Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 60147 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. 2010–24395 Filed 9–28–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–08; NRC–2010–0011] 

Calvert Cliffs Nuclear Power Plant, 

LLC; Independent Spent Fuel Storage 

Installation; Notice of Issuance of 

Amendment to Materials License No. 

SNM–2505 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance of 

Amendment to Materials License No. 

SNM–2505 

DATES: A request for a hearing must be 

filed by November 29, 2010. 

FOR FURTHER INFORMATION CONTACT: John 

Goshen, Project Manager, Licensing 

Branch, Division of Spent Fuel Storage 

and Transportation, Office of Nuclear 

Material Safety and Safeguards, Mail 

Stop EBB–3D–02M, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. Telephone: (301) 492– 

3325; e-mail: john.goshen@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

By application dated June 15, 2009, as 

supplemented February 18, March 31, 

May 6, and September 1, 2010, Calvert 

Cliffs Nuclear Power Plant, LLC 

(CCNPP) submitted an application to 

NRC, in accordance with 10 CFR Part 

72, requesting an amendment to NRC 

Materials License No. SNM–2505. 

CCNPP’s application requested that the 

Independent Spent Fuel Storage 

Installation (ISFSI) Technical 

Specifications (TS) be revised as 

follows: 

1. TS Limiting Condition for 

Operation (LCO) 3.1.1(3), ‘‘Fuel to be 

Stored at ISFSI.’’ Increases the 

maximum assembly average burnup 

limit for fuel stored in the NUHOMS®– 

32P Dry Storage Canisters (DSCs) to 

52,000 MWd/MTU, 

2. TS 2.1, ‘‘Fuel to be Stored at ISFSI.’’ 

Adds a new gamma source for the 

NUHOMS®–32P DSC of 1.61 × 1015

MeV/sec/assembly to allow fuel that 

reaches the TS LCO 3.1.1(5) assembly 

thermal limit with a maximum cooling 

time of seven years to be loaded. Raises 

the NUHOMS®–32P DSC neutron 

source to 4.175 × 108 neutrons/sec/ 

assembly to support storage of the 

higher burnup fuel. 

3. LCO 3.4.1.1, ‘‘Maximum Air 

Temperature Rise.’’ Raises the allowable 

air temperature rise from inlet to outlet 

of the Horizontal Storage Module from 

60 °F to 64 °F. 

In accordance with 10 CFR 72.16, a 

Notice of Docketing was published in 

the Federal Register on January 14, 

2010 (75 FR 2163). Pursuant to 10 CFR 

72.46(b)(2), on September 9, 2010, the 

NRC approved and issued Amendment 

No. 9 to Materials License No. SNM– 

2505, held by CCNPP for the receipt, 

possession, transfer, and storage of 

spent fuel at the Calvert Cliffs ISFSI. 

Amendment No. 9 was effective as of 

the date of issuance. 

Amendment No. 9 complies with the 

standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the NRC’s rules and 

regulations. As required by the Act and 

the NRC’s rules and regulations in 10 

CFR Chapter I, the NRC has made 

appropriate findings, which are set forth 

in Amendment No. 9 Safety Evaluation 

Report (SER). The issuance of 

Amendment No. 9 satisfied the criteria 

specified in 10 CFR 51.22(c)(11) for a 

categorical exclusion. Thus, the 

preparation of an environmental 

assessment or an environmental impact 

statement is not required. 

II. Opportunity To Request a Hearing 

In accordance with 10 CFR 

72.46(b)(2), the staff has determined that 

this license amendment does not 

present a genuine issue as to whether 

public health and safety will be 

significantly affected. Therefore, 

immediate action on the license 

amendment may be taken and a notice 

of the action will be promptly published 

in the Federal Register. This Federal 

Register notice also informs interested 

persons of the right to request a hearing 

on whether the action should be 

rescinded or modified. 

Any person whose interest may be 

affected by this proceeding and who 

desires to have this action rescinded or 

modified must file a request for a 

hearing and, a specification of the 

contentions which the person seeks to 

have litigated in the hearing, in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). All documents 

filed in NRC adjudicatory proceedings, 

including documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c) and any motion 

or other document filed in the 

proceeding prior to the submission of a 

request for hearing or petition to 

intervene, must be filed in accordance 

with the E-Filing rule. The E-Filing rule 

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 

a waiver 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 

petitioner/requestor should contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (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/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

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/applycertificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, they 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 filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE 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 

EIE 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 


erowe on DSK5CLS3C1PROD with NOTICES
60148 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 

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 through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC electronic filing Help Desk, which 

is available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

toll-free help line number is (866) 672– 

7640. A person filing electronically may 

also seek assistance by sending an email to the NRC electronic filing Help 

Desk at MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must, in 

accordance with 10 CFR 2.302(g), file an 

exemption request 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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). 

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, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

social security numbers in their filings. 

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. 

The formal requirements for 

documents contained in 10 CFR 

2.304(a), (c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b), must also be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

November 29, 2010. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, a request for a hearing filed by a 

person other than an applicant must 

state: 

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petition for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the 

application (including the applicant’s 

environmental report and safety report) 

that the requester/petitioner disputes 

and the supporting reasons for each 

dispute, or, if the requester/petitioner 

believes the application fails to contain 

information on a relevant matter as 

required by law, the identification of 

each failure and the supporting reasons 

for the requester’s/petitioner’s belief. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information available at the time the 

petition is to be filed, such as the 

application or other supporting 

document filed by an applicant or 

licensee, or otherwise available to the 

petitioner. The requester/petitioner may 

amend those contentions or file new 

contentions if there are data or 

conclusions in the NRC documents that 

differ significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

after the initial filing only with leave of 

the presiding officer. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E-Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Further information 

The NRC has prepared a SER that 

documents the staff’s review and 

evaluation of the amendment. In 

accordance with 10 CFR 2.390 of NRC’s 

‘‘Rules of Practice,’’ final NRC records 

and documents related to this action, 

including the application for 

amendment and supporting 

documentation and the SER, are 

available electronically at the NRC’s 

Electronic Reading Room, at: http:// 

www.nrc.gov/reading-rm/adams.html. 

From this site, you can access NRC’s 

Agencywide Document Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. The ADAMS 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 60149 

Accession Numbers for the applicable 

documents are: 

Document Date ADAMS 

Accession No. 

License Amendment Request ...................................................................................... June 15, 2009 ........................................... ML091680541. 

Response to First Request for Additional Information ................................................. February 18, 2010 .................................... ML100560175. 

Supplemental Information ............................................................................................ March 31, 2010 ......................................... ML100950449. 

Response to Second Request for Additional Information ............................................ September 1, 2010 ................................... ML102530139. 

License Amendment No. 1 Issuance Package ............................................................ September 14, 2010 ................................. ML102571628. 

Safety Evaluation Report ............................................................................................. September 14, 2010 ................................. ML102571637. 

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

NRC’s Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301– 

415–4737, or by e-mail to pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at NRC’s PDR, O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents, for a fee. 

Dated at Rockville, Maryland, this 21st day 

of September, 2010. 

For the Nuclear Regulatory Commission. 

Eric Benner, 

Chief, Licensing Branch, Division of Spent 

Fuel Storage and Transportation, Office of 

Nuclear Material Safety and Safeguards. 

[FR Doc. 2010–24393 Filed 9–28–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0209] 

Notice of Public Meeting To Solicit 

Comments on the Draft Policy 

Statement on the Protection of 

Cesium-137 Chloride Sources 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of public meeting to 

solicit public comments. 

SUMMARY: The NRC is conducting a 

public meeting to solicit public input on 

the draft policy statement on the 

protection of cesium-137 chloride (CsCl) 

sources that was published in the 

Federal Register on June 29, 2010 (75 

FR 37483). During the public meeting, 

the NRC will request public comments 

on the issues discussed in this 

document. Additionally, the NRC is 

requesting names of individuals to 

participate at the public meeting in a 

round table discussion of the issues 

discussed in Section III of this 

document. 

The purpose of this document is to 

announce the date and location of the 

public meeting which were not finalized 

in the June 29, 2010, document, as well 

as to publish an Issues Paper which will 

serve as a framework for the discussion 

of the major issues in the draft policy 

statement in the public meeting. 

DATES: 1. The public meeting will be 

held on November 8–9, 2010. 

2. Nominations for participation in 

the roundtable discussions of the public 

meeting should be submitted by October 

8, 2010. 

3. Written comments on the draft 

policy statement, outside the scope of 

the public meeting, are also accepted 

and should be submitted by December 

17, 2010. Comments received after this 

date will be considered if it is practical 

to do so, but the NRC is able to assure 

consideration only for comments 

received on or before this date. 

4. To ensure efficient and complete 

comment resolution, comments should 

include reference to the section and 

page numbers of the Draft Policy 

Statement (75 FR 37483) to which the 

comment applies. When commenting on 

the CsCl issues presented, please 

exercise caution with regard to sitespecific security-related information. 

Comments will be made available to the 

public in their entirety; personal 

information, such as your name, 

address, telephone number, e-mail 

address, etc. will not be removed from 

your submission. 

ADDRESSES: Please include Docket ID 

NRC–2010–0209 in the subject line of 

your comments. For instructions on 

submitting comments and accessing 

documents related to this action, see 

Section I, ‘‘Submitting Comments and 

Accessing Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 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–2010–0209. Address questions 

about NRC dockets to Carol Gallagher, 

telephone (301) 492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, MS: TWB–5 B1M, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, or by fax 

to RADB at (301) 492–3446. 

The public meeting will be held at 

The Universities at Shady Grove 

Conference Center, 9630 Gudelsky 

Drive, Rockville, Maryland 20850–5822. 

Nominations for participation in the 

roundtable discussions of the public 

meeting should be submitted by October 

8, 2010. For expeditious handling of the 

nominations, the NRC established a 

dedicated e-mail address. The 

nominations should be sent to the 

following NRC e-mail address: 

CesiumDraftPolicy@nrc.gov. 

Other participants, who wish to 

attend the public meeting, may also preregister at the dedicated e-mail address: 

CesiumDraftPolicy@nrc.gov. The NRC 

will appreciate pre-registration in order 

to properly plan for the conference 

facilities; however, pre-registration is 

not required and registration will be 

available on the opening day of the 

public meeting. 

FOR FURTHER INFORMATION CONTACT: Dr. 

John P. Jankovich, Office of Federal and 

State Materials and Environmental 

Management Programs, telephone (301) 

415–7904, e-mail 

john.jankovich@nrc.gov, or Dr. Cynthia 

G. Jones, Office of Nuclear Security and 

Incident Response, telephone (301) 415– 

0298, e-mail cynthia.jones@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Submitting Comments and Accessing 

Information 

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. To ensure 

efficient and complete comment 

resolution, comments should include 

reference to the section and page 

numbers of the Draft Policy Statement 

(75 FR 37483) and/or Issues Paper to 

which the comment applies. When 

commenting on the CsCl issues 


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