Notice of Acceptance for Docketing of the Application, Notice of Opportunity for Hearing for Facility Operating License No. NPF-003 for an Additional 20-Year Period; Firstenergy Nuclear Operating Company, Davis-Besse Nuclear Power Station, Unit 1, 65528-65531 [2010-26863]

Download as PDF 65528 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical or other technological collection techniques or other forms of information technology. Dated: October 20, 2010. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2010–26917 Filed 10–22–10; 8:45 am] BILLING CODE 7555–01–P NATIONAL SCIENCE FOUNDATION Business and Operations Advisory Committee; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Foundation announces the following meeting: Name: Business and Operations Advisory Committee (9556). Date/Time: November 16, 2010; 1 p.m. to 5:30 p.m. (EST). November 17, 2010; 8 a.m. to 12 p.m. (EST). Place: Arlington Hilton, Gallery II Conference Room. Arlington, VA. Type of Meeting: OPEN. Contact Person: Patty Balanga, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, (703) 292–8100. Purpose of Meeting: To provide advice concerning issues related to the oversight, integrity, development and enhancement of NSF’s business operations. NATIONAL SCIENCE FOUNDATION Membership of National Science Foundation’s Senior Executive Service Performance Review Board National Science Foundation. Announcement of membership of the National Science Foundation’s Senior Executive Service Performance Review Board. AGENCY: ACTION: This announcement of the membership of the National Science Foundation’s Senior Executive Service Performance Review Board is made in compliance with 5 U.S.C. 4314(c)(4). ADDRESSES: Comments should be addressed to Interim Director, Division of Human Resource Management and Chief Human Capital Officer, National Science Foundation, Room 315, 4201 Wilson Boulevard, Arlington, VA 22230. FOR FURTHER INFORMATION CONTACT: Dr. Judith S. Sunley at the above address or (703) 292–8180. SUPPLEMENTARY INFORMATION: The membership of the National Science Foundation’s Senior Executive Service Performance Review Board is as follows: Cora B. Marrett, Acting Deputy Director, Chairperson; Richard A. Behnke, Head, Upper Atmosphere Research Section; Deborah F. Lockhart, Deputy Director, Division of Mathematical Sciences; Martha A. Rubenstein, Director, Office of Budget, Finance and Award Management, and Chief Financial Officer; Brian W. Stone, Deputy Director, Division of Antarctic Infrastructure and Logistics Division; Judith S. Sunley, Interim Director, Division of Human Resource Management and Chief Human Capital Officer; Mark L. Weiss, Director, Division of Behavioral and Cognitive Sciences. SUMMARY: November 16, 2010 Welcome/Introductions; OIRM/CIO/BFA Updates; Human Resources/Capital Topic; Committee Discussion: Prepare for Meeting with NSF Deputy Director; Discussion with Deputy Director; Closing Committee Discussion. Dated: October 18, 2010. Judith S. Sunley, Interim Director, Division of Human Resource Management and Chief Human Capital Officer. [FR Doc. 2010–26763 Filed 10–22–10; 8:45 am] Agenda BILLING CODE 7555–01–M emcdonald on DSK2BSOYB1PROD with NOTICES November 17, 2010 NATIONAL SCIENCE FOUNDATION IT Policy Issues; Open Government; International Facilities Subcommittee; Committee Expectations/Closing Discussions. Membership of the National Science Board’s Senior Executive Service Performance Review Board Dated: October 20, 2010. Susanne Bolton, Committee Management Officer. [FR Doc. 2010–26850 Filed 10–22–10; 8:45 am] BILLING CODE 7555–01–P VerDate Mar<15>2010 16:05 Oct 22, 2010 Jkt 223001 National Science Foundation. Announcement of Membership of the National Science Foundation’s Performance Review Board for the Office of Inspector General and the AGENCY: ACTION: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 National Science Board Office Senior Executive Service positions. This announcement of the membership of the National Science Foundation’s Office of Inspector General and National Science Board Office Senior Executive Service Performance Review Board is made in compliance with 5 U.S.C. 4314(c)(4). ADDRESSES: Comments should be addressed to Interim Director, Division of Human Resource Management and Chief Human Capital Officer, National Science Foundation, Room 315, 4201 Wilson Boulevard, Arlington, VA 22230. FOR FURTHER INFORMATION CONTACT: Dr. Judith S. Sunley at the above address or (703) 292–8180. SUPPLEMENTARY INFORMATION: The membership of the National Science Board’s Senior Executive Service Performance Review Board is as follows: Arthur K. Reilly, Chairman, Audit and Oversight Committee, National Science Board. Judith S. Sunley, Interim Director, Division of Human Resource Management and Chief Human Capital Officer. Plus two members to be selected from the IG community. SUMMARY: Dated: October 18, 2010. Judith S. Sunley, Interim Director, Division of Human Resource Management and Chief Human Capital Officer. [FR Doc. 2010–26761 Filed 10–22–10; 8:45 am] BILLING CODE 7555–01–M NUCLEAR REGULATORY COMMISSION [Docket No. 50–346; NRC–2010–0298] Notice of Acceptance for Docketing of the Application, Notice of Opportunity for Hearing for Facility Operating License No. NPF–003 for an Additional 20-Year Period; Firstenergy Nuclear Operating Company, Davis-Besse Nuclear Power Station, Unit 1 The U.S. Nuclear Regulatory Commission (Commission or NRC) is considering an application for the renewal of operating licenses NPF–003, which authorizes FirstEnergy Nuclear Power Operating Company (FENOC), to operate the Davis-Besse Nuclear Power Station (DBNPS), Unit 1, at 2817 megawatts thermal. The renewed license would authorize the applicant to operate the DBNPS, for an additional 20 years beyond the period specified in the current license. DBNPS is located near Toledo, OH. The current operating license expires on April 22, 2017. E:\FR\FM\25OCN1.SGM 25OCN1 emcdonald on DSK2BSOYB1PROD with NOTICES Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices FENOC submitted the application dated August 27, 2010, pursuant to Title 10 of the Code of Federal Regulations, part 54 (10 CFR part 54) to renew operating license NPF–003. A notice of receipt and availability of the license renewal application (LRA) was published in the Federal Register on September 20, 2010 (75 FR 57299). The Commission has determined that FENOC has submitted sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c), to enable the staff to undertake a review of the application, and the application is therefore acceptable for docketing. The Commission will retain the current Docket No. 50–346, for Operating License No. PF–003. The determination to accept the LRA for docketing does not constitute a determination that a renewed license should be issued, and does not preclude the NRC staff from requesting additional information as the review proceeds. Before issuance of the requested renewed license, the NRC will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. In accordance with 10 CFR 54.29, the NRC may issue a renewed license on the basis of its review if it finds that actions have been identified and have been or will be taken with respect to: (1) Managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified as requiring aging management review, and (2) timelimited aging analyses that have been identified as requiring review, such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the current licensing basis (CLB) and that any changes made to the plant’s CLB will comply with the Act and the Commission’s regulations. Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that is a supplement to the Commission’s NUREG–1437, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants,’’ dated May 1996. In considering the LRA, the Commission must find that the applicable requirements of Subpart A of 10 CFR part 51 have been satisfied, and that matters raised under 10 CFR 2.335 have been addressed. Pursuant to 10 CFR 51.26, and as part of the environmental scoping process, the staff intends to hold public scoping meetings. Detailed information regarding the environmental scoping VerDate Mar<15>2010 16:05 Oct 22, 2010 Jkt 223001 meetings will be the subject of a separate Federal Register notice. Within 60 days after the date of publication of this Federal Register notice, any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene with respect to the renewal of the license. Requests for a hearing or petitions for leave to intervene must be filed in accordance with the Commission’s ‘‘Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders’’ in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 and is accessible from the NRC’s Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at http:// www.nrc.gov/reading-rm/adams.html. Persons who do not have access to the Internet or who encounter problems in accessing the documents located in ADAMS should contact the NRC’s PDR reference staff by telephone at 1–800– 397–4209, or 301–415–4737, or by email at PDR.Resource@nrc.gov. If a request for a hearing/petition for leave to intervene is filed within the 60-day period, 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 Panel will issue a notice of a hearing or an appropriate order. In the event that no request for a hearing or petition for leave to intervene is filed within the 60day period, the NRC may, upon completion of its evaluations and upon making the findings required under 10 CFR parts 51 and 54, renew the license without further notice. 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, taking into consideration the limited scope of matters that may be considered pursuant to 10 CFR parts 51 and 54. The petition must specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) The nature of the requestor’s/petitioner’s right under PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 65529 the Act to be made a party to the proceeding; (2) the nature and extent of the requestor’s/petitioner’s property, financial, or other interest in the proceeding; and (3) 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 set forth 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 requestor/petitioner shall provide a brief explanation of the bases of each contention and a concise statement of the alleged facts or the expert opinion that supports the contention on which the requestor/ petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the requestor/ petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The requestor/petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact.1 Contentions shall be limited to matters within the scope of the action under consideration. The contention must be one that, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. The Commission requests that each contention be given a separate numeric or alpha designation within one of the following groups: (1) Technical (primarily related to safety concerns); (2) environmental; or (3) miscellaneous. As specified in 10 CFR 2.309, if two or more requestors/petitioners seek to co-sponsor a contention or propose substantially the same contention, the requestors/petitioners must jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. 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 1 If the application contains attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicant’s counsel to discuss the need for a protective order. E:\FR\FM\25OCN1.SGM 25OCN1 emcdonald on DSK2BSOYB1PROD with NOTICES 65530 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 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 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 http:// 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 http://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 VerDate Mar<15>2010 16:05 Oct 22, 2010 Jkt 223001 installation of the Web browser plug-in, is available on the NRC’s public Web site at http://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 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 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 http:// www.nrc.gov/site-help/e-submittals. 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 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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 http:// 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. Detailed information about the license renewal process can be found under the Nuclear Reactors icon at http:// www.nrc.gov/reactors/operating/ licensing/renewal.html on the NRC’s Web site. Copies of the application to renew the operating license for DBNPS are available for public inspection at the Commission’s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852– 2738, and at http://www.nrc.gov/ reactors/operating/licensing/renewal/ applications.html, the NRC’s Web site while the application is under review. The application may be accessed in ADAMS through the NRC’s Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/ adams.html under ADAMS Accession Number ML102450572. As stated above, persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS may contact the NRC PDR Reference staff by telephone at 1–800– 397–4209 or 301–415–4737, or by e-mail to PDR.Resource@nrc.gov. E:\FR\FM\25OCN1.SGM 25OCN1 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices The NRC staff has verified that a copy of the license renewal application is also available to local residents near the site at the Ida Rupp Public Library, 310 Madison Street, Port Clinton, OH 43452 and the Toledo-Lucas County Public Library, 325 North Michigan Street, Toledo, OH 43604. Dated at Rockville, Maryland, this 18th day of October 2010. For the Nuclear Regulatory Commission. Brian E. Holian, Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. 2010–26863 Filed 10–22–10; 8:45 am] BILLING CODE 7590–01–P OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Meeting 10:30 a.m. on Tuesday, November 2, 2010. PLACE: The Commission’s National Office at One Lafayette Centre, 1120 20th Street, NW., 9th Floor, Washington, DC 20036–3457. STATUS: This oral argument will be open to the public. MATTERS TO BE CONSIDERED: The Commission will be hearing oral argument in the case of Secretary of Labor v. AKM LLC d/b/a Volks Constructors, Docket No. 06–1990. CONTACT PERSON FOR MORE INFORMATION: John X. Cerveny, Deputy Executive Secretary, (202) 606–5400. TIME AND DATE: John X. Cerveny, Deputy Executive Secretary. [FR Doc. 2010–27077 Filed 10–21–10; 4:15 pm] BILLING CODE 7600–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2011–3 and CP2011–4; Order No. 556] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently-filed Postal Service filing to add Priority Mail Contract 29 to the competitive product list. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with the filing. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Commenters who cannot emcdonald on DSK2BSOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:05 Oct 22, 2010 Jkt 223001 submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, stephen.sharfman@prc.gov or 202–789– 6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Notice of Filing III. Ordering Paragraphs I. Introduction Pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 29 to the competitive product list.1 The Postal Service asserts that Priority Mail Contract 29 is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). Id. at 1. The Postal Service states that prices and classification underlying this contract are supported by Governors’ Decision No. 09–6 in Docket No. MC2009–25. Id. The Request has been assigned Docket No. MC2011–3. The Postal Service contemporaneously filed a contract related to the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. The contract has been assigned Docket No. CP2011–4. Request. In support of its Request, the Postal Service filed six attachments as follows: 1. Attachment A—a redacted copy of Governors’ Decision No. 09–6, originally filed in Docket No. MC2009–25, authorizing certain Priority Mail contracts; 2. Attachment B—a redacted copy of the contract; 3. Attachment C—a proposed change in the Mail Classification Schedule competitive product list; 4. Attachment D—a Statement of Supporting Justification as required by 39 CFR 3020.32; 5. Attachment E—a certification of compliance with 39 U.S.C. 3633(a); and 6. Attachment F—an application for non-public treatment of materials to maintain redacted portions of the contract and supporting documents under seal. In the Statement of Supporting Justification, Brian G. Denneny, Acting 1 Request of the United States Postal Service to Add Priority Mail Contract 29 to Competitive Product List and Notice of Filing (Under Seal) of Contract and Supporting Data, October 4, 2010 (Request). PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 65531 Manager, Sales and Communications, Expedited Shipping, asserts that the service to be provided under the contract will cover its attributable costs, make a positive contribution to institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id., Attachment D. Thus, Mr. Denneny contends there will be no issue of subsidization of competitive products by market dominant products as a result of this contract. Id. Related contract. A redacted version of the specific Priority Mail Contract 29 is included with the Request. The contract will become effective on the day that the Commission provides all necessary regulatory approvals. It is terminable upon 30 days’ notice by a party, but could continue for 3 years. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a). See id., Attachment D. The Postal Service filed much of the supporting materials, including the specific Priority Mail Contract 29, under seal. It maintains that the contract and related financial information, including the customer’s name and the accompanying analyses that provide prices, terms, conditions, cost data, and financial projections should remain under seal. See Attachment F. It also requests that the Commission order that the duration of such treatment of all customer-identifying information be extended indefinitely, instead of ending after 10 years. Id. at 7. II. Notice of Filings The Commission establishes Docket Nos. MC2011–3 and CP2011–4 for consideration of the Request pertaining to the proposed Priority Mail Contract 29 product and the related contract, respectively. Interested persons may submit comments on whether the Postal Service’s filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642 and 39 CFR part 3015 and 39 CFR 3020, subpart B. Comments are due no later than October 13, 2010.2 The public portions of these filings can be accessed via the Commission’s Web site (http:// www.prc.gov). The Commission appoints Paul L. Harrington to serve as Public Representative in these dockets. III. Ordering Paragraphs It is Ordered: 2 For information on filing comments after the deadline, please contact Mr. Sharfman. E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65528-65531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26863]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346; NRC-2010-0298]


Notice of Acceptance for Docketing of the Application, Notice of 
Opportunity for Hearing for Facility Operating License No. NPF-003 for 
an Additional 20-Year Period; Firstenergy Nuclear Operating Company, 
Davis-Besse Nuclear Power Station, Unit 1

    The U.S. Nuclear Regulatory Commission (Commission or NRC) is 
considering an application for the renewal of operating licenses NPF-
003, which authorizes FirstEnergy Nuclear Power Operating Company 
(FENOC), to operate the Davis-Besse Nuclear Power Station (DBNPS), Unit 
1, at 2817 megawatts thermal. The renewed license would authorize the 
applicant to operate the DBNPS, for an additional 20 years beyond the 
period specified in the current license. DBNPS is located near Toledo, 
OH. The current operating license expires on April 22, 2017.

[[Page 65529]]

    FENOC submitted the application dated August 27, 2010, pursuant to 
Title 10 of the Code of Federal Regulations, part 54 (10 CFR part 54) 
to renew operating license NPF-003. A notice of receipt and 
availability of the license renewal application (LRA) was published in 
the Federal Register on September 20, 2010 (75 FR 57299).
    The Commission has determined that FENOC has submitted sufficient 
information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 
51.53(c), to enable the staff to undertake a review of the application, 
and the application is therefore acceptable for docketing. The 
Commission will retain the current Docket No. 50-346, for Operating 
License No. PF-003. The determination to accept the LRA for docketing 
does not constitute a determination that a renewed license should be 
issued, and does not preclude the NRC staff from requesting additional 
information as the review proceeds.
    Before issuance of the requested renewed license, the NRC will have 
made the findings required by the Atomic Energy Act of 1954, as amended 
(the Act), and the Commission's rules and regulations. In accordance 
with 10 CFR 54.29, the NRC may issue a renewed license on the basis of 
its review if it finds that actions have been identified and have been 
or will be taken with respect to: (1) Managing the effects of aging 
during the period of extended operation on the functionality of 
structures and components that have been identified as requiring aging 
management review, and (2) time-limited aging analyses that have been 
identified as requiring review, such that there is reasonable assurance 
that the activities authorized by the renewed license will continue to 
be conducted in accordance with the current licensing basis (CLB) and 
that any changes made to the plant's CLB will comply with the Act and 
the Commission's regulations.
    Additionally, in accordance with 10 CFR 51.95(c), the NRC will 
prepare an environmental impact statement that is a supplement to the 
Commission's NUREG-1437, ``Generic Environmental Impact Statement for 
License Renewal of Nuclear Power Plants,'' dated May 1996. In 
considering the LRA, the Commission must find that the applicable 
requirements of Subpart A of 10 CFR part 51 have been satisfied, and 
that matters raised under 10 CFR 2.335 have been addressed. Pursuant to 
10 CFR 51.26, and as part of the environmental scoping process, the 
staff intends to hold public scoping meetings. Detailed information 
regarding the environmental scoping meetings will be the subject of a 
separate Federal Register notice.
    Within 60 days after the date of publication of this Federal 
Register notice, any person whose interest may be affected by this 
proceeding and who wishes to participate as a party in the proceeding 
must file a written request for a hearing and a petition for leave to 
intervene with respect to the renewal of the license.
    Requests for a hearing or petitions for leave to intervene must be 
filed in accordance with the Commission's ``Rules of Practice for 
Domestic Licensing Proceedings and Issuance of Orders'' in 10 CFR Part 
2. Interested persons should consult a current copy of 10 CFR 2.309, 
which is available at the Commission's Public Document Room (PDR), 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland 20852 and is accessible from the NRC's Agencywide 
Documents Access and Management System (ADAMS) Public Electronic 
Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to the Internet or who 
encounter problems in accessing the documents located in ADAMS should 
contact the NRC's PDR reference staff by telephone at 1-800-397-4209, 
or 301-415-4737, or by e-mail at PDR.Resource@nrc.gov. If a request for 
a hearing/petition for leave to intervene is filed within the 60-day 
period, 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 Panel will issue a notice of a hearing or an 
appropriate order. In the event that no request for a hearing or 
petition for leave to intervene is filed within the 60-day period, the 
NRC may, upon completion of its evaluations and upon making the 
findings required under 10 CFR parts 51 and 54, renew the license 
without further notice.
    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, taking into consideration the limited scope of matters 
that may be considered pursuant to 10 CFR parts 51 and 54. The petition 
must specifically explain the reasons why intervention should be 
permitted with particular reference to the following factors: (1) The 
nature of the requestor's/petitioner's right under the Act to be made a 
party to the proceeding; (2) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding; 
and (3) 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 set forth 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 
requestor/petitioner shall provide a brief explanation of the bases of 
each contention and a concise statement of the alleged facts or the 
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the requestor/petitioner is aware and on 
which the requestor/petitioner intends to rely to establish those facts 
or expert opinion. The requestor/petitioner must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact.\1\ Contentions shall be limited to 
matters within the scope of the action under consideration. The 
contention must be one that, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
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    \1\ If the application contains attachments and supporting 
documents that are not publicly available because they are asserted 
to contain safeguards or proprietary information, petitioners 
desiring access to this information should contact the applicant or 
applicant's counsel to discuss the need for a protective order.
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    The Commission requests that each contention be given a separate 
numeric or alpha designation within one of the following groups: (1) 
Technical (primarily related to safety concerns); (2) environmental; or 
(3) miscellaneous.
    As specified in 10 CFR 2.309, if two or more requestors/petitioners 
seek to co-sponsor a contention or propose substantially the same 
contention, the requestors/petitioners must jointly designate a 
representative who shall have the authority to act for the requestors/
petitioners with respect to that contention.
    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

[[Page 65530]]

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 http://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 
http://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 http://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 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/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 http://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 
http://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.
    Detailed information about the license renewal process can be found 
under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRC's Web site. Copies of the 
application to renew the operating license for DBNPS are available for 
public inspection at the Commission's PDR, located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-
2738, and at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the NRC's Web site while the application is under 
review. The application may be accessed in ADAMS through the NRC's 
Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Number ML102450572. As 
stated above, persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS may contact the 
NRC PDR Reference staff by telephone at 1-800-397-4209 or 301-415-4737, 
or by e-mail to PDR.Resource@nrc.gov.

[[Page 65531]]

    The NRC staff has verified that a copy of the license renewal 
application is also available to local residents near the site at the 
Ida Rupp Public Library, 310 Madison Street, Port Clinton, OH 43452 and 
the Toledo-Lucas County Public Library, 325 North Michigan Street, 
Toledo, OH 43604.


    Dated at Rockville, Maryland, this 18th day of October 2010.

    For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2010-26863 Filed 10-22-10; 8:45 am]
BILLING CODE 7590-01-P