maryland. 

For those without access to the Internet, 

paper copies of any electronic 

documents may be obtained for a fee by 

contacting the NRC’s PDR at 1 (800) 

397–4209. The final SEIS and related 

documents may also be found at the 

following public library: Campbell 

County Public Library, 2101 South 4J 

Road, Gillette, Wyoming 82718, 307– 

687–0009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Behram Shroff, Project Manager, 

Environmental Review Branch–B, 

Division of Waste Management and 

Environmental Protection (DWMEP), 

Office of Federal and State Materials 

and Environmental Management 

Programs, Mail Stop T–8F5, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Telephone: 1 (800) 368–5642, extension 

0666; E-mail: Behram.Shroff@nrc.gov. 

For general or technical information 

associated with the safety and licensing 

of uranium milling facilities, please 

contact Stephen Cohen, Team Lead, 

Uranium Recovery Licensing Branch, 

DWMEP, Mail Stop T–8F5, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. Telephone: 1 (800) 

368–5642, extension 7182; E-mail: 

Stephen.Cohen@nrc.gov. 

Dated at Rockville, Maryland, this 18th day 

of August 2010. 

For the Nuclear Regulatory Commission. 

David Skeen, 

Acting Deputy Director, Environmental 

Protection and Performance Assessment 

Directorate, Division of Waste Management 

and Environmental Protection Office of 

Federal and State Materials and 

Environmental Management Programs. 

[FR Doc. 2010–21126 Filed 8–26–10; 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–2010–0283] 

Virginia Electric and Power Company, 

North Anna Power Station, Unit Nos. 1 

and 2, Surry Power Station, Unit Nos. 

1 and 2; 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 

27, 2010. A request for a hearing must 

be filed by October 26, 2010. Any 

potential party as defined in 10 CFR 2.4 

who believes access to Sensitive 

Unclassified Non-Safeguards 

Information is necessary to respond to 

this notice must request document 

access by September 7, 2010. 

ADDRESSES: Please include Docket ID 

NRC–2010–0283 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 

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–2010–0283. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Chief, Rules, 

Announcements and Directives Branch 

(RADB), Office of Administration, Mail 

Stop: TWB–05–B01M, U.S. Nuclear 

Regulatory Commission, Washington, 

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 

20852. These documents may also be 

viewed electronically on the public 

computers located at the NRC’s PDR at 

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 

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 

pdr.resource@nrc.gov. The applications 

for amendments, dated May 6 and 

February 10, 2010, are available 

electronically under ADAMS Accession 

No. ML101260517 and ML100470738. 

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–2010–0283. 

FOR FURTHER INFORMATION CONTACT: 

Karen Cotton, Project Manager, Plant 

Licensing Branch 2–1, Division of 

Operating Reactor Licensing, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

301–415–1438; fax number: 301–415– 

1222; e-mail: Karen.Cotton@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Facility Operating License Nos. NPF– 

4, NPF–7, DPR–32, and DPR–37 issued 

to Virginia Electric and Power Company 

(the licensee) for operation of the North 

Anna Power Station, Unit Nos. 1 and 2 

(NAPS), located in Louisa County, 

Virginia, and Surry Power Station, Unit 

Nos. 1 and 2 (Surry), located in Surry 

County, Virginia, respectively. The 

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52782 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

bracketed information is specific to 

NAPS. 

The proposed amendments would 

add Optimized ZIRLO as an acceptable 

fuel rod cladding material and in 

addition, propose adding the 

Westinghouse topical report for 

Optimized ZIRLO to the analytical 

methods used to determine the core 

operating limits listed in the Technical 

Specifications (TSs). 

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 Title 10 

of the Code of Federal Regulations (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 change involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The proposed Technical Specifications 

changes are to add Optimized ZIRLO to the 

allowable or approved cladding materials to 

be used at [NAPS and] Surry Units 1 and 2 

{Surry}. The proposed change of adding a 

cladding material does not result in an 

increase to the probability or consequences of 

an accident previously evaluated. Technical 

Specification [4.2.1 for NAPS and] 5.2.1 {for 

Surry} addresses the fuel assembly design, 

and currently specifies that ‘‘Each assembly 

shall consist of a matrix of Zircaloy or ZIRLO 

fuel rods * * *’’. The proposed change will 

add Optimized ZIRLO to the approved fuel 

rod cladding materials listed in this 

Technical Specification. In addition, a 

reference to the topical report for Optimized 

ZIRLO, WCAP–12610–P–A and CENPD–404– 

P–A, Addendum 1–A, will be included in the 

listing of approved methods used to 

determine the core operating limits for 

[NAPS given in TS 5.6.5 and] Surry Units 1 

and 2 given in Technical Specification 6.2.C. 

Westinghouse topical report WCAP– 

12610–P–A and CENPD–404–P–A, 

Addendum 1–A, ‘‘Optimized ZIRLO,’’ 

provides the details and results of material 

testing of Optimized ZIRLO compared to 

standard ZIRLO, as well as the material 

properties to be used in various models and 

methodologies when analyzing Optimized 

ZIRLO. As the nuclear industry pursues 

longer operating cycles with increased fuel 

discharge burnup and fuel duty, the 

corrosion performance requirements for the 

nuclear fuel cladding become more 

demanding. Optimized ZIRLO was 

developed to meet these industry needs by 

providing a reduced corrosion rate while 

maintaining the composition and physical 

properties, such as mechanical strength, 

similar to standard ZIRLO. In addition, 

margin to the fuel rod design criterion on fuel 

rod internal pressure has been impacted by 

increased fuel duty, use of integral fuel 

burnable absorbers, and corrosion/ 

temperature feedback effects. Reducing the 

associated corrosion buildup reduces 

temperature feedback effects, providing 

additional margin to the fuel rod internal 

pressure design criterion. The fuel will 

continue to satisfy the pertinent design basis 

operating limits, so cladding integrity is 

maintained. There are no changes that will 

adversely affect the ability of existing 

components and systems to mitigate the 

consequences of any accident. Addition of 

Optimized ZIRLO to the allowable cladding 

materials for [NAPS and] Surry Units 1 and 

2 therefore does not result in an increase to 

the probability or consequences of an 

accident previously evaluated. 

The NRC has allowed use of Optimized 

ZIRLO fuel cladding material in 

Westinghouse fueled reactors provided that 

licensees ensure compliance with the 

Conditions and Limitations set forth in the 

NRC Safety Evaluation for the topical report. 

Confirmation that these Conditions are 

satisfied is performed under 10 CFR 50.59 as 

part of the normal core reload process. 

2. Does the proposed change create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

The proposed Technical Specifications 

change adds Optimized ZIRLO to the 

approved fuel rod cladding materials that 

may be used at [NAPS and] Surry Units 1 and 

2. Optimized ZIRLO was developed to 

provide a reduced cladding corrosion rate 

while maintaining the benefits of mechanical 

strength and resistance to accelerated 

corrosion from potential abnormal chemistry 

conditions. The fuel rod design bases are 

established to satisfy the general and specific 

safety criteria addressed in the [NAPS 

UFSAR, Chapter 15 (Accident Analysis) and] 

Surry Units 1 and 2 UFSAR, Chapter 14 

(Safety Analysis). The fuel rods are designed 

to prevent excessive fuel temperatures, 

excessive fuel rod internal gas pressures due 

to fission gas releases, and excessive cladding 

stresses and strains. Westinghouse topical 

report WCAP–12610–P–A and CENPD–404– 

P–A, Addendum 1–A, ‘‘Optimized ZIRLO,’’ 

provides the details and results of material 

testing of Optimized ZIRLO compared to 

standard ZIRLO, as well as the material 

properties to be used in various models and 

methodologies when analyzing Optimized 

ZIRLO. The original fuel design basis 

requirements have been maintained. No new 

single failure mechanisms will be created, 

and there are no alterations to plant 

equipment or procedures that would 

introduce any new or unique operational 

modes or accident precursors. 

Addition of Optimized ZIRLO as another 

approved cladding material of similar 

composition and properties as the current 

approved cladding materials to the [NAPS 

and] Surry Units 1 and 2 Technical 

Specifications therefore does not create the 

possibility of a new or different kind of 

accident or malfunction from those 

previously evaluated within the UFSAR. 

3. Does the proposed change involve a 

significant reduction in a margin of safety? 

Response: No. 

The cladding materials used for fuel rods 

are designed and tested to prevent excessive 

fuel temperatures, excessive fuel rod internal 

gas pressures due to fission gas releases, and 

excessive cladding stresses and strains. 

Optimized ZIRLO was developed to meet 

these needs while providing a reduced 

cladding corrosion rate and maintaining the 

benefits of mechanical strength and 

resistance to accelerated corrosion from 

potential abnormal chemistry conditions. 

Reducing the associated corrosion buildup 

reduces temperature feedback effects, 

providing additional margin to the fuel rod 

internal pressure design criterion. 

Westinghouse topical report WCAP–12610– 

P–A and CENPD–404–P–A, Addendum 1–A, 

‘‘Optimized ZIRLO,’’ provides the details and 

results of material testing of Optimized 

ZIRLO compared to standard ZIRLO, as well 

as the material properties to be used in 

various models and methodologies when 

analyzing Optimized ZIRLO. The NRC has 

allowed use of the Optimized ZIRLO fuel 

cladding material as detailed in their Safety 

Evaluation of this topical report. The original 

fuel design basis requirements have been 

maintained, and evaluations will be 

performed under 10 CFR 50.59 for each 

reload cycle that incorporates Optimized 

ZIRLO cladding to confirm that design and 

safety limits are satisfied. Therefore inclusion 

of Optimized ZIRLO as an additional fuel rod 

cladding material for [NAPS and] Surry Units 

1 and 2 does not result in a reduction in 

margin required to preclude or reduce the 

effects of an accident or malfunction 

previously evaluated in the UFSAR. 

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 27, 2010 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 

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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52783 

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 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 

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 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 26, 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. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by October 

26, 2010. 

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 

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52784 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

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 

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 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 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 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 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 

August 27, 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). 

Attorney for licensee: Lillian M. 

Cuoco, Esq., Senior Counsel, Dominion 

Resources Services, Inc., 120 Tredegar 

St., RS–2, Richmond, VA 23219. 

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). 

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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52785 

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. 

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 requester 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); and 

(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 requester 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 requester 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. 

It Is So Ordered. 

Dated at Rockville, Maryland, this 23rd day 

of August 2010. 

For the 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. 

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52786 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

Day Event/activity 

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. 2010–21345 Filed 8–26–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–482; NRC–2010–0286] 

Wolf Creek Nuclear Operating 

Corporation; Notice of Withdrawal of 

Application for Amendment to 

Renewed Facility Operating License 

The U.S. Nuclear Regulatory 

Commission (NRC, the Commission) has 

granted the request of Wolf Creek 

Nuclear Operating Corporation (the 

licensee) to withdraw its application 

dated November 20, 2009, as 

supplemented by letter dated April 6, 

2010, for a proposed amendment to 

Renewed Facility Operating License No. 

NPF–42 for the Wolf Creek Generating 

Station, located in Coffey County, 

Kansas. 

The proposed amendment would 

have revised the facility technical 

specifications (TSs) pertaining to TS 

3.8.1, ‘‘AC [Alternating Current] 

Sources—Operating,’’ by adding a note 

to the Required Actions B.3.1 and B.3.2 

to indicate that the TS 3.8.1 Required 

Actions B.3.1 and B.3.2 are satisfied if 

the diesel generator (DG) became 

inoperable due to an inoperable support 

system, an independently testable 

component, or preplanned preventive 

maintenance or testing. The licensee 

also proposed to revise the Completion 

Times for Required Actions B.3.1 and 

B.3.2 to specify a Completion Time 

based on the discovery of an issue or 

failure of the DG. 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on January 26, 

2010 (75 FR 4121). However, by letter 

dated August 10, 2010, the licensee 

withdrew the proposed change. 

For further details with respect to this 

action, see the application for 

amendment dated November 20, 2009 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML093310430), as 

supplemented by letter dated April 6, 

2010 (ADAMS Accession No. 

ML101031093), and the licensee’s letter 

dated August 10, 2010 (ADAMS 

Accession No. ML102300387), which 

withdrew the application for license 

amendment. 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 

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

Dated at Rockville, Maryland this 20th day 

of August 2010. 

For the Nuclear Regulatory Commission. 

Balwant K. Singal, 

Senior Project Manager, Plant Licensing 

Branch IV, Division of perating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–21344 Filed 8–26–10; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2010–35, R2010–5, R2010– 

6; Order No. 518] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add Inbound Market Dominant MultiService Agreements with Foreign Postal 

Operators 1 to the market dominant 

product list. This notice addresses 

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