29732 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 

6. Request For Additional Information 

dated April 30, 2008 (ML081260393); 

and 

7. Deficiency Response Letter dated 

December 11, 2008 (ML083520561). 

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC 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 the NRC’s PDR, O 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Region I, 475 Allendale Road, 

King of Prussia, Pennsylvania this 15th day 

of June 2009. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–14684 Filed 6–22–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–302; NRC–2009–0256] 

Crystal River Unit 3; Notice of 

Consideration of Issuance of 

Amendment to Facility Operating 

License, Proposed No Significant 

Hazards Consideration Determination, 

and Opportunity for a Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of an amendment 

to Facility Operating License No. DPR– 

72 issued to Florida Power Corporation, 

et al (the licensee) for operation of the 

Crystal River Unit No. 3 Nuclear 

Generating Plant, located in Citrus 

County, Florida. 

The proposed amendment would 

revise the Crystal River Unit 3 (CR–3) 

Final Safety Analysis Report (FSAR) 

Sections 5.4.3, ‘‘Structural Design 

Criteria’’ and 5.4.5.3, ‘‘Missile 

Analysis,’’ to include a statement 

regarding the design of the east wall of 

the CR–3 Auxiliary Building. The 

amendment would change the 

methodology used to qualify the east 

wall of the Auxiliary Building. The 

current methodology used the methods 

in American Concrete Institute (ACI) 

standard 318–63, ‘‘Building Code 

Requirements for Reinforced Concrete,’’ 

June 1963. The proposed methodology 

is based on ACI 349–97, ‘‘Code 

Requirements for Nuclear Safety Related 

Concrete Structures,’’ as endorsed by 

the Standard Review Plan (NUREG 

0800), Revision 2—March 2007, Section 

3.8.4 ‘‘Other Seismic Category 1 

Structures.’’ 

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 not involve a significant increase 

in the probability or consequences of an 

accident previously evaluated. 

The proposed LAR will revise the 

methodology used to qualify the east wall of 

the CR–3 Auxiliary Building for all expected 

and postulated loads including tornado wind 

and missile loading. The Yield Line Theory 

methodology is an industry standard that is 

used for the design and analysis of concrete 

slabs and is applied to CR–3 in accordance 

with American Concrete Institute (ACI) 349– 

97, ‘‘Code Requirements for Nuclear Safety 

Related Concrete Structures.’’ A change in 

the methodology of an analysis used to verify 

qualification of an existing structure will not 

have any impact on the probability of 

accidents previously evaluated. 

The analysis performed demonstrates that 

the CR–3 Auxiliary Building east wall will 

remain structurally intact following the worst 

case loadings assumed in the calculation. 

Therefore, this proposed change does not 

involve a significant increase in the 

probability or consequences previously 

evaluated. 

2. Does not create the possibility of a new 

or different kind of accident from any 

accident previously evaluated. 

The function of the CR–3 Auxiliary 

Building wall is to house and protect the 

equipment that is important to safety from 

damage during normal operation, transients, 

and design basis accidents. The use of ACI 

349–97 for qualifying the east wall of the CR– 

3 Auxiliary Building has no impact on the 

capability of the structure. A calculation that 

uses the Yield Line Theory methodology 

demonstrated that the structure meets 

required design criteria. This ensures that the 

wall is capable of performing its design basis 

function without alteration or compensatory 

actions of any kind. No changes to any plant 

system, structure, or component (SSC) are 

proposed. No changes to any plant operating 

practices, procedures, computer firmware/ 

software will occur. 

Therefore, the proposed change will not 

create the possibility of new or different type 

of accident from any previously evaluated. 

3. Does not involve a significant reduction 

in a margin on safety. 

The design basis of the plant requires 

structures to be capable of withstanding 

normal and accident loads including those 

from a design basis tornado. The 

requirements of ACI 349–97, as applied in an 

approved plant calculation, demonstrated 

that the east wall of the CR–3 Auxiliary 

Building is capable of performing its design 

function. There is a slight reduction in 

conservatism between the method used for 

the remaining Class 1 structures, ACI 318–63 

and ACI 349–97, but the calculation 

performed validates the requirement that the 

east wall of the Auxiliary Building will 

protect the important to safety systems, 

structures, and components located in 

proximity to the wall from damage. 

Therefore, the proposed change does not 

involve a significant reduction in the margin 

of safety. 

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 

within 30 days after the date of 

publication of this notice will be 

considered in making any final 

determination. 

Normally, the Commission will not 

issue the amendment until the 

expiration of 60 days after the date of 

publication of this notice. The 

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 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 29733 

issuance. The Commission expects that 

the need to take this action will occur 

very infrequently. 

Written comments may be submitted 

by mail to the Chief, Rulemaking and 

Directives Branch, TWB–05–B01M, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, and should cite the 

publication date and page number of 

this Federal Register notice. 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. 

Within 60 days after the date of 

publication of this notice, any person(s) 

whose interest may be affected by this 

action may file a request for a hearing 

and a petition to intervene with respect 

to issuance of the amendment to the 

subject facility operating license. 

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 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 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/doc-collections/cfr/. If a 

request for a hearing or petition for 

leave to intervene is filed by the above 

date, 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 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 which 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 which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner/requestor 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 amendment 

under consideration. The contention 

must be one which, if proven, would 

entitle the petitioner 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. 

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. 

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 FR 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 

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 must contact the 

Office of the Secretary by e-mail at 

hearing.docket@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/ 

apply-certificates.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/ 

e-submittals.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 

29734 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 

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 may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/ 

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 

electronic filing Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file a 

motion, 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 firstclass 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 or the presiding officer of 

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 

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. 

For further details with respect to this 

license amendment application, see the 

application for amendment dated June 

3, 2008, as supplemented by letters 

dated April 8 and May 22, 2009, which 

is available for public inspection at the 

Commission’s PDR, located at One 

White Flint North, File Public 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, 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 16th day 

of June, 2009. 

For the Nuclear Regulatory Commission. 

Eva A. Brown, 

Senior Project Manager, Plant Licensing 

Branch II–2, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–14686 Filed 6–22–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATE: Weeks of June 22, 29, July 6, 13, 

20, 27, 2009. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of June 22, 2009 

Thursday, June 25, 2009 

1:25 p.m. 

Affirmation Session (Public Meeting) 

(Tentative). 

a. Crow Butte Resources, Inc. (License 

Amendment for the North Trend 

Expansion Area), Staff and 

Applicant Appeals of LBP–08–6 

and LBP–09–1, Granting Hearing 

and Admitting Contentions 

(Tentative). 

b. Southern Nuclear Operating Co. 

(Vogtle Electric Generating Plant, 

Units 3 and 4), LBP–09–3 (Ruling 

on Standing and Contention 

Admissibility) (Tentative). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

1:30 p.m. 

Meeting with Advisory Committee on 

the Medical Uses of Isotopes (Public 

Meeting) (Contact: Ashley 

Cockerham, 240–888–7129). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Friday, June 26, 2009 

9:30 a.m. 

Discussion of Security Issues 

(Closed—Ex. 3). 

Week of June 29, 2009—Tentative 

Tuesday, June 30, 2009 

1 p.m. 

Affirmation Session (Public Meeting) 

(Tentative). 

U.S. Department of Energy (HighLevel Waste Repository) Appeals of 

First Prehearing Conference Order 

(Tentative). 

Week of July 6, 2009—Tentative 

There are no meetings scheduled for 

the week of July 6, 2009. 

Week of July 13, 2009—Tentative 

There are no meetings scheduled for 

the week of July 13, 2009. 

Week of July 20, 2009—Tentative 

There are no meetings scheduled for 

the week of July 20, 2009. 

Week of July 27, 2009—Tentative 

There are no meetings scheduled for 

the week of July 27, 2009. *The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Rochelle Bavol, (301) 415–1651. 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html.