27188 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 

information system which contains 

environmental data concerning overseas 

buildings owned or leased by the 

agency. Records include water quality 

data, indoor air quality measurements, 

asbestos-related data, and similar 

information. 

16. Department of the Treasury, 

Internal Revenue Service (N1–58–09– 

12, 2 items, 2 temporary items). Inputs 

and master files of an electronic 

information system used to ensure that 

employers accurately report wage data 

to the agency and to the Social Security 

Administration. 

17. Department of the Treasury, 

Internal Revenue Service (N1–58–09– 

13, 2 items, 2 temporary items). Inputs 

and master files of an electronic 

information system used to identify 

non-filers and late filers so as to ensure 

compliance. This data is also used for 

compliance research. 

18. Environmental Protection Agency, 

Agency-wide (N1–412–09–7, 1 item, 1 

temporary item). Electronic data 

maintained in laboratory information 

management systems that are used to 

receive, store and report data generated 

from laboratory analysis of 

environmental samples using scientific 

instruments. Data elements can include 

sample data and metadata (e.g., who 

took the sample and where, what was 

asked to be analyzed, who analyzed the 

sample, and when). 

19. Environmental Protection Agency, 

Agency-wide (N1–412–09–8, 1 item, 1 

temporary item). Electronic data copied 

or downloaded from other information 

systems at specific intervals and 

maintained in data marts and data 

warehouses in order to provide easy 

access and facilitate analysis and 

reporting. The offices responsible for the 

individual systems from which the data 

marts and warehouses copy or 

download their data manage their 

system data under specific schedules 

governing their disposition. 

20. Nuclear Regulatory Commission, 

Office of Nuclear Regulatory Research 

(N1–431–08–21, 4 items, 2 temporary 

items). Interim system documentation 

and status reports posted on the 

agency’s public website relating to 

significant safety issues at nuclear 

facilities. Master files and formal reports 

relating to these issues are proposed for 

permanent retention. 

21. Securities and Exchange 

Commission, Office of the Chief 

Accountant (N1–266–09–2, 3 items, 1 

temporary item). Correspondence, 

memorandums, and e-mail messages 

relating to the preparation of 

congressionally mandated studies. Final 

reports and working papers are 

proposed for permanent retention. 

Dated: May 29, 2009. 

Michael J. Kurtz, 

Assistant Archivist for Records Services— 

Washington, DC. 

[FR Doc. E9–13348 Filed 6–5–09; 8:45 am] 

BILLING CODE 7515–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. NRC–2009–0041] 

Agency Information Collection 

Activities: Submission for the Office of 

Management and Budget (OMB) 

Review; Comment Request 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of the OMB review of 

information collection and solicitation 

of public comment. 

SUMMARY: The NRC has recently 

submitted to OMB for review the 

following proposal for the collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). The NRC hereby 

informs potential respondents that an 

agency may not conduct or sponsor, and 

that a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. The NRC published a Federal 

Register Notice with a 60-day comment 

period on this information collection on 

March 6, 2009. 

1. Type of submission, new, revision, 

or extension: Extension. 

2. The title of the information 

collection: 10 CFR Part 55, ‘‘Operators’ 

Licenses’’. 

3. Current OMB approval number: 

3150–0018. 

4. The form number if applicable: NA. 

5. How often the collection is 

required: As necessary for NRC to meet 

its responsibilities to determine the 

eligibility of applicants for operators’ 

licenses, prepare or review initial 

operator licensing and requalification 

examinations for and performance of 

simulation facilities. 

6. Who will be required or asked to 

report: Holders of, and applicants for, 

facility (i.e. nuclear power and research 

and test reactors) operating licenses and 

individual operators’ licenses. 

7. An estimate of the number of 

annual responses: 345. 

8. The estimated number of annual 

respondents: 243. 

9. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 120,377. 

10. Abstract: 10 CFR Part 55, 

‘‘Operators’ Licenses,’’ of the NRC’s 

regulations, specifies information and 

data to be provided by applicants and 

facility licenses so that the NRC may 

make determinations concerning the 

licensing and requalification of 

operators for nuclear reactors, as 

necessary to promote public health and 

safety. The reporting and recordkeeping 

requirements contained in 10 CFR Part 

55 are mandatory for the licensees and 

applicants affected. 

A copy of the final supporting statement 

may be viewed free of charge at the NRC 

Public Document Room, One White 

Flint North, 11555 Rockville Pike, Room 

O–1 F21, Rockville, MD 20852. OMB 

clearance requests are available at the 

NRC worldwide Web site: http:// 

www.nrc.gov/public-involve/doccomment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by July 8, 2009. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

NRC Desk Officer, Office of Information 

and Regulatory Affairs (3150–0018), 

NEOB–10202, Office of Management 

and Budget, Washington, DC 20503. 

The NRC Clearance Officer is 

Tremaine Donnell, (301) 415–6258. 

Dated at Rockville, Maryland, this 1st day 

of June 2009. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

Acting NRC Clearance Officer, Office of 

Information Services. 

[FR Doc. E9–13295 Filed 6–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–005; NRC–2009–0228, 

Facility License No. R–2] 

The Pennsylvania State University 

Notice of Acceptance for Docketing of 

the Application and Notice of 

Opportunity for Hearing Regarding 

Renewal of Breazeale Reactor for an 

Additional 20-Year Period 

The Nuclear Regulatory Commission 

(NRC or the Commission) is considering 

an application for the renewal of 

Facility Operating License No. R–2, 

which authorizes the Pennsylvania State 

University (PSU or the licensee) to 

operate the Penn State Breazeale Reactor 

(PSBR) at 1,000 kilowatts thermal 

power. The renewed license would 


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Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 27189 

authorize the licensee to operate the 

PSBR for an additional 20 years from 

the date of issuance. 

On December 6, 2005, the 

Commission’s staff received an 

application from PSU filed pursuant to 

10 CFR Part 50.51(a), to renew Facility 

Operating License No. R–2 for the PSBR. 

Because the license renewal application 

was filed in a timely manner in 

accordance with 10 CFR 2.109, the 

license will not be deemed to have 

expired until the license renewal 

application has been finally determined. 

Based on its initial review of the 

application, the Commission’s staff 

determined that PSU submitted 

sufficient information in accordance 

with 10 CFR 50.33 and 50.34 so that the 

application is acceptable for docketing. 

The current Docket No. 50–005 for 

Facility Operating License No. R–2 will 

be retained. The docketing of the 

renewal application does not preclude 

requests for additional information as 

the review proceeds, nor does it predict 

whether the Commission will grant or 

deny the application. Prior to a decision 

to renew the license, the Commission 

will make findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations. 

Within 60 days after the date of 

publication of this notice, the applicant 

may file a request for a hearing, and any 

person(s) whose interest may be affected 

by this proceeding and who wishes to 

participate as a party in the proceeding 

must file a written request for a hearing 

and a petition for leave to intervene, via 

electronic submission through the NRC 

E-filing system. Requests for a hearing 

and a petition for leave to intervene 

shall be filed in accordance with the 

Commission’s ‘‘Rules of Practice for 

Domestic Licensing Proceedings’’ in 10 

CFR Part 2. Interested person(s) should 

consult a current copy of 10 CFR 2.309, 

which is available at the Commission’s 

Public Document Room (PDR), located 

at One White Flint North, Public File 

Area O1F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland and on the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/doc-collections/cfr. Publicly 

available records will be accessible from 

the Agencywide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

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

a request for a hearing or petition for 

leave to intervene is filed within the 60- 

day period, the Commission or a 

presiding officer designated by the 

Commission or by the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board Panel, will 

rule on the request and/or petition; and 

the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner/requestor in the 

proceeding, and how that interest may 

be affected by the results of the 

proceeding. The petition should 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

general requirements: (1) The name, 

address and telephone number of the 

requestor or petitioner; (2) the nature of 

the requestor’s/petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the requestor’s/petitioner’s property, 

financial, or other interest in the 

proceeding; and (4) 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 that the petitioner/requestor 

seeks to have litigated at the proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the petitioner/requestor shall 

provide a brief explanation of the bases 

for the contention and a concise 

statement of the alleged facts or expert 

opinion that supports the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner must also 

provide references to those specific 

sources and documents of which the 

petitioner is aware and on which the 

petitioner intends to rely to establish 

those facts or expert opinion. The 

petition must include sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact. 

Contentions shall be limited to matters 

within the scope of the licensing action 

(i.e., license renewal) under 

consideration. The contention must be 

one which, if proven, would entitle the 

petitioner/requestor to relief. A 

petitioner/requestor who fails to satisfy 

these requirements with respect to at 

least one contention will not be 

permitted to participate as a party. 

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. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E–Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FRN 49139). The E–Filing 

process requires participants to submit 

and serve all adjudicatory documents 

over the internet, or in some cases to 

mail copies on electronic storage media. 

Participants may not submit paper 

copies of their filings unless they seek 

an exemption in accordance with the 

procedures described below. 

To comply with the procedural 

requirements of E–Filing, at least ten 

(10) days prior to the filing deadline, the 

petitioner/requestor must 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, it 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 


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27190 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 

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 

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 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. 

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). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

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 

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 

submissions. 

Detailed guidance which the NRC 

uses to review applications for the 

renewal of non-power reactor licenses 

can be found in the document NUREG– 

1537, entitled ‘‘Guidelines for Preparing 

and Reviewing Applications for the 

Licensing of Non-Power Reactors,’’ 

which can be obtained from the 

Commission’s PDR. The NRC maintains 

an Agencywide Documents Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. The detailed review 

guidance (NUREG–1537) may be 

accessed through the NRC’s Public 

Electronic Reading Room on the Internet 

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

adams.html under ADAMS Accession 

No. ML041230055 for part one and 

ML041230048 for part two. Copies of 

the application to renew the facility 

license for the licensee are available for 

public inspection at the Commission’s 

PDR, located at One White Flint North, 

11555 Rockville Pike (first floor), 

Rockville, Maryland 20852–2738. The 

initial application and other related 

documents may be accessed through the 

NRC’s Public Electronic Reading Room, 

at the address mentioned above, under 

ADAMS Accession No. ML080840445 

(Redacted Version). Persons who do not 

have access to ADAMS, or have 

problems accessing the documents 

located in ADAMS, may contact the 

NRC PDR Reference staff at (800) 397– 

4209, or locally, (301) 415–4737, or by 

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

Dated at Rockville, Maryland, the 1st day 

of June, 2009. 

For the Nuclear Regulatory Commission. 

Kathryn M. Brock, 

Chief, Research and Test Reactors Branch 

A, Division of Policy and Rulemaking, Office 

of Nuclear Reactor Regulation. 

[FR Doc. E9–13296 Filed 6–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–247 and 50–286; NRC– 

2008–0455; License Nos. DPR–26 and DPR– 

64] 

Entergy Nuclear Operations, Inc.; 

Entergy Nuclear Indian Point 2, LLC; 

Entergy Nuclear Indian Point 3, LLC; 

Notice of Issuance of Director’s 

Decision Under 10 CFR 2.206 

Notice is hereby given that the 

Director, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission (NRC or Commission) has 

issued a Director’s Decision with regard 

to petitions filed by Mr. Sherwood 

Martinelli, hereinafter referred to as the 

‘‘Petitioner.’’ The original petition, 

dated September 28, 2007, was 

amended by petition dated January 24, 

2008. The NRC subsequently combined 

the above two petitions with a third 

petition dated March 30, 2008. The 

petitions were supplemented on 

December 21, 2007, and August 14, 

2008, with transcripts of meetings 

between the NRC and the Petitioner. 

The petitions concern the operation of 

the Indian Point Nuclear Generating 

Unit Nos. 2 and 3 (Indian Point) owned 

by Entergy Nuclear Indian Point 2, LLC 

and Entergy Nuclear Indian Point 3, 

LLC, respectively, and operated by 

Entergy Nuclear Operations, Inc. 

(Entergy). 

The petitions requested immediate 

suspension of the operating licenses for 

Indian Point Unit Nos. 2 and 3 and the 

imposition of daily civil penalties until 

the licensee implements a new 

emergency siren system with backup 

electrical power as required by the 

Energy Policy Act of 2005. 

As the basis for the September 28, 

2007, request, the Petitioner expressed 

his belief that the emergency siren 

system is the first and best chance that 

citizens will have in protecting 

themselves and their families in the 

event of a terrorist attack and/or a 

significant radiological event at the 

Indian Point facility. The Petitioner 

noted that the Energy Policy Act of 2005 

required that a backup electrical power 

supply be provided for the emergency 

siren system at Indian Point and that the 

licensee failed to meet successive 

implementation deadlines imposed by 


cprice-sewell on PRODPC61 with NOTICES