54920 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 

1Although the Board has determined that 

Contention EC–2 otherwise meets the admissibility 

criteria of 10 CFR 2.309(f)(1), no evidentiary hearing 

will be held on this contention unless the 

Commission rules that SLOMFP’s request for 

waiver of certain key regulations is warranted under 

10 CFR 2.335. That waiver request is now pending 

before the Commission. 

2Pursuant to 10 CFR 2.323(f)(1) the Board 

referred Contention EC–4 to the Commission. 

DATES: The comment period closes on 

November 5, 2010. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2010– 

0288 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. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0288. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements and 

Directives Branch (RAD), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RAD 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 

pdr.resource@nrc.gov. DG–1247 is 

available electronically under ADAMS 

Accession Number ML100480890. In 

addition, electronic copies of DG–1247 

are available through the NRC’s public 

Web site under Draft Regulatory Guides 

in the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

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

doc-collections/. The regulatory analysis 

may be found in ADAMS under 

Accession No. ML102310249. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 1st day 

of September 2010. 

For the Nuclear Regulatory Commission. 

Harriet Karagiannis, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. 2010–22490 Filed 9–8–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–275–LR and 50–323–LR; 

ASLBP No. 10–890–01–LR–BD01] 

In the Matter of Pacific Gas & Electric 

Company (Diablo Canyon Nuclear 

Power Plant, Units 1 and 2); Notice of 

Hearing (Application for License 

Renewal) 

September 1, 2010. 

Atomic Safety and Licensing Board 

Before Administrative Judges: Alex S. 

Karlin, Chairman, Nicholas G. 

Trikouros, Dr. Paul B. Abramson. 

This proceeding concerns the 

November 23, 2009, application of 

Pacific Gas & Electric Company (PG&E) 

to renew Operating License Nos. DPR– 

80 and DPR–82 for the Diablo Canyon 

Nuclear Power Plant, Units 1 and 2, 

near San Luis Obispo, California. PG&E 

seeks to extend these licenses for an 

additional twenty years beyond the 

current expiration dates of November 2, 

2024 and August 26, 2025. 

On January 21, 2010, the Nuclear 

Regulatory Commission (NRC) 

published a notice of opportunity to 

request a hearing concerning the PG&E 

license renewal application. 75 FR 3493 

(Jan. 21, 2010). On March 22, 2010, the 

San Luis Obispo Mothers for Peace 

(SLOMFP), a local public interest group, 

filed a request for hearing and asserted 

five contentions challenging various 

aspects of PG&E’s application. On April 

8, 2010, this Atomic Safety and 

Licensing Board was established to 

conduct this adjudication. See 75 FR 

20,010 (Apr. 16, 2010). On May 26, 

2010, the Board heard oral argument 

from SLOMFP, PG&E, and the NRC Staff 

in San Luis Obispo, California, relating 

to the admissibility of the proposed 

contentions. On August 4, 2010, the 

Board issued a memorandum and order 

granting SLOMFP’s request for a hearing 

and admitting four of its contentions. 

LBP–10–15, 72 NRC l (slip op.) (Aug. 

4, 2010). 

Pursuant to 10 CFR 2.105(e)(2), please 

take notice that the Atomic Safety and 

Licensing Board will conduct an 

evidentiary hearing on SLOMFP’s 

challenge to PG&E’s application to 

renew its licenses. The matters of fact 

and law to be considered at the hearing 

are the contentions that have been duly 

admitted. As of this time, the four 

admitted contentions are as follows: 

Contention EC–1: PG&E’s Severe Accident 

Mitigation Alternatives (‘‘SAMA’’) analysis 

fails to satisfy 40 CFR 1502.22 because it fails 

to consider information regarding the 

Shoreline fault that is necessary for an 

understanding of seismic risks to the Diablo 

Canyon nuclear power plant. Further, that 

omission is not justified by PG&E because it 

has failed to demonstrate that the 

information is too costly to obtain. As a result 

of the foregoing failures, PG&E’s SAMA 

analysis does not satisfy the requirements of 

the National Environmental Policy Act 

(‘‘NEPA’’) for consideration of alternatives or 

NRC implementing regulation 10 CFR 

51.53(c)(3)(ii)(L). 

Contention EC–2: PG&E’s Environmental 

Report is inadequate to satisfy NEPA because 

it does not address the airborne 

environmental impacts of a spent fuel pool 

accident caused by an earthquake adversely 

affecting DCNPP.1

Contention EC–4: The Environmental 

Report fails to satisfy the National 

Environmental Policy Act (NEPA) because it 

does not discuss the cost-effectiveness of 

measures to mitigate the environmental 

impacts of an attack on the Diablo Canyon 

reactor during the license renewal term.2

Contention TC–1: The applicant, Pacific 

Gas & Electric Company (PG&E), has failed to 

satisfy 10 CFR 54.29’s requirement to 

demonstrate a reasonable assurance that it 

can and will ‘‘manage the effects of aging’’ in 

accordance with the current licensing basis. 

PG&E has failed to show how it will address 

and rectify an ongoing adverse trend with 

respect to recognition, understanding, and 

management of the Diablo Canyon Nuclear 

Power Plant’s design/licensing basis which 

undermines PG&E’s ability to demonstrate 

that it will adequately manage aging in 

accordance with this same licensing basis as 

required by 10 CFR 54.29. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices 54921 

3Any such request may be directed to the 

Secretary of the Commission by electronic mail at 

hearing.docket@nrc.gov or by telephone at 301– 

415–1677. 

The authority under which the 

evidentiary hearing will be held is the 

Atomic Energy Act, 42 U.S.C. 2231, 

2239, and 2241. Unless otherwise 

indicated, the evidentiary hearing on 

the four admitted contentions will be 

conducted pursuant to the NRC hearing 

procedures set forth in 10 CFR Part 2, 

Subpart L, 10 CFR 2.1200–2.1213. 

During the course of this adjudicatory 

proceeding, the Board may also hear 

oral arguments as provided in 10 CFR 

2.331 and may hold various prehearing 

conferences pursuant to 10 CFR 2.329. 

These may be held via teleconference, 

video-conference, and/or in person. 

Except where certain legally privileged 

documents or testimony are being 

heard, all of the proceedings will be 

open to the public. See 10 CFR 2.328. 

Prior to the evidentiary hearing and to 

each oral argument or prehearing 

conference, the Board will issue an 

order, notice, and/or memorandum that 

specifies the date, time and place of 

such event. A copy of any such order, 

notice and/or memorandum will be 

made available to the public on the 

Diablo Canyon ‘‘Board Orders’’ section 

of the NRC Electronic Hearing Docket 

found at http://ehd1.nrc.gov/EHD/. The 

public should be aware that new 

documents are regularly added to this 

Web site as the parties file pleadings 

and the Board issues orders or notices. 

Therefore this Web site should be 

monitored regularly by interested 

members of the public. In addition, hard 

copies of Board orders, notices and/or 

memoranda are also available at the 

NRC Public Document Room (PDR), 

located at One White Flint North, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Finally, the public is advised 

that the Secretary of the Commission 

will give notice of a hearing (and of 

other events in the proceeding) to any 

member of the public who requests 

it.3See 10 CFR 2.315(b). 

As provided in 10 CFR 2.315(a), any 

person who is not a party to the 

proceeding may, in the discretion of this 

Board, be permitted to submit a written 

limited appearance statement. Such 

statements should focus on the admitted 

contentions. Limited appearance 

statements do not constitute legal 

evidence, but they are placed in the 

docket for the hearing. The limited 

appearance statement is an opportunity 

for a member of the public to inform the 

Board and/or the parties of his or her 

concerns, issues, and questions and 

suggestions relating to the matters at 

issue in the adjudicatory proceeding, 

i.e., relating to the admitted contentions. 

A written limited appearance 

statement should be sent to the Office of 

the Secretary using one of the following 

methods: (1) Mail to the Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemakings and 

Adjudications Staff, with a copy to Alex 

S. Karlin, the Chairman of this 

Licensing Board at Mail Stop T–3F23, 

Atomic Safety and Licensing Board 

Panel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; (2) e-mail to the Office of the 

Secretary at hearing.docket@nrc.gov, 

with a copy to the Board Chairman 

c/o Ashley Prange at 

ashley.prange@nrc.gov; or (3) fax to the 

Office of the Secretary at 301–415–1101 

(facsimile verification number: 301– 

415–1966), with a copy to the Board 

Chairman at 301–415–5599 (facsimile 

verification number: 301–415–7550). 

The Board may, at a later time, 

schedule a meeting where members of 

the public may provide oral limited 

appearance statements. If any such 

session is scheduled, the Board will 

issue a prior order or notice, which will 

be posted in the Diablo Canyon Board 

Orders section of the Electronic Hearing 

Docket webpage at http://ehd1.nrc.gov/ 

EHD/. 

The time and date of the evidentiary 

hearing herein cannot be set at this time. 

This is because the law specifies that, in 

scheduling the evidentiary hearing, the 

Board must ‘‘take into consideration the 

NRC staff’s projected schedule for 

completion of its safety and 

environmental evaluations to ensure 

that the hearing schedule does not 

adversely impact the staff’s ability to 

complete its reviews in a timely 

manner.’’ 10 CFR 2.332(d). At the 

moment, the NRC Staff estimates that its 

Final Safety Evaluation Report will be 

considered by the NRC Advisory 

Committee on Reactor Safeguards in 

July 2011 and that the Staff will issue 

the Final Supplemental Environmental 

Impact Statement in August 2011. But 

the Staff’s schedule is subject to change. 

The evidentiary hearing herein 

concerning environmental matters is not 

likely to commence until 3 or 4 months 

after August 2011. See 10 CFR 2.332(d). 

Documents relating to this 

adjudicatory proceeding are available 

for public inspection in the NRC’s 

Electronic Hearing Docket at http:// 

ehd1.nrc.gov/EHD/. Those documents, 

and some documents relating to the 

Staff’s review of this license application, 

are also available from the 

Commission’s Public Document Room 

or electronically from the publicly 

available records component of NRC’s 

document system (ADAMS). ADAMS is 

accessible from the NRC Web site at 

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 at PDR.Resource@nrc.gov. 

It is so ordered. 

Dated: September 1, 2010. 

For the Atomic Safety and Licensing 

Board. 

Alex S. Karlin, 

Chairman, Administrative Judge, Rockville, 

Maryland. 

[FR Doc. 2010–22478 Filed 9–8–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0295] 

Withdrawal of Regulatory Guides 1.38, 

1.94, and 1.116 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Withdrawal of three Regulatory 

Guides: Regulatory Guide 1.38, ‘‘Quality 

Assurance Requirements for Packaging, 

Shipping, Receiving, Storage, and 

Handling of Items for a Water-Cooled 

Nuclear Power Plant,’’ dated May 1977; 

Regulatory Guide 1.94, ‘‘Quality 

Assurance Requirements for 

Installation, Inspection, and Testing of 

Structural Concrete, and Structural Steel 

During the Construction Phase of 

Nuclear Power Plants,’’ dated April 

1976; and Regulatory Guide 1.116, 

‘‘Quality Assurance Requirements for 

Installation, Inspection, and Testing of 

Mechanical Equipment and Systems,’’ 

dated May 1977. 

FOR FURTHER INFORMATION CONTACT: 

Mark P. Orr, Regulatory Guide 

Development Branch, Division of 

Engineering, Office of Nuclear 

Regulatory Research, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–251– 

7495 or e-mail Mark.Orr@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing 

Regulatory Guide 1.38, ‘‘Quality 

Assurance Requirements for Packaging, 

Shipping, Receiving, Storage, and 

Handling of Items for Water-Cooled 

Nuclear Power Plants,’’ dated May 1977; 

Regulatory Guide 1.94, ‘‘Quality 

mstockstill on DSKH9S0YB1PROD with NOTICES