Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 29243 

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 

licensee’s application for amendment 

dated May 29, 2008 (ADAMS Accession 

No. ML081560641), as supplemented by 

letter dated November 14, 2008 

(ADAMS Accession No. ML083240593), 

which are available for public 

inspection 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 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, or 301–415–4737, 

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

Dated at Rockville, MD, this 11th day of 

June 2009. 

For the Nuclear Regulatory Commission. 

Marlayna Vaaler, 

Project Manager, Plant Licensing Branch II– 

2, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–14420 Filed 6–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 55–62335–SP; ASLBP No. 09– 

891–01–SP–BD01] 

David B. Kuhl, II; Establishment of 

Atomic Safety and Licensing Board 

Establishment of Atomic Safety and 

Licensing Board 

Pursuant to delegation by the 

Commission dated December 29, 1972 

(37 FR 28,710), and the Commission’s 

regulations, see 10 CFR 2.103(b), 2.309, 

2.313(a), and 2.318, notice is hereby 

given that an Atomic Safety and 

Licensing Board (Board) is being 

established to preside over the following 

proceeding: 

David B. Kuhl, II (Denial of Senior 

Reactor Operator License) 

This proceeding concerns a request 

for hearing from David B. Kuhl, II, dated 

May 28, 2009. His request is in response 

to a denial letter from the Office of 

Nuclear Reactor Regulation (NRR) dated 

May 13, 2009 notifying him that, 

following an administrative review, 

NRR was in agreement with Region I’s 

decision of February 20, 2009 not to 

issue him a Senior Reactor Operator 

License for the Beaver Valley Power 

Station. 

The Board is comprised of the 

following administrative judges: 

Paul S. Ryerson, Chair, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Alan S. Rosenthal, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

Michael F. Kennedy, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

As provided in 10 CFR 2.302, all 

correspondence, documents, and other 

materials shall be filed in accordance 

with the NRC E-Filing rule, which the 

NRC promulgated in August 2007 (72 

FR 49,139). 

Issued at Rockville, Maryland, this 15th 

day of June 2009. 

E. Roy Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel. 

[FR Doc. E9–14435 Filed 6–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0588] 

Final Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Regulatory Guide (RG) 

1.21, Revision 2. 

FOR FURTHER INFORMATION CONTACT: 

Steven Garry, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: (301) 415–2766 or email Steven.Garry@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a guide in 

the agency’s ‘‘Regulatory Guide’’ series. 

This series was developed to describe 

and make available to the public 

information such as methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, techniques that the 

staff uses in evaluating specific 

problems or postulated accidents, and 

data that the staff needs in its review of 

applications for permits and licenses. 

RG 1.21, Rev. 2, ‘‘Measuring, 

Evaluating, and Reporting Radioactive 

Material in Liquid and Gaseous 

mstockstill on PROD1PC66 with NOTICES

29244 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 

Effluents and Solid Waste,’’ was issued 

with a temporary identification as Draft 

Regulatory Guide, DG–1186. This guide 

describes a method that the staff of the 

NRC considers acceptable for use in 

measuring, evaluating, and reporting 

plant-related radioactivity (excluding 

background radiation) in effluents and 

solid radioactive waste shipments. The 

regulatory guide also provides guidance 

on determining and reporting the public 

dose from nuclear power plant 

operations. 

This guide incorporates the riskinformed principles of the Reactor 

Oversight Process. A risk-informed, 

performance-based approach to 

regulatory decision-making combines 

the ‘‘risk-informed’’ and ‘‘performancebased’’ elements discussed in the staff 

requirements memorandum on SECY– 

98–144, ‘‘White Paper on Risk-Informed 

and Performance-Based Regulation,’’ 

dated March 1, 1999. 

II. Further Information 

In November 2008, DG–1186 was 

issued for public comment. The public 

comment period closed on January 30, 

2009. The staff’s responses to the public 

comments received are located in the 

NRC’s Agencywide Documents Access 

and Management System under 

Accession Number ML091170117. 

Electronic copies of RG 1.21, Rev. 2 are 

available through the NRC’s public Web 

site under ‘‘Regulatory Guides’’ at 

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

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

11555 Rockville Pike, Rockville, 

Maryland. The PDR’s mailing address is 

USNRC PDR, Washington, DC 20555– 

0001. The PDR can also be reached by 

telephone at (301) 415–4737 or (800) 

397–4205, by fax at (301) 415–3548, and 

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

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, MD, this 10th day of 

June 2009. 

For the Nuclear Regulatory Commission. 

R.A. Jervey, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–14422 Filed 6–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0096] 

Notice of Issuance of Regulatory Guide 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Regulatory Guide 4.1, 

Revision 2. 

FOR FURTHER INFORMATION CONTACT: 

Steven Garry, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone (301) 415–2766 or email Steven.Garry@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a revision 

to an existing guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public information such 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the agency’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

Revision 2 of Regulatory Guide 4.1, 

‘‘Radiological Environmental 

Monitoring for Nuclear Power Plants,’’ 

was issued with a temporary 

identification as Draft Regulatory Guide, 

DG–4013. This guide describes a 

method that the staff of the NRC 

considers acceptable for use in 

establishing and conducting an 

environmental monitoring program at 

nuclear power plants. The guide 

describes programs for preoperational 

and operational environmental 

monitoring. 

II. Further Information 

In November 2008, DG–4013 was 

published with a public comment 

period of 60 days from the issuance of 

the guide. The public comment period 

closed on January 30, 2009. The staff’s 

responses to the comments received are 

located in the NRC’s Agencywide 

Documents Access and Management 

System under accession number 

ML091310156. Electronic copies of 

Regulatory Guide 4.1, Revision 2 are 

available through the NRC’s public Web 

site under ‘‘Regulatory Guides’’ at 

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

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

Room O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852–2738. The PDR’s 

mailing address is USNRC PDR, 

Washington, DC 20555–0001. The PDR 

can also be reached by telephone at 

(301) 415–4737 or (800) 397–4209, by 

fax at (301) 415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, MD, this 12th day of 

June 2009. 

For the Nuclear Regulatory Commission. 

Richard A. Jervey, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–14421 Filed 6–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–156; EA–09–141; NRC– 

2009–0245] 

In the Matter of University of 

Wisconsin (University of Wisconsin 

Nuclear Reactor); Order Modifying 

Facility Operating License No. R–74 

I 

University of Wisconsin (the licensee) 

is the holder of Amended Facility 

Operating License No. R–74 (the 

license) originally issued on February 4, 

1974, by the U.S. Atomic Energy 

Commission. The license authorizes 

operation of the University of Wisconsin 

Nuclear Reactor (the facility) at a power 

level up to 1,000 kilowatts thermal and 

in the pulse mode, with reactivity 

insertions not to exceed 1.4%Dk/k, and 

to receive, possess, and use special 

nuclear material associated with facility 

operation. The facility is a research 

reactor located on the campus of the 

University of Wisconsin, in the city of 

Madison, Dane County, Wisconsin. The 

mailing address is Nuclear Reactor 

Laboratory, University of Wisconsin— 

Madison, 1513 University Avenue, 

Room 1215 ME, Madison, WI 53706– 

1687. 

II 

Title 10 of the Code of Federal 

Regulations (10 CFR) Section 50.64, 

‘‘Limitations on the Use of Highly 

Enriched Uranium (HEU) in Domestic 

Nonpower Reactors,’’ limits the use of 

high-enriched uranium (HEU) fuel in 

domestic non-power reactors (research 

and test reactors). The regulation, which 

became effective on March 27, 1986 

(Volume 51 of the Federal Register, 

mstockstill on PROD1PC66 with NOTICES