Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4479 

11 Id. § 2.332; see also 10 CFR Part 2, App. B (II) 

(Model Milestones for Hearings Conducted under 

10 CFR Part 2, Subpart L). 

12 10 CFR 2.328. 

13 5 U.S.C. 571–584. 

14Public Law No. 104–320, § 4(a), 110 Stat. 3871 

(1996). 

15See 10 CFR 2.338(b). 

16Copies of this order were sent this date by the 

agency’s E-Filing system to counsel for (1) 

Applicant, Northern States Power Company, (2) 

Petitioner, Prairie Island Indian Community, and (3) 

NRC Staff. 

regard, the parties to this proceeding 

will be contacted in the near future by 

the Board’s law clerk for purposes of 

setting up a scheduling conference.11

The public is invited to attend any oral 

argument, pre-hearing conference, or 

evidentiary hearing unless otherwise 

ordered by the Commission.12 Notices 

of these sessions will be published in 

the Federal Register and/or made 

available to the public at the NRC Public 

Document Room, located at One White 

Flint, 11555 Rockville Pike (first floor), 

Rockville, Maryland, and through the 

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

The Administrative Dispute 

Resolution Act of 1996 (ADR Act) 13

encourages the use of alternative 

dispute resolution by Federal 

agencies.14 The parties are encouraged 

to explore voluntary processes, 

including settlement talks with or 

without a neutral, to resolve the issues 

in this case. Upon request, a settlement 

judge from the ASLBP could be 

appointed.15

Additionally, as provided in 10 CFR 

2.315(a), any person not a party to the 

proceeding may submit a written 

limited appearance statement setting 

forth his or her position on the issues in 

this proceeding. These statements do 

not constitute evidence but may assist 

the Board and/or parties in defining the 

issues being considered. Persons 

wishing to submit a written limited 

appearance statement should send it by 

mail to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff. A 

copy of the statement should also be 

served on the Chairman of this Atomic 

Safety and Licensing Board by mail to 

the Atomic Safety and Licensing Board 

Panel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. At a later date, the Board may 

entertain oral limited appearance 

statements at a location or locations in 

the vicinity of the Prairie Island facility. 

Notice of any oral limited appearance 

sessions will be published in the 

Federal Register and/or made available 

to the public at the NRC Public 

Document Room and on the NRC Web 

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

Documents relating to this proceeding 

are available for public inspection at the 

NRC’s Public Document Room or 

electronically from the publicly 

available records component of NRC’s 

document system (ADAMS). ADAMS is 

accessible from the NRC Web site at 

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 may contact the NRC 

Public Document Room reference staff 

by telephone at 1–800–397–4209 or 

301–415–4737, or by e-mail to 

pdr@nrc.gov. 

Rockville, Maryland, January 16, 2009. 

It is so ordered. 

For the Atomic Safety and Licensing 

Board 16

William J. Froehlich, 

Chairman Administrative Judge. 

[FR Doc. E9–1578 Filed 1–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–362; NRC–2009–0023] 

Southern California Edison Company; 

San Onofre Nuclear Generating 

Station, Unit 3; Exemption 

1.0 Background 

Southern California Edison Company 

(SCE, the licensee) is the holder of 

Facility Operating License No. NPF–15, 

which authorizes operation of San 

Onofre Nuclear Generating Station, Unit 

3 (SONGS 3). The license provides, 

among other things, that the facility is 

subject to all rules, regulations, and 

orders of the U.S. Nuclear Regulatory 

Commission (NRC, the Commission) 

now or hereafter in effect. 

The facility consists of a pressurizedwater reactor located in San Diego 

County, California. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR), Part 74, Section 

74.19(c), requires that each licensee who 

is authorized to possess special nuclear 

material (SNM), at any one time and site 

location, in a quantity greater than 350 

grams of contained uranium-235, 

uranium-233, or plutonium, or any 

combination thereof, shall conduct a 

physical inventory of all SNM in its 

possession under license at intervals not 

to exceed 12 months. 

By application dated January 14, 

2008, the licensee requested an 

exemption from certain requirements in 

Section 74.19(c) for SONGS 3. The 

exemption would allow SCE not to 

perform the physical inventory for 12 

irradiated fission chambers removed 

from SONGS 3 that are stored in the 

plant. 

3.0 Discussion 

Pursuant to 10 CFR 74.7, the 

Commission may, upon application of 

any interested person or upon its own 

initiative, grant such exemptions from 

the requirements of the regulations in 

this part, when (1) the exemptions are 

authorized by law, will not present 

undue risk to public health and safety, 

and, will not endanger life or property 

or the common defense and security, 

and (2) when special circumstances are 

present. These special circumstances 

include actions to maintain exposures to 

radiation as low as is reasonably 

achievable (ALARA). 

Authorized by Law 

This exemption would exempt the 

licensee from the requirements of 10 

CFR 74.19(c) for the physical inventory 

requirements of 12 irradiated fission 

chambers removed from SONGS 3 in 

1995 and in storage. As stated above, 10 

CFR 74.7 allows the NRC to grant 

exemptions from the requirements of 10 

CFR part 74. The NRC staff has 

determined that granting of the 

licensee’s proposed exemption will not 

result in a violation of the Atomic 

Energy Act of 1954, as amended, or the 

Commission’s regulations. Therefore, 

the exemption is authorized by law. 

No Undue Risk to Public Health and 

Safety 

The underlying purposes of 10 CFR 

74.19 is for licensees to conduct a 

physical inventory of special nuclear 

material in its possession at periodic 

intervals and to retain records 

associated with each physical inventory. 

No changes in the physical or 

administrative controls are associated 

with the special nuclear materials 

related to this request. The licensee will 

continue to conduct an annual 

inventory of the 12 fission chambers by 

visual verification to confirm that the 

high integrity container (HIC), where the 

12 fission chambers are stored, remains 

in its storage location and the container 

is structurally intact. In addition, the 

visual inventory will be augmented to 

include verification that the tamperindicating device installed in November 

2007 on the HIC has not been disturbed. 

Based on the above, no new accident 

precursors are created with the 

exemption from this requirement. Thus, 

the probability of postulated accidents 

is not increased. Also, based on the 

above, the consequences of postulated 

4480 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

accidents are not increased. Therefore, 

there is no undue risk to public health 

and safety. 

Will Not Endanger Life or Property or 

Common Defense and Security 

Physical location and administrative 

controls associated with the storage of 

the 12 irradiated fission chambers are 

adequately controlled and accounted for 

by the licensee. Therefore, the 

exemption will not endanger life or 

property or common defense and 

security. 

Otherwise in the Public Interest 

The licensee pointed out that the 

ALARA requirement in 10 CFR Part 20, 

‘‘Standards for protection against 

radiation,’’ requires ‘‘* * * making 

every reasonable effort to maintain 

exposures to radiation as far below the 

dose limits in this part as is practical 

consistent with the purpose for which 

the licensed activity is undertaken, 

* * *’’ This request for an exemption 

from the physical inventory 

requirements of 10 CFR 74.19(c) would 

relieve SCE of potentially significant 

occupational radiation exposures with 

no decrease in quality and safety. 

Therefore, the exemption is in the 

public interest and consistent with the 

special circumstances of maintaining 

exposures ALARA. 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

74.7, the exemption is authorized by 

law and will not endanger life or 

property or the common defense and 

security, and is otherwise in the public 

interest. Therefore, the Commission 

hereby grants SCE an exemption to 

SONGS 3 from the requirements of 10 

CFR 74.19(c) for physical inventory for 

12 irradiated fission chambers removed 

from SONGS 3 in 1995 and in storage. 

In accordance with the licensee’s letter 

dated January 14, 2008, SCE will 

continue to conduct an annual 

inventory of the 12 fission chambers by 

visual verification to confirm that the 

HIC, where the 12 fission chambers are 

stored, remains in its storage location 

and the container is structurally intact. 

In addition, the visual inventory will be 

augmented to include verification that 

the tamper-indicating device installed 

in November 2007 on the HIC has not 

been disturbed. The annual physical 

inventory of all other SNM will 

continue to be performed per the 

requirements of 10 CFR 74.19(c). 

Pursuant to 10 CFR 51.32, the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (73 FR 79936, 

dated December 30, 2008). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 15th day 

of January 2009. 

For the Nuclear Regulatory Commission 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–1566 Filed 1–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Request for Comments and Notice of 

Public Hearing Concerning Proposed 

Trans-Pacific Partnership Free Trade 

Agreement With Singapore, Chile, New 

Zealand, Brunei Darussalam, Australia, 

Peru and Vietnam 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice of intent to initiate 

negotiations on a Trans-Pacific 

Partnership (TPP) free trade agreement 

with Singapore, Chile, New Zealand, 

Brunei Darussalam, Australia, Peru and 

Vietnam, request for comments, and 

notice of public hearing. 

SUMMARY: The United States intends to 

initiate negotiations on a Trans-Pacific 

Partnership free trade agreement with 

Singapore, Chile, New Zealand, Brunei 

Darussalam, Australia, Peru and 

Vietnam. The interagency Trade Policy 

Staff Committee (TPSC) will convene a 

public hearing and seek public 

comment to assist the United States 

Trade Representative (USTR) in 

amplifying and clarifying negotiating 

objectives for the proposed agreements 

and to provide advice on how specific 

goods and services and other matters 

should be treated under the proposed 

agreement. 

DATES: Persons wishing to testify orally 

at the hearing must provide written 

notification of their intent to testify, as 

well as their testimony, by February 25, 

2009. A hearing will be held in 

Washington, DC, on March 4, 2009, and 

will continue as necessary on 

subsequent days. Written comments are 

due by noon, March 11, 2009. 

ADDRESSES: Notices of intent to testify, 

testimony and/or written comments 

should be submitted electronically via 

the Internet at http:// 

www.regulations.gov. For alternatives to 

on-line submissions please contact 

Gloria Blue, Executive Secretary, Trade 

Policy Staff Committee, at (202) 395– 

3475. 

FOR FURTHER INFORMATION CONTACT: For 

procedural questions concerning written 

comments or participation in the public 

hearing, contact Gloria Blue, Executive 

Secretary, Trade Policy Staff Committee, 

at (202) 395–3475. All other questions 

regarding the TPP should be directed to 

Douglas Bell, Deputy Assistant USTR 

for Southeast Asia and the Pacific, at 

(202) 395–6813. 

SUPPLEMENTARY INFORMATION:

1. Background 

The process followed for notifying 

and consulting on the TPP negotiation 

is based on the procedures outlined 

under section 2104 of the Trade Act of 

2002 (Trade Act) (19 U.S.C. 3804). 

Under these procedures, the President 

must provide the Congress with at least 

90 calendar days written notice of his 

intent to enter into negotiations and 

identify the specific objectives for the 

negotiation and, before and after 

submission of the notice, consult with 

appropriate Congressional committees 

regarding the negotiations. Under the 

Trade Act of 1974, as amended, the 

President must (i) afford interested 

persons an opportunity to present their 

views regarding any matter relevant to 

any proposed agreement, (ii) designate 

an agency or inter-agency committee to 

hold a public hearing regarding any 

proposed agreement, and (iii) seek the 

advice of the U.S. International Trade 

Commission (ITC) regarding the 

probable economic effects on U.S. 

industries and consumers of the 

removal of tariffs and non-tariff barriers 

on imports pursuant to any proposed 

agreement. 

On September 22, 2008 (for 

Singapore, Chile, New Zealand and 

Brunei Darussalam) and December 30, 

2008 (for Australia, Peru and Vietnam), 

after consulting with relevant 

Congressional committees, the USTR 

notified the Congress that the President 

intends to initiate free trade agreement 

negotiations with these Trans-Pacific 

countries and identified specific 

objectives for the negotiations. In 

addition, the USTR is requesting that 

the ITC provide its advice on probable 

economic effects of the free trade 

agreement. This notice solicits views 

from the public on these negotiations 

and provides information on a hearing 

that will be conducted based on the 

requirements of the Trade Act of 1974. 

2. Public Comments and Testimony 

To assist the Administration as it 

continues to develop its negotiating 

objectives for the proposed agreements,