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
Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 27191 

the NRC for January 30, April 15, and 

August 24, 2007. The Petitioner 

requested that (1) the Indian Point 

facilities be shut down until such time 

as the new emergency siren system with 

backup electrical power is fully 

operational and has met all Federal 

Emergency Management Agency 

(FEMA) and NRC requirements and (2) 

Entergy be fined $130,000 per day from 

the date of his petition until Entergy 

complies with the NRC’s Confirmatory 

Order dated January 31, 2006. 

As the basis for the January 24, 2008, 

request that amended the original 

petition, the Petitioner cited Entergy’s 

lack of adequate maintenance and aging 

management procedures leading to the 

discovery of significant corrosion on 

components of the new emergency siren 

system. The Petitioner requested that (1) 

the Indian Point facilities be shut down, 

(2) the operating licenses for the Indian 

Point facilities be suspended until they 

are in full compliance with their design 

basis threat, current licensing basis, and 

all NRC rules and regulations, and (3) 

Entergy be fined $500,000 per day until 

the new siren system has been fully 

approved by all levels of government. 

As the basis for the March 30, 2008, 

request, the Petitioner citing numerous 

discharges of radiological and chemical 

carcinogens, both legal and illegal, over 

an extended period of time that 

continue to expose the Petitioner, his 

family, and pets to contaminants. The 

Petitioner again requested that the 

Indian Point facilities be shut down and 

remain shut down until a large number 

of actions are completed including 

implementation of the new emergency 

siren system that has received all 

government approvals. 

On December 21, 2007, and August 

14, 2008, the Petitioner and the licensee 

met with the staff’s Petition Review 

Board. The meetings gave the Petitioner 

and the licensee an opportunity to 

provide additional information and to 

clarify issues cited in the petition. 

The NRC sent a copy of the proposed 

Director’s Decision to the Petitioner and 

to Entergy for comment on March 23, 

2009. The staff did not receive any 

comments on the proposed Director’s 

Decision. 

The Director of the Office of Nuclear 

Reactor Regulation denied the 

Petitioner’s request to suspend the 

operating licenses of the Indian Point 

Nuclear Generating Unit Nos. 2 and 3 

and the Petitioner’s request to impose 

daily civil penalties for the untimely 

implementation of the new siren 

system. In addition, the Petitioner’s 

request to place Indian Point Unit Nos. 

2 and 3 in cold shutdown, and to 

suspend the licenses of Indian Point 

Unit Nos. 2 and 3 until the licensee 

comes into full compliance with the 

design basis threat, the current licensing 

basis and all NRC rules, because of 

corrosion in siren components, was also 

denied. The reasons for this decision are 

explained in the Director’s Decision 

pursuant to Title 10 of Code of Federal 

Regulations (10 CFR) Section 2.206 

[DD–09–01], the complete text of which 

is available in Agencywide documents 

Access and Management System 

(ADAMS) Accession No. ML091210629 

for inspection at the Commission’s 

Public Document Room, located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland, and from the 

ADAMS Public Library component on 

the NRC’s Web site, http://www.nrc.gov/ 

reading-rm.html (the Public Electronic 

Reading Room). 

A copy of the Director’s Decision will 

be filed with the Secretary of the 

Commission for the Commission’s 

review in accordance with 10 CFR 2.206 

of the Commission’s regulations. As 

provided for by this regulation, the 

Director’s Decision will constitute the 

final action of the Commission 25 days 

after the date of the decision, unless the 

Commission, on its own motion, 

institutes a review of the director’s 

decision in that time. 

Dated at Rockville, Maryland, this 29th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

Eric J. Leeds, 

Director, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–13297 Filed 6–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0497] 

NRC Enforcement Policy Revision 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability of revised 

draft supplements and request for 

comments. 

SUMMARY: On September 15, 2008 (73 

FR 53286), the Nuclear Regulatory 

Commission (NRC) published a notice 

of availability and request for comments 

on its draft proposed revised 

Enforcement Policy (Enforcement 

Policy). A corrected proposed revised 

Enforcement Policy was published on 

October 16, 2008 (73 FR 61442). The 

public comment period for the revised 

Enforcement Policy ended on November 

14, 2008. The NRC is now soliciting 

written comments from interested 

parties including public interest groups, 

States, members of the public and the 

regulated industry (i.e., reactor and 

materials licensees, vendors, and 

contractors), on additional proposed 

revisions to Section 6.0, Supplements– 

Violation Examples, of the proposed 

revised Enforcement Policy. This Notice 

of Availability and request for 

comments apply only to new proposed 

revisions to Section 6.0 of the proposed 

revised Enforcement Policy. 

DATES: Submit comments on or before 

July 8, 2009. Comments received after 

this date will be considered if it is 

practical to do so, but the Commission 

is able to assure consideration only for 

comments received on or before this 

date. 

ADDRESSES: Comments will be made 

available to the public in their entirety; 

personal information, such as your 

name, address, telephone number, email address, etc. will not be removed 

from your submission. You may submit 

comments by any one of the following 

methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov; search on docket 

ID: NRC–2008–0497. 

Mail Comments to: Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch, Mail Stop: TWB–05–B01M, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

You can access publicly available 

documents related to this notice using 

the following methods: 

Federal e-Rulemaking Portal: 

Documents related to this notice, 

including public comments, are 

accessible at http:// 

www.regulations.gov, by searching on 

docket ID: NRC–2008–0497. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee, publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Document Access 

and Management System (ADAMS): The 

revised draft Supplements of the 

proposed revised Enforcement Policy 

are available electronically at the NRC’s 

Electronic Reading Room at http:// 

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

under ADAMS Accession Number 

(ML091520156). From this site, the 

public can gain entry into ADAMS, 

which provides text and image files of 

the NRC’s public documents. In 

addition, revised draft Supplements of 

the proposed revised Enforcement 


cprice-sewell on PRODPC61 with NOTICES