Pacific Gas and Electric Company; Humboldt Bay Independent Spent Fuel Storage Installation; Notice of Issuance of Amendment to Materials License No. SNM-2514, 46247-46249 [E9-21613]
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
STP Nuclear Operating Company,
Docket Nos. 50–498 and 50–499, South
Texas Project, Units 1 and 2, Matagorda
County, Texas
Date of amendment request: March 3,
2009.
Brief description of amendments: The
amendments revised the Technical
Specifications (TS) to eliminate working
hour restrictions from TS 6.2.2 to
support compliance with Title 10 of the
Code of Federal Regulations (10 CFR)
Part 26. The request is consistent with
the guidance contained in the U.S.
Nuclear Regulatory Commission (NRC)approved TS Task Force (TSTF)
Improved Standard Technical
Specification change traveler, TSTF–
511, Revision 0, ‘‘Eliminate Working
Hour Restrictions from TS 5.2.2 to
Support Compliance with 10 CFR Part
26.’’ The availability of this
improvement was announced in the
Federal Register on December 30, 2008
(73 FR 79923), as part of the
Consolidated Line Item Improvement
Process.
Date of issuance: August 18, 2009.
Effective date: As of the date of
issuance and shall be implemented by
October 1, 2009.
Amendment Nos.: Unit 1–192; Unit
2–180.
Facility Operating License Nos. NPF–
76 and NPF–80: The amendments
revised the Facility Operating Licenses
and Technical Specifications.
Date of initial notice in Federal
Register: June 16, 2009 (74 FR 28579).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated August 18,
2009.
No significant hazards consideration
comments received: No.
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Tennessee Valley Authority, Docket
Nos. 50–259, 50–260, and 50–296,
Browns Ferry Nuclear Plant, Units 1, 2,
and 3, Limestone County, Alabama
Date of application for amendments:
March 27, 2008, as supplemented by
letters dated December 19, 2008,
February 9, April 24, and May 26, 2009.
Description of amendment request:
The amendments revised the technical
specifications (TSs) to adopt the content
of Technical Specification Task Force
(TSTF) change traveler TSTF448,
Revision 3, ‘‘Control Room
Habitability.’’ Specifically, the
amendments revised TS 3.7.3, ‘‘Control
Room Emergency Ventilation (CREV)
System,’’ and added TS 5.5.13, ‘‘Control
Room Envelope Habitability Program.’’
The amendments also added a new
license condition regarding initial
performance of the new surveillance
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22:36 Sep 04, 2009
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46247
and assessment requirements of the
revised TSs.
Date of issuance: August 18, 2009.
Effective date: Date of issuance, to be
implemented within 60 days.
Amendment Nos.: 275, 302, and 261.
Renewed Facility Operating License
Nos. DPR–33, DPR–52, and DPR–68:
Amendments revised the Licenses and
Technical Specifications.
Date of initial notice in Federal
Register: August 26, 2008 (73 FR
50362) and revised on January 27, 2009
(74 FR 4775). The supplements dated
February 9, April 24, and May 26, 2009,
provided additional information that
clarified the application, did not expand
the scope of the application as originally
noticed, and did not change the staff’s
original proposed no significant hazards
consideration determination as
published in the Federal Register.
The Commission’s related evaluation
of the amendment is contained in a
Safety Evaluation dated August 18,
2009.
No significant hazards consideration
comments received: No.
Amendment Nos.: 325 and 317.
Facility Operating License Nos. DPR–
77 and DPR–79: Amendments changed
the licenses.
Date of initial notice in Federal
Register: January 13, 2009 (74 FR
1715).
The Commission’s related evaluation
of the amendments is contained in a
Safety Evaluation dated August 14,
2009.
No significant hazards consideration
comments received: No.
Tennessee Valley Authority, Docket
Nos. 50–327 and 50–328, Sequoyah
Nuclear Plant, Units 1 and 2, Hamilton
County, Tennessee
Date of application for amendments:
October 21, 2008.
Brief description of amendments: The
amendments revised Sequoyah Nuclear
Plant’s Updated Final Safety Analysis
Report (UFSAR) to require an inspection
of each ice condenser within 24 hours
of experiencing a seismic event greater
than or equal to an operating basis
earthquake (i.e., 1⁄2 of a safe shutdown
earthquake) within the 5-week period
after ice basket replenishment is
completed. This will confirm that ice
condenser lower inlet doors have not
been blocked by ice fallout.
The proposed amendments provided
a procedural requirement to confirm the
ice condenser maintains the ice
condenser generic qualification as set
forth in the UFSAR. Justification for the
use of the proposed procedural
requirement is based on reasonable
assurance that the ice condenser lower
inlet doors will open following a
seismic event during the 5-week period
and the low probability of a seismic
event occurring coincident with or
subsequently followed by a design basis
accident.
Date of issuance: August 14, 2009.
Effective date: As of the date of
issuance and shall be implemented
within 60 days of issuance. The UFSAR
changes shall be implemented in the
next periodic update made in
accordance with 10 CFR 50.71(e).
Pacific Gas and Electric Company;
Humboldt Bay Independent Spent Fuel
Storage Installation; Notice of
Issuance of Amendment to Materials
License No. SNM–2514
PO 00000
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Dated at Rockville, Maryland, this 27th day
of August, 2009.
For The Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–21389 Filed 9–4–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–27; NRC–2009–0205]
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of Issuance of
Amendment to Materials License SNM–
2514.
DATES: A request for a hearing must be
filed by November 9, 2009.
FOR FURTHER INFORMATION CONTACT:
Shana R. Helton, Senior Project
Manager, Division of Spent Fuel Storage
and Transportation, Office of Nuclear
Material Safety and Safeguards, Mail
Stop EBB–3D–02M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001. Telephone: (301) 492–
3284; e-mail: shana.helton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On November 17, 2005, the U.S.
Nuclear Regulatory Commission (NRC)
issued NRC Materials License No.
SNM–2514 to the Pacific Gas and
Electric Company (PG&E) for the
Humboldt Bay Independent Spent Fuel
Storage Installation (ISFSI), located in
Humboldt County, California. The
license authorizes PG&E to receive,
possess, store, and transfer spent
nuclear fuel and associated radioactive
materials resulting from the operation of
the Humboldt Bay Power Plant in an
ISFSI at the power plant site for a term
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
of 20 years. The NRC staff also issued
an Environmental Assessment and
Finding of No Significant Impact related
to the issuance of the initial ISFSI
license on November 16, 2005, in
accordance with the National
Environmental Policy Act, and in
conformance with the applicable
requirements of 10 CFR Part 51.
On April 20, 2009, PG&E submitted
an application to NRC, in accordance
with 10 CFR Part 72, requesting an
amendment to NRC Materials License
No. SNM–2514. PG&E’s application
requested that the ISFSI license be
amended to allow for the relocation of
the Humboldt Bay ISFSI quality
assurance (QA) requirements from the
Diablo Canyon Power Plant Part 50 QA
plan to the Humboldt Bay Power Plant
Part 50 QA plan.
The current license states that, prior
to the termination of the Part 50 license
for the Diablo Canyon Power Plant,
PG&E would be required to submit a 10
CFR Part 72, Subpart G, compliant QA
plan, for the Humboldt Bay ISFSI, to the
NRC for approval. The proposed
amendment seeks to link this
requirement to the termination of the
Humboldt Bay Power Plant Part 50
license rather than the termination of
the Diablo Canyon Power Plan Part 50
license. The proposed amendment
retains the requirement for PG&E to
submit a Subpart G compliant QA plan
to the NRC for approval, prior to
terminating the controlling Part 50
license.
In accordance with 10 CFR 72.16, a
Notice of Docketing was published in
the Federal Register on May 14, 2009.
Pursuant to 10 CFR 72.46, the NRC has
approved and issued Amendment No. 2
to Materials License No. SNM–2514
held by PG&E for the receipt,
possession, transfer, and storage of
spent fuel at the Humboldt Bay ISFSI.
Amendment No. 2 authorizes relocating
the Humboldt Bay ISFSI QA plan from
the Diablo Canyon Power Plant Part 50
QA Program to the Humboldt Bay Power
Plant Part 50 QA Plan. Amendment No.
2 is effective as of the date of issuance.
Amendment No. 2 complies with the
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the NRC’s rules and
regulations. The NRC has made
appropriate findings, as required by the
Act and the NRC’s rules and regulations
in 10 CFR Chapter I, which are set forth
in Amendment No. 2. The issuance of
Amendment No. 2 satisfied the criteria
specified in 10 CFR 51.22(c)(11) for a
categorical exclusion. Thus, the
preparation of an environmental
assessment or an environmental impact
statement is not required.
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II. Opportunity To Request a Hearing
In accordance with 10 CFR
72.46(b)(2), the staff has determined that
this license amendment, requesting the
relocation of the Humboldt Bay ISFSI
QA plan, does not present a genuine
issue as to whether public health and
safety will be significantly affected.
Therefore, the publication of a notice of
proposed action and an opportunity for
hearing or a notice of hearing is not
warranted. Notice is hereby given of the
right of interested persons to request a
hearing on whether the action should be
rescinded or modified.
Any person whose interest may be
affected by this proceeding and who
desires to have this action rescinded or
modified must file a request for a
hearing and, a specification of the
contentions which the person seeks to
have litigated in the hearing, in
accordance with the NRC E–Filing rule,
which the NRC promulgated on August
28, 2007 (72 FR 49139). All documents
filed in NRC adjudicatory proceedings,
including documents filed by interested
governmental entities participating
under 10 CFR 2.315(c) and any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, must be filed in accordance
with the E–Filing rule. The E–Filing
rule 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 should contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@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 https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
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Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://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, they 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
https://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 using
the agency’s adjudicatory e-filing system
may seek assistance through the
‘‘Contact Us’’ link located on the NRC
Web site at https://www.nrc.gov/sitehelp/e-submittals.html or by calling the
NRC Meta-System Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
Meta-System 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, in
accordance with 10 CFR 2.302(g), file an
exemption request 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,
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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 first-class 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, the presiding officer, or
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 https://
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
social security 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 submission.
The formal requirements for
documents contained in 10 CFR
2.304(c)–(e) must be met. If the NRC
grants an electronic document
exemption in accordance with 10 CFR
2.302(g)(3)), then the requirements for
paper documents, set forth in 10 CFR
2.304(b) must be met.
In accordance with 10 CFR 2.309(b),
a request for a hearing must be filed by
November 9, 2009.
In addition to meeting other
applicable requirements of 10 CFR
2.309, 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
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proceeding on the requester’s interest;
and
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 petition 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 (including the applicant’s
environmental report and safety report)
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 an applicant or
licensee, or otherwise available to the
petitioner. The requester/petitioner may
amend those contentions or file new
contentions if there are data or
conclusions in the NRC documents that
differ significantly from the data or
conclusions in the applicant’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
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46249
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 accordance with the E–Filing rule,
within ten 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.
III. Further Information
The NRC has prepared a Safety
Evaluation Report (SER) that documents
the staff’s review and evaluation of the
amendment. In accordance with 10 CFR
2.390 of NRC’s ‘‘Rules of Practice,’’ final
NRC records and documents related to
this action, including the application for
amendment and supporting
documentation and the SER, are
available electronically at the NRC’s
Electronic Reading Room, at: https://
www.nrc.gov/reading-rm/adams.html.
From this site, you can access NRC’s
Agencywide Document Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. The ADAMS
Accession Number for the application,
dated April 20, 2009, is ML091190693.
The ADAMS Accession Number for the
staff’s SER is ML092400409.
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
NRC’s 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 NRC’s PDR, O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents, for a fee.
Dated at Rockville, Maryland, this 28th day
of August, 2009.
For the Nuclear Regulatory Commission.
Shana R. Helton,
Senior Project Manager, Licensing Branch,
Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E9–21613 Filed 9–4–09; 8:45 am]
BILLING CODE 7590–01–P
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Agencies
[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Pages 46247-46249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21613]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-27; NRC-2009-0205]
Pacific Gas and Electric Company; Humboldt Bay Independent Spent
Fuel Storage Installation; Notice of Issuance of Amendment to Materials
License No. SNM-2514
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Issuance of Amendment to Materials License SNM-2514.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by November 9, 2009.
FOR FURTHER INFORMATION CONTACT: Shana R. Helton, Senior Project
Manager, Division of Spent Fuel Storage and Transportation, Office of
Nuclear Material Safety and Safeguards, Mail Stop EBB-3D-02M, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:
(301) 492-3284; e-mail: shana.helton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On November 17, 2005, the U.S. Nuclear Regulatory Commission (NRC)
issued NRC Materials License No. SNM-2514 to the Pacific Gas and
Electric Company (PG&E) for the Humboldt Bay Independent Spent Fuel
Storage Installation (ISFSI), located in Humboldt County, California.
The license authorizes PG&E to receive, possess, store, and transfer
spent nuclear fuel and associated radioactive materials resulting from
the operation of the Humboldt Bay Power Plant in an ISFSI at the power
plant site for a term
[[Page 46248]]
of 20 years. The NRC staff also issued an Environmental Assessment and
Finding of No Significant Impact related to the issuance of the initial
ISFSI license on November 16, 2005, in accordance with the National
Environmental Policy Act, and in conformance with the applicable
requirements of 10 CFR Part 51.
On April 20, 2009, PG&E submitted an application to NRC, in
accordance with 10 CFR Part 72, requesting an amendment to NRC
Materials License No. SNM-2514. PG&E's application requested that the
ISFSI license be amended to allow for the relocation of the Humboldt
Bay ISFSI quality assurance (QA) requirements from the Diablo Canyon
Power Plant Part 50 QA plan to the Humboldt Bay Power Plant Part 50 QA
plan.
The current license states that, prior to the termination of the
Part 50 license for the Diablo Canyon Power Plant, PG&E would be
required to submit a 10 CFR Part 72, Subpart G, compliant QA plan, for
the Humboldt Bay ISFSI, to the NRC for approval. The proposed amendment
seeks to link this requirement to the termination of the Humboldt Bay
Power Plant Part 50 license rather than the termination of the Diablo
Canyon Power Plan Part 50 license. The proposed amendment retains the
requirement for PG&E to submit a Subpart G compliant QA plan to the NRC
for approval, prior to terminating the controlling Part 50 license.
In accordance with 10 CFR 72.16, a Notice of Docketing was
published in the Federal Register on May 14, 2009. Pursuant to 10 CFR
72.46, the NRC has approved and issued Amendment No. 2 to Materials
License No. SNM-2514 held by PG&E for the receipt, possession,
transfer, and storage of spent fuel at the Humboldt Bay ISFSI.
Amendment No. 2 authorizes relocating the Humboldt Bay ISFSI QA plan
from the Diablo Canyon Power Plant Part 50 QA Program to the Humboldt
Bay Power Plant Part 50 QA Plan. Amendment No. 2 is effective as of the
date of issuance.
Amendment No. 2 complies with the standards and requirements of the
Atomic Energy Act of 1954, as amended (the Act), and the NRC's rules
and regulations. The NRC has made appropriate findings, as required by
the Act and the NRC's rules and regulations in 10 CFR Chapter I, which
are set forth in Amendment No. 2. The issuance of Amendment No. 2
satisfied the criteria specified in 10 CFR 51.22(c)(11) for a
categorical exclusion. Thus, the preparation of an environmental
assessment or an environmental impact statement is not required.
II. Opportunity To Request a Hearing
In accordance with 10 CFR 72.46(b)(2), the staff has determined
that this license amendment, requesting the relocation of the Humboldt
Bay ISFSI QA plan, does not present a genuine issue as to whether
public health and safety will be significantly affected. Therefore, the
publication of a notice of proposed action and an opportunity for
hearing or a notice of hearing is not warranted. Notice is hereby given
of the right of interested persons to request a hearing on whether the
action should be rescinded or modified.
Any person whose interest may be affected by this proceeding and
who desires to have this action rescinded or modified must file a
request for a hearing and, a specification of the contentions which the
person seeks to have litigated in the hearing, in accordance with the
NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR
49139). All documents filed in NRC adjudicatory proceedings, including
documents filed by interested governmental entities participating under
10 CFR 2.315(c) and any motion or other document filed in the
proceeding prior to the submission of a request for hearing or petition
to intervene, must be filed in accordance with the E-Filing rule. The
E-Filing rule 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
should contact the Office of the Secretary by e-mail at
HEARINGDOCKET@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 NRC-issued 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 https://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at https://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, they 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 https://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 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 using the agency's adjudicatory e-
filing system may seek assistance through the ``Contact Us'' link
located on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Meta-System Help Desk, which is
available between 8 a.m. and 8 p.m., Eastern Time, Monday through
Friday, excluding government holidays. The Meta-System 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, in accordance with 10 CFR
2.302(g), file an exemption request 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,
[[Page 46249]]
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 first-class 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, the presiding
officer, or 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
https://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 social
security 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 submission.
The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in
accordance with 10 CFR 2.302(g)(3)), then the requirements for paper
documents, set forth in 10 CFR 2.304(b) must be met.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by November 9, 2009.
In addition to meeting other applicable requirements of 10 CFR
2.309, 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
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
petition 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 (including the applicant's environmental report and safety
report) 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 an applicant or licensee, or otherwise
available to the petitioner. The requester/petitioner may amend those
contentions or file new contentions if there are data or conclusions in
the NRC documents that differ significantly from the data or
conclusions in the applicant'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 accordance with the E-Filing rule, within ten 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.
III. Further Information
The NRC has prepared a Safety Evaluation Report (SER) that
documents the staff's review and evaluation of the amendment. In
accordance with 10 CFR 2.390 of NRC's ``Rules of Practice,'' final NRC
records and documents related to this action, including the application
for amendment and supporting documentation and the SER, are available
electronically at the NRC's Electronic Reading Room, at: https://www.nrc.gov/reading-rm/adams.html. From this site, you can access NRC's
Agencywide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The ADAMS
Accession Number for the application, dated April 20, 2009, is
ML091190693. The ADAMS Accession Number for the staff's SER is
ML092400409.
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact NRC's 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 NRC's PDR, O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor
will copy documents, for a fee.
Dated at Rockville, Maryland, this 28th day of August, 2009.
For the Nuclear Regulatory Commission.
Shana R. Helton,
Senior Project Manager, Licensing Branch, Division of Spent Fuel
Storage and Transportation, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E9-21613 Filed 9-4-09; 8:45 am]
BILLING CODE 7590-01-P