4986 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

Questions about this cancellation 

should be directed to Mr. Andrew 

Kugler at 301–415–2828 or via e-mail at 

Andrew.Kugler@nrc.gov. 

Dated at Rockville, Maryland, this 22nd 

day of January 2009. 

For the Nuclear Regulatory Commission. 

Scott C. Flanders, 

Director, Division of Site and Environmental 

Reviews, Office of New Reactors. 

[FR Doc. E9–1779 Filed 1–27–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–414; NRC–2009–0020] 

Duke Energy Carolinas, LLC; 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. NPF– 

52 issued to Duke Energy Carolinas, LLC 

(the licensee) for operation of the 

Catawba Nuclear Station, Unit 2, located 

in York County, South Carolina. 

The proposed amendment would 

allow a one-time limited duration 

extension of the Technical Specification 

(TS) Surveillance (SR) 3.3.1.4 frequency. 

SR 3.3.1.4 is a Trip Actuating Device 

Operational Test (TADOT) of the reactor 

trip breakers (RTBs) and reactor trip 

bypass breakers. 

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 the proposed amendment involve 

a significant increase in the probability 

or consequences of an accident 

previously evaluated? 

Response: No. 

The Reactor Trip System (RTS) serves as 

accident mitigation equipment and is not 

required to function unless an accident 

occurs. The reactor trip bypass breakers are 

utilized to support testing of the reactor trip 

breakers (RTBs) while at power. This 

equipment does not affect any accident 

initiators or precursors. The proposed 

extension of the Technical Specification (TS) 

Surveillance Requirement (SR) 3.3.1.4 

Frequency for RTBs does not affect its 

interaction with any system whose failure or 

malfunction could initiate an accident. 

Therefore, the probability of an accident 

previously evaluated is not significantly 

increased. 

The risk evaluation performed in support 

of this amendment request demonstrates that 

the consequences of an accident are not 

significantly increased. As such, the 

proposed change does not involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated. 

2. Does the proposed amendment create 

the possibility of a new or different kind 

of accident from any previously 

evaluated? 

Response: No. 

This change does not create the possibility 

of a new or different kind of accident from 

any accident previously evaluated. No new 

accident causal mechanisms are created as a 

result of the NRC granting of this proposed 

change. No changes are being made to the 

plant which will introduce any new or 

different accident causal mechanisms. 

3. Does the proposed amendment involve 

a significant reduction in the margin of 

safety? 

Response: No. 

Based on the availability of the RTS 

equipment and the low probability of an 

accident, Catawba concludes that the 

proposed extension of the surveillance test 

interval does not result in a significant 

reduction in the margin of safety. The margin 

of safety is related to the confidence in the 

ability of the fission product barriers to 

perform their design functions during and 

following an accident situation. These 

barriers include the fuel cladding, the reactor 

coolant system, and the containment system. 

The performance of these fission product 

barriers will not be significantly impacted by 

the proposed change. The risk implications 

of this request were evaluated and found to 

be acceptable. 

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 

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, 

Directives and Editing 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 O1F21, 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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 4987 

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/applycertificates.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/esubmittals.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 

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/esubmittals.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. 

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 


sroberts on PROD1PC70 with NOTICES
4988 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

(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. 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 

January 20, 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 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/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 22nd 

day of January 2009. 

For the Nuclear Regulatory Commission. 

Robert E. Martin, 

Senior Project Manager, Plant Licensing 

Branch II–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–1775 Filed 1–27–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–238; NRC–2009–0019] 

Nuclear Ship Savannah; Notice of 

Receipt and Availability for Comment 

of Post Shutdown Decommissioning 

Activities Report 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of Receipt and 

availability for public inspection and 

comment of Post Shutdown 

Decommissioning Activities Report 

(PSDAR) for the Nuclear Ship Savannah 

(NS Savannah), Facility Operating 

License No. NS–1. 

SUMMARY: On December 11, 2008, the 

U.S. Department of Transportation— 

Maritime Administration (MARAD) 

submitted its PSDAR for the NS 

Savannah. The PSDAR provides an 

overview of MARAD’s proposed 

decommissioning activities, schedule, 

and costs for the NS Savannah. The NS 

Savannah was brought to power in 1961 

and removed from service in 1970. Final 

reactor shutdown occurred in November 

1970 and defueling was completed in 

fall 1971. The NS Savannah is currently 

located at the Canton Marine Terminal 

in Baltimore, Maryland. The PSDAR, 

dated December 11, 2008, was placed in 

NRC’s Agency-wide Document Access 

and Management System (ADAMS) with 

Accession No. ML083500100. 

DATES: Submit comments by February 

13, 2009. Comments received after this 

date will be considered if it is practical 

to do so. 

ADDRESSES: The public is invited to 

submit comments on the PSDAR. 

Comments may be submitted in written 

or electronic form. Comments will be 

made available for public inspection. 

Because your comments will not be 

edited to remove any identifying or 

contact information, the NRC cautions 

you against including any information 

in your submission that you do not want 

to be publicly disclosed. Written 

comments can be mailed to: John T. 

Buckley, U.S. Nuclear Regulatory 

Commission, Mail Stop T8F5, 

Washington, DC 20555–0001. Written 

comments can be hand delivered to: 

11555 Rockville Pike, Rockville, 

Maryland 20852, between 7:30 a.m. and 

4:15 p.m. Federal workdays. The 

PSDAR may be viewed electronically on 

the public computers located at the 

NRC’s Public Document Room (PDR), 

Room O1 F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland. The PDR reproduction 

contractor will copy the PSDAR for a 

fee. The PSDAR is also available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

the public can gain entry into ADAMS, 

which provides text and image files of 

the PSDAR through Accession No. 

ML083500100. If you do not have access 

to ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the PDR Reference 

staff at 1–800–397–4209, 301–415–4737 

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

FOR FURTHER INFORMATION CONTACT: John 

T. Buckley, Division of Waste 

Management and Environmental 

Protection, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Telephone: 301–415– 

6607 or Toll Free: 800–368–5642, x– 

6607, or e-mail john.buckley@nrc.gov. 

Dated at Rockville, Maryland, this 21st day 

of January 2009. 

For the Nuclear Regulatory Commission. 

John T. Buckley, 

Senior Project Manager, Decommissioning 

and Uranium Licensing Directorate, Division 

of Waste Management and Environmental 

Protection, Office of Federal and State 

Materials and Environmental Management 

Programs. 

[FR Doc. E9–1778 Filed 1–27–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: U.S. Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 15c1–5 OMB Control No. 3235–0471 

SEC File No. 270–422. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget 

(‘‘OMB’’) a request for approval of 

extension of the existing collection of 


sroberts on PROD1PC70 with NOTICES