31994 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

designed, fabricated, erected, and tested 

to quality standards commensurate with 

the importance of the safety function to 

be performed. Appendix B, ‘‘Quality 

Assurance Criteria for Nuclear Power 

Plants and Fuel Reprocessing Plants,’’ to 

10 CFR part 50 requires that measures 

be established to ensure materials 

control and control of special processes 

such as welding and that proper testing 

be performed. This guide describes an 

acceptable method of implementing 

these requirements with regard to the 

control of weld properties when 

fabricating electroslag welds for nuclear 

components made of ferritic or 

austenitic materials. This guide applies 

to light-water reactors. 

II. Further Information 

The NRC staff is soliciting comments 

on DG–1223. Comments may be 

accompanied by relevant information or 

supporting data and should mention 

DG–1223 in the subject line. Comments 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety through the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

Personal information will not be 

removed from your comments. You may 

submit comments by any of the 

following methods: 

1. Mail comments to: Rulemaking and 

Directives Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

2. Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2009–0274]. Address questions 

about NRC dockets to Carol Gallagher, 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

3. Fax comments to: Rulemaking and 

Directives Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission at (301) 492–3446. 

Requests for technical information 

about DG–1223 may be directed to the 

NRC contact, Jeffrey Hixon at (301) 251– 

7639 or e-mail to Jeffrey.Hixon@nrc.gov. 

Comments would be most helpful if 

received by August 31, 2009. Comments 

received after that date will be 

considered if it is practical to do so, but 

the NRC is able to ensure consideration 

only for comments received on or before 

this date. Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–1223 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

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

under Accession No. ML090750626. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

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, Maryland, this 25th day 

of June, 2009. 

For the Nuclear Regulatory Commission. 

Mark P. Orr, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–15784 Filed 7–2–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–36; NRC–2009–0278] 

Notice of License Amendment Request 

of Westinghouse Electric Company 

LLC for Hematite Decommissioning 

Project, Festus, MO and Opportunity 

To Request a Hearing 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment 

request and opportunity to request a 

hearing. 

DATES: A request for a hearing must be 

filed by September 4, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

J. Hayes, Project Manager, Materials 

Decommissioning Branch, Division of 

Waste Management and Environmental 

Protection, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Two White 

Flint North, Mail Stop T8F5, 11545 

Rockville Pike, Rockville, Maryland 

20852–2738 Telephone: (301) 415–5928; 

fax number: (301) 415–5928; e-mail: 

john.hayes@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

By letter dated May 21, 2009, the U.S. 

Nuclear Regulatory Commission (NRC) 

received a license amendment 

application from Westinghouse Electric 

Company LLC (WEC or the licensee), 

pertaining to its planned disposal of 

NRC-licensed source, byproduct and 

special nuclear material. Regarding this 

material, WEC seeks approval, pursuant 

to 10 CFR 20.2002, of proposed disposal 

procedures which are not otherwise 

authorized by NRC regulations. WEC 

holds NRC License No. SNM–00033, 

which authorizes the licensee to 

conduct decommissioning activities at 

its former fuel cycle facility located in 

Festus, Missouri. The amendment 

request seeks authorization allowing 

WEC to transfer decommissioning waste 

to U.S. Ecology Idaho, Inc., a Resource 

Conservation and Recovery Act (RCRA) 

Subtitle C disposal facility located near 

Grand View, Idaho. This facility is 

regulated by the Idaho Department of 

Environmental Quality, and is not an 

NRC-licensed facility. Pursuant to 10 

CFR 30.11 and 70.17, WEC’s application 

also requested exemptions from the 

licensing requirements of 10 CFR 30.3 

and 70.3 for the byproduct and special 

nuclear material it seeks to transfer. 

These exemptions are necessary because 

the disposal of byproduct and special 

nuclear material must occur at a facility 

licensed to possess such material, and 

the U.S. Ecology Idaho facility has no 

NRC license. 

An NRC administrative review, 

documented in a letter to Westinghouse 

dated June 19, 2009, found the alternate 

disposal application acceptable to begin 

a technical review. If the NRC approves 

the Westinghouse request, the approval 

will be documented in an amendment to 

NRC License No. SNM–00033. However, 

before approving the proposed 

amendment, the NRC will need to make 

the findings required by the Atomic 

Energy Act of 1954, as amended, and 

the National Environmental Policy Act. 

These findings will be documented, 

respectively, in a Safety Evaluation 

Report (SER), and in a separate 

environmental assessment performed by 

the NRC. 

III. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application 

for a license amendment as described 

above. In accordance with the general 

requirements in Subpart C of 10 CFR 

Part 2, as amended on January 14, 2004 

(69 FR 2182), any person whose interest 

may be affected by this proceeding and 

who desires to participate as a party 

must file a written request for a hearing 

and a specification of the contentions 

which the person seeks to have litigated 

in the hearing. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31995 

In accordance with 10 CFR 2.302(a), 

a request for a hearing must be filed 

with the Commission either by: 

1. First class mail addressed to: Office 

of the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Attention: Rulemakings 

and Adjudications; 

2. Courier, express mail, and 

expedited delivery services: Office of 

the Secretary, Sixteenth Floor, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852, 

Attention: Rulemakings and 

Adjudications Staff, between 7:45 a.m. 

and 4:15 p.m., Federal workdays; 

3. E-mail addressed to the Office of 

the Secretary, U.S. Nuclear Regulatory 

Commission, HearingDocket@nrc.gov; 

or 

4. By facsimile transmission 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC, Attention: 

Rulemakings and Adjudications Staff, at 

(301) 415–1101; verification number is 

(301) 415–1966. 

In accordance with 10 CFR 2.302(b), 

all documents offered for filing must be 

accompanied by proof of service on all 

parties to the proceeding or their 

attorneys of record as required by law or 

by rule or order of the Commission, 

including: 

1. The applicant, Westinghouse 

Electric Company, LLC, 4350 Northern 

Pike, Monroeville, Pennsylvania 15146– 

2886, Attention: Michele M. Gutman, 

and 

2. The NRC staff, by delivery to the 

Office of the General Counsel, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852, or by mail 

addressed to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. Hearing requests should also be 

transmitted to the Office of the General 

Counsel, either by means of facsimile 

transmission to (301) 415–3725, or by 

e-mail to ogcmailcenter@nrc.gov. 

The formal requirements for 

documents contained in 10 CFR 

2.304(b), (c), (d), and (e), must be met. 

In accordance with 10 CFR 2.304(f), a 

document filed by electronic mail or 

facsimile transmission need not comply 

with the formal requirements of 10 CFR 

2.304(b), (c), and (d), as long as an 

original and two (2) copies otherwise 

complying with all of the requirements 

of 10 CFR 2.304(b), (c), and (d) are 

mailed within two (2) days thereafter to 

the Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemakings and 

Adjudications Staff. 

In accordance with 10 CFR 2.309 (b), 

a request for a hearing must be filed by 

September 4, 2009. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, the general requirements 

involving 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 petitions 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 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 the licensee, or 

otherwise available to the petitioner. 

The requester/petitioner may amend its 

contentions or file new contentions if 

there are data or conclusions in the 

NRC’s SER or environmental analysis 

that differ significantly from the data or 

conclusions in the licensee’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 writing within 10 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. 

IV. Further Information 

Documents related to this action, 

including the application for 

amendment and supporting 

documentation, 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 the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are: Request for Alternate 

Disposal Approval and Exemption for 

Specific Hematite Project Waste (ML 

090180071); and Review Acceptance 

Letter to Westinghouse on 20.2002 

Alternate Disposal Request for Hematite 

(ML091690253). 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.resource@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852. The PDR reproduction 

mstockstill on PROD1PC66 with NOTICES

31996 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

contractor will copy documents for a 

fee. 

Dated at Rockville, Maryland, this 26th day 

of June 2009. 

For the Nuclear Regulatory Commission. 

Rebecca Tadesse, 

Chief, Materials Decommissioning Branch, 

Decommissioning and Uranium Recovery, 

Licensing Directorate, Division of Waste 

Management, and Environmental Protection, 

Office of Federal and State Materials, and 

Environmental Management Programs. 

[FR Doc. E9–15790 Filed 7–2–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0637] 

Notice of Availability of Technical 

Specification Improvement To 

Relocate Surveillance Frequencies to 

Licensee Control—Risk-Informed 

Technical Specification Task Force 

(RITSTF) Initiative 5b, Technical 

Specification Task Force—425, 

Revision 3 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Availability. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has prepared a 

model license amendment request 

(LAR), model safety evaluation (SE), and 

model no significant hazards 

consideration (NSHC) determination. 

These are related to changes to standard 

technical specifications (STS) for 

Technical Specification Task Force 

(TSTF)—425, Revision 3, ‘‘Relocate 

Surveillance Frequencies to Licensee 

Control—RITSTF Initiative 5b,’’ 

(Agencywide Documents Access 

Management System (ADAMS) 

Accession No. ML090850642). The 

purpose of these models is to permit the 

NRC to efficiently process amendments 

that propose to relocate technical 

specifications (TS) surveillance 

frequencies. Licensees of nuclear power 

reactors could then request 

amendments, confirming the 

applicability of the safety evaluation 

and NSHC determination to their 

reactors. Previously, on December 5, 

2008, drafts of the model SE, model 

NSHC determination, and model LAR 

were published in the Federal Register 

for public comment (73 FR 74202– 

74210). Based on its evaluation of the 

public comments received in response 

to that notice, the NRC staff made 

appropriate changes to the models, and 

is including the final versions of the 

models in this notice. This notice also 

contains a description of each public 

comment and its disposition by the NRC 

staff. Based on its evaluation of the 

public comments, the NRC staff has 

decided to announce the availability of 

the model SE and model NSHC 

determination to licensees for 

referencing in LARs to adopt TSTF–425, 

Rev 3. Licensees of nuclear power 

reactors proposing to adopt these 

changes should follow the guidance in 

the model LAR and confirm the 

applicability of the model SE and model 

NSHC determination to their reactors. 

DATES: The NRC staff hereby announces 

that the attached model SE and model 

NSHC determination (which differ only 

slightly from the versions previously 

published) may be used in support of 

plant specific applications to adopt the 

relocation of TS Surveillance 

Requirements. The staff has also posted 

the model LAR (which also differs only 

slightly from the versions previously 

published) to assist licensees in 

applying for the proposed TS change. 

The NRC staff can most efficiently 

consider applications based upon the 

model application if the application is 

submitted within a year of this Federal 

Register Notice. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Honcharik, Mail Stop: O–12E1, 

Special Projects Branch, Division of 

Policy and Rulemaking, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

301–415–1774. 

SUPPLEMENTARY INFORMATION: 

Background 

This notice makes available for 

adoption by licensees a change to the 

STS that modifies surveillance 

frequencies. Licensees opting to apply 

for this change are responsible for 

reviewing the staff’s evaluation, 

providing the applicable technical 

justifications, and providing any 

necessary plant-specific information. 

The NRC will process each amendment 

application responding to the notice of 

availability according to applicable NRC 

rules and procedures. 

TSTF–425, Rev. 3 involves the 

relocation of most time-based 

surveillance frequencies to a licenseecontrolled program, called the 

Surveillance Frequency Control 

Program (SFCP), and adds the SFCP to 

the administrative controls section of 

TS. The SFCP does not include 

surveillance frequencies that are event 

driven, controlled by an existing 

program, or are condition-based. 

Revision 3 of TSTF–425 addresses all 

four reactor vendor types. The owners 

groups participants proposed this 

change for incorporation into the STS. 

TSTF–425, Rev. 3 (ADAMS Accession 

No. ML090850642), can be viewed on 

the NRC’s Web page at: http:// 

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

Applicability 

TSTF–425, Rev. 3, is applicable to all 

STS for nuclear power reactors and 

requires the application of the Nuclear 

Energy Institute (NEI) 04–10, Rev.1, 

‘‘Risk-informed Technical 

Specifications Initiative 5B, RiskInformed Method for Control of 

Surveillance Frequencies,’’ (ADAMS 

Accession No. ML071360456). The NRC 

staff reviewed and approved NEI 04–10, 

Rev. 1, by letter dated September 19, 

2007 (ADAMS Accession No. 

ML072570267). Each licensee applying 

for the changes proposed in TSTF–425 

will need to include documentation 

regarding the probabilistic risk 

assessment [PRA] technical adequacy 

consistent with the guidance in Section 

4.2 of Regulatory Guide (RG) 1.200, ‘‘An 

Approach for Determining the Technical 

Adequacy of Probabilistic Risk 

Assessment [PRA] Results for RiskInformed Activities’’ (ADAMS 

Accession No. ML070240001). 

Applicants proposing to use PRA 

models for which NRC-endorsed 

standards do not exist must submit 

documentation that identifies 

characteristics of those models. Sections 

1.2 and 1.3 of RG 1.200 provides 

guidance on the supporting information 

needed for new methods. Applicants 

must give supporting evidence for 

methods to be applied for assessing the 

risk contribution for those sources of 

risk not addressed by NRC endorsed 

PRA models. 

The proposed change to adopt TSTF– 

425 does not prevent licensees from 

requesting an alternate approach or 

proposing changes other than those 

proposed in TSTF–425, Rev. 3. 

Significant deviations from the 

approach recommended in this notice, 

or inclusion of additional changes to the 

license, however, require additional 

review by the NRC staff. This may 

increase the time and resources needed 

for the review or result in staff rejection 

of the LAR. Licensees desiring 

significant deviations or additional 

changes should instead submit a license 

amendment request that does not claim 

to adopt TSTF–425, Rev 3. 

Evaluation of Public Comments on the 

Model Safety Evaluation 

The NRC staff evaluated the public 

comments received on the model SE, 

model NSHC determination, and model 

LAR published in the Federal Register 

on December 5, 2008 (73 FR 74202– 

mstockstill on PROD1PC66 with NOTICES