Pacific Gas and Electric Company; Diablo Canyon Independent Spent Fuel Storage Installation; Notice of Issuance of Amendment to Materials License No. SNM-2511, 12315-12317 [2010-5563]
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Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Notices
detailed technical information that
supports the described solution for
meeting the identified requirements.
Because of the large scope of the
proposed modifications and upgrades,
significant engineering analysis, design,
and planning are required to ensure
system effectiveness upon completion of
the four projects. In addition to projectspecific tasks and procurement details,
the TVA has also identified a variety of
site-specific considerations that will
impact the final completion date, such
as refueling outages, manpower
resources, engineering/design changes
during construction, and/or weather
conditions that may impact completion
milestones. As with all construction
activities, the licensee must also
account for site-specific safety and
construction methods regarding the
areas in which work is to be performed,
the location of existing infrastructure
such as buried power lines, and/or
unanticipated delays that could
significantly impact the project
schedules. These site-specific safety and
construction methods must be
accounted for in the proposed schedule
that, in turn, impacts the final
compliance date requested. The TVA
has contracted a common provider to
perform design work at two other TVA
sites concurrently with work required at
the WBN, Units 1 and 2. The licensee
has provided a coordinated/combined
schedule for all four projects at WBN,
Units 1 and 2 that outlines the sequence
in which work must be conducted to
ensure effective system connectivity.
The required tasks/changes must be
completed in sequence at each site to
support all program upgrades being
performed and to ensure effective
connectivity of each project.
The upgrades that the licensee
identified within their exemption
request support their solution for
meeting the three specified
requirements, and the proposed
schedule is supported by the complexity
and scope of the projects described to
include tasks and sub-tasks, timing
issues, and potential delays.
The proposed implementation
schedule depicts the critical activity
milestones of the security system
upgrades; is consistent with the
licensee’s solution for meeting the
requirements; is consistent with the
scope of the modifications and the
issues and challenges identified; and is
consistent with the licensee’s requested
compliance date.
Notwithstanding the schedular
exemptions for these limited
requirements, the licensee will continue
to be in compliance with all other
applicable physical security
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15:34 Mar 12, 2010
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requirements as described in 10 CFR
73.55 and reflected in its current NRC
approved physical security program. By
September 24, 2012, WBN, Units 1 and
2 will be in full compliance with all the
regulatory requirements of 10 CFR
73.55, as issued on March 27, 2009.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The staff has reviewed the licensee’s
submittals and concludes that the
licensee has provided adequate
justification for its request for an
extension of the compliance date to
September 24, 2012, with regard to three
specified requirements of 10 CFR 73.55.
Accordingly, the Commission has
determined that pursuant to 10 CFR
73.5, ‘‘Specific exemptions,’’ exemption
from the March 31, 2010, compliance
date 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 the requested
exemption.
The NRC staff has determined that the
long-term benefits that will be realized
when the security system upgrades are
complete justify exceeding the full
compliance date and the proposed
implementation schedule is consistent
with the scope of the modifications in
the case of this particular licensee. The
security measures WBN, Units 1 and 2
needs additional time to implement are
new requirements imposed by March
27, 2009, amendments to 10 CFR 73.55,
and are in addition to those required by
the security orders issued in response to
the events of September 11, 2001.
Therefore, the NRC staff concludes that
the licensee’s actions are in the best
interest of protecting the public health
and safety through the security changes
that will result from granting this
exemption.
As per the licensee’s request and the
NRC’s regulatory authority to grant an
exemption from the March 31, 2010,
implementation deadline for the three
items specified in Enclosure 1 of the
TVA letter dated November 6, 2009, as
supplemented by letter dated January
11, 2010, the licensee is required to be
in full compliance by September 24,
2012. In achieving compliance, the
licensee is reminded that it is
responsible for determining the
appropriate licensing mechanism (i.e.,
10 CFR 50.54(p) or 10 CFR 50.90) for
incorporation of all necessary changes
to its security plans.
Pursuant to 10 CFR 51.32, ‘‘Finding of
no significant impact,’’ the Commission
has previously determined that the
granting of this exemption will not have
a significant effect on the quality of the
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12315
human environment (75 FR 3945, dated
January 25, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 9th day
of March 2010.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–5556 Filed 3–12–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–26; NRC–2009–0569]
Pacific Gas and Electric Company;
Diablo Canyon Independent Spent Fuel
Storage Installation; Notice of
Issuance of Amendment to Materials
License No. SNM–2511
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of Issuance of
Amendment to Materials License No.
SNM–2511.
DATES: A request for a hearing must be
filed by May 14, 2010.
FOR FURTHER INFORMATION CONTACT: John
Goshen, 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) 492–3325; e-mail:
john.goshen@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 22, 2004, the U.S. Nuclear
Regulatory Commission (NRC) issued
NRC Materials License No. SNM–2511
to the Pacific Gas and Electric Company
(PG&E) for the Diablo Canyon
Independent Spent Fuel Storage
Installation (ISFSI), located at the Diablo
Canyon Nuclear Power Plant, Unit Nos.
1 and 2 site in San Luis Obispo 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 Diablo Canyon Nuclear
Power Plant, Unit Nos. 1 and 2 in an
ISFSI at the power plant site for a term
of 20 years. The NRC staff published a
Notice of Issuance of Environmental
Assessment and Finding of No
Significant Impact (EA/FONSI) for the
approval of the Diablo Canyon ISFSI
license in the Federal Register on
October 30, 2003 (68 FR 61838), in
E:\FR\FM\15MRN1.SGM
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emcdonald on DSK2BSOYB1PROD with NOTICES
12316
Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Notices
accordance with the National
Environmental Policy Act, and in
conformance with the applicable
requirements of 10 CFR Part 51.
Additionally, the NRC published a
supplement to this EA/FONSI on
September 10, 2007 (72 FR 51687), in
response to the decision of the United
States Court of Appeals for the Ninth
Circuit in San Luis Obispo Mothers for
Peace v. NRC, 493 F.3d 1016 (9th Cir.
2006), and a related addendum to this
supplement on November 15, 2007 (72
FR 64252).
By application dated April 7, 2008, as
supplemented September 1, November
23, December 31, 2009, and January 22,
2010, PG&E submitted an application to
NRC, in accordance with 10 CFR Part
72, requesting an amendment to NRC
Materials License No. SNM–2511.
PG&E’s application requested that the
ISFSI Technical Specifications (TS) be
revised as follows:
1. Revise TS 3.1.1, ‘‘Multi-Purpose
Canister (MPC),’’ to clarify the required
Helium leak rate condition and the leak
rate testing requirements;
2. Delete TS 3.1.4, ‘‘Spent Fuel Storage
Cask (SFSC) Time Limitation in Cask
Transfer Facility (CTF),’’ based on
analysis of the thermal performance of
the Holtec HI–STORM 100 system
which shows there is no need for a
required time limitation in the CTF;
3. Revise TS 3.2.1, ‘‘Dissolved Boron
Concentration,’’ to modify the dissolved
boron concentrations required for MPC–
32 canisters and, to allow linear
interpolation for some enrichments
consistent with the Holtec International
(Holtec) Certificate of Compliance (CoC)
No.1014, Amendment 3, for the HI–
STORM 100 system;
4. Add a note to both surveillance
requirements of TS 3.2.1 to limit the
monitoring requirement consistent with
the Holtec CoC No.1014, Amendment 1,
for the HI–STORM 100 system;
5. Revise TS 4.1.1.a, b, and c, ‘‘Design
Features Significant to Safety,’’ to allow
use of Metamic Boron-10 as a neutron
absorber for each of the specified MPC
consistent with Holtec CoC No.1014,
Amendment 2, for the HI–STORM 100
system, and add TS 4.1.2, ‘‘Design
Features Important to Criticality
Control,’’ to define the material and
testing requirements for the use of
Metamic;
6. Change the title of TS 4.3.4.a,
‘‘Permanent Load Handling Equipment,’’
to ‘‘Weldment and Reinforced Concrete,’’
which more correctly reflect the subject
of the TS subparagraphs;
7. Revise TS 4.3.4.b, ‘‘Mobile Load
Handling Equipment,’’ to replace the
term ‘‘permanent load handling
equipment’’ with the term ‘‘the cask
VerDate Nov<24>2008
15:34 Mar 12, 2010
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transporter,’’ as the transporter is not
considered a mobile load handling
equipment within the context of TS
4.3.4.b; and
8. Revise item b of TS 5.1.3, ‘‘MPC and
SFSC Loading, Unloading, and
Preparation Program,’’ to clarify the
maintenance of the required conditions
in the annular gap between the MPC
and the transfer cask depending on
which drying process is used and fuel
heat load during MPC loading or
unloading operations.
In accordance with 10 CFR 72.16, a
Notice of Docketing was published in
the Federal Register on December 28,
2009 (74 FR 68638). Pursuant to 10 CFR
72.46(b)(2), on February 10, 2010, the
NRC approved and issued Amendment
No. 1 to Materials License No. SNM–
2511, held by PG&E for the receipt,
possession, transfer, and storage of
spent fuel at the Diablo Canyon ISFSI.
Amendment No. 1 was effective as of
the date of issuance.
Amendment No. 1 complies with the
standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the NRC’s rules and
regulations. As required by the Act and
the NRC’s rules and regulations in 10
CFR Chapter I, the NRC has made
appropriate findings, which are set forth
in Amendment No. 1 Safety Evaluation
Report (SER). The issuance of
Amendment No. 1 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 determined that
this license amendment did not present
a genuine issue as to whether public
health and safety would be significantly
affected. Therefore, the publication of a
notice of proposed action and an
opportunity for hearing or a notice of
hearing was 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.
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
(72 FR 49139, August 28, 2007). The EFiling process requires participants to
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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 an exemption 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
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (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 (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
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. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Meta System Help Desk will not be able
to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through EIE, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
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Federal Register / Vol. 75, No. 49 / Monday, March 15, 2010 / Notices
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 documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
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
E-Filing system also distributes an email 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 by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by 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. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
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, or the presiding
officer. Participants are requested not to
12317
include personal privacy information,
such as social security numbers, home
addresses, or home phone numbers in
their filings, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Petitions for leave to intervene must
be filed no later than 60 days from
March 15, 2010. Non-timely filings will
not be entertained absent a
determination by the presiding officer
that the petition or request should be
granted or the contentions should be
admitted, based on a balancing of the
factors specified in 10 CFR
2.309(c)(1)(i)–(viii).
III. Further information
The NRC has prepared a 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 Numbers for the applicable
documents are:
Date
ADAMS
Accession No.
License Amendment Request ...............................................................
Response to First Request for Additional Information ..........................
Response to Second Request for Additional Information .....................
Response to Request for Supplemental Information ............................
Response to Request for Supplemental Information ............................
License Amendment No. 1 Issuance Package .....................................
Safety Evaluation Report ......................................................................
emcdonald on DSK2BSOYB1PROD with NOTICES
Document
April 7, 2008 ...................................................................
September 1, 2009 .........................................................
November 23, 2009 ........................................................
December 31, 2009 ........................................................
January 22, 2010 ............................................................
February 10, 2010 ..........................................................
February 10, 2010 ..........................................................
ML081070073
ML092530178
ML093270488
ML100120650
ML100280414
ML100360010
ML100360046
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
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15:34 Mar 12, 2010
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reproduction contractor will copy
documents, for a fee.
Dated at Rockville, Maryland, this 8th day
of March, 2010.
PO 00000
For the Nuclear Regulatory Commission.
John Goshen,
P. E., Project Manager, Licensing Branch,
Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2010–5563 Filed 3–12–10; 8:45 am]
BILLING CODE 7590–01–P
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Agencies
[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Notices]
[Pages 12315-12317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5563]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-26; NRC-2009-0569]
Pacific Gas and Electric Company; Diablo Canyon Independent Spent
Fuel Storage Installation; Notice of Issuance of Amendment to Materials
License No. SNM-2511
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Issuance of Amendment to Materials License No. SNM-
2511.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by May 14, 2010.
FOR FURTHER INFORMATION CONTACT: John Goshen, 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) 492-3325; e-
mail: john.goshen@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 22, 2004, the U.S. Nuclear Regulatory Commission (NRC)
issued NRC Materials License No. SNM-2511 to the Pacific Gas and
Electric Company (PG&E) for the Diablo Canyon Independent Spent Fuel
Storage Installation (ISFSI), located at the Diablo Canyon Nuclear
Power Plant, Unit Nos. 1 and 2 site in San Luis Obispo 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 Diablo Canyon Nuclear Power Plant,
Unit Nos. 1 and 2 in an ISFSI at the power plant site for a term of 20
years. The NRC staff published a Notice of Issuance of Environmental
Assessment and Finding of No Significant Impact (EA/FONSI) for the
approval of the Diablo Canyon ISFSI license in the Federal Register on
October 30, 2003 (68 FR 61838), in
[[Page 12316]]
accordance with the National Environmental Policy Act, and in
conformance with the applicable requirements of 10 CFR Part 51.
Additionally, the NRC published a supplement to this EA/FONSI on
September 10, 2007 (72 FR 51687), in response to the decision of the
United States Court of Appeals for the Ninth Circuit in San Luis Obispo
Mothers for Peace v. NRC, 493 F.3d 1016 (9th Cir. 2006), and a related
addendum to this supplement on November 15, 2007 (72 FR 64252).
By application dated April 7, 2008, as supplemented September 1,
November 23, December 31, 2009, and January 22, 2010, PG&E submitted an
application to NRC, in accordance with 10 CFR Part 72, requesting an
amendment to NRC Materials License No. SNM-2511. PG&E's application
requested that the ISFSI Technical Specifications (TS) be revised as
follows:
1. Revise TS 3.1.1, ``Multi-Purpose Canister (MPC),'' to clarify
the required Helium leak rate condition and the leak rate testing
requirements;
2. Delete TS 3.1.4, ``Spent Fuel Storage Cask (SFSC) Time
Limitation in Cask Transfer Facility (CTF),'' based on analysis of the
thermal performance of the Holtec HI-STORM 100 system which shows there
is no need for a required time limitation in the CTF;
3. Revise TS 3.2.1, ``Dissolved Boron Concentration,'' to modify
the dissolved boron concentrations required for MPC-32 canisters and,
to allow linear interpolation for some enrichments consistent with the
Holtec International (Holtec) Certificate of Compliance (CoC) No.1014,
Amendment 3, for the HI-STORM 100 system;
4. Add a note to both surveillance requirements of TS 3.2.1 to
limit the monitoring requirement consistent with the Holtec CoC
No.1014, Amendment 1, for the HI-STORM 100 system;
5. Revise TS 4.1.1.a, b, and c, ``Design Features Significant to
Safety,'' to allow use of Metamic Boron-10 as a neutron absorber for
each of the specified MPC consistent with Holtec CoC No.1014, Amendment
2, for the HI-STORM 100 system, and add TS 4.1.2, ``Design Features
Important to Criticality Control,'' to define the material and testing
requirements for the use of Metamic;
6. Change the title of TS 4.3.4.a, ``Permanent Load Handling
Equipment,'' to ``Weldment and Reinforced Concrete,'' which more
correctly reflect the subject of the TS subparagraphs;
7. Revise TS 4.3.4.b, ``Mobile Load Handling Equipment,'' to
replace the term ``permanent load handling equipment'' with the term
``the cask transporter,'' as the transporter is not considered a mobile
load handling equipment within the context of TS 4.3.4.b; and
8. Revise item b of TS 5.1.3, ``MPC and SFSC Loading, Unloading,
and Preparation Program,'' to clarify the maintenance of the required
conditions in the annular gap between the MPC and the transfer cask
depending on which drying process is used and fuel heat load during MPC
loading or unloading operations.
In accordance with 10 CFR 72.16, a Notice of Docketing was
published in the Federal Register on December 28, 2009 (74 FR 68638).
Pursuant to 10 CFR 72.46(b)(2), on February 10, 2010, the NRC approved
and issued Amendment No. 1 to Materials License No. SNM-2511, held by
PG&E for the receipt, possession, transfer, and storage of spent fuel
at the Diablo Canyon ISFSI. Amendment No. 1 was effective as of the
date of issuance.
Amendment No. 1 complies with the standards and requirements of the
Atomic Energy Act of 1954, as amended (the Act), and the NRC's rules
and regulations. As required by the Act and the NRC's rules and
regulations in 10 CFR Chapter I, the NRC has made appropriate findings,
which are set forth in Amendment No. 1 Safety Evaluation Report (SER).
The issuance of Amendment No. 1 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 determined that
this license amendment did not present a genuine issue as to whether
public health and safety would be significantly affected. Therefore,
the publication of a notice of proposed action and an opportunity for
hearing or a notice of hearing was 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.
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 (72 FR 49139,
August 28, 2007). 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 an exemption 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 participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition
[[Page 12317]]
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 documents are submitted
through the NRC's E-Filing system. To be timely, an electronic filing
must be submitted to the E-Filing 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 E-Filing 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 by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
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. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
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, or the presiding officer. Participants
are requested not to include personal privacy information, such as
social security numbers, home addresses, or home phone numbers in their
filings, unless an NRC regulation or other law requires submission of
such information. With respect to copyrighted works, except for limited
excerpts that serve the purpose of the adjudicatory filings and would
constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from March 15, 2010. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted or the contentions should be admitted, based
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
III. Further information
The NRC has prepared a 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 Numbers for the applicable
documents are:
------------------------------------------------------------------------
Document Date ADAMS Accession No.
------------------------------------------------------------------------
License Amendment Request..... April 7, 2008..... ML081070073
Response to First Request for September 1, 2009. ML092530178
Additional Information.
Response to Second Request for November 23, 2009. ML093270488
Additional Information.
Response to Request for December 31, 2009. ML100120650
Supplemental Information.
Response to Request for January 22, 2010.. ML100280414
Supplemental Information.
License Amendment No. 1 February 10, 2010. ML100360010
Issuance Package.
Safety Evaluation Report...... February 10, 2010. ML100360046
------------------------------------------------------------------------
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 8th day of March, 2010.
For the Nuclear Regulatory Commission.
John Goshen,
P. E., Project Manager, Licensing Branch, Division of Spent Fuel
Storage and Transportation, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2010-5563 Filed 3-12-10; 8:45 am]
BILLING CODE 7590-01-P