Exelon Generation Company, LLC; Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing, 69707-69709 [2010-28635]
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Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices
Comments can also be e-mailed to
Christine.J.Kymn@omb.eop.gov or
submitted by telephone at (202) 395–
4638.
The NRC Clearance Officer is
Tremaine Donnell, (301) 415–6258.
Dated at Rockville, Maryland, this 5th day
of November, 2010.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2010–28637 Filed 11–12–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. NRC–2010–0332]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Nuclear Regulatory
Commission (NRC).
ACTION: Notice of pending NRC action to
submit an information collection
request to the Office of Management and
Budget (OMB) and solicitation of public
comment.
AGENCY:
The NRC invites public
comment about our intention to request
the OMB’s approval for renewal of an
existing information collection that is
summarized below. We are required to
publish this notice in the Federal
Register under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35).
Information pertaining to the
requirement to be submitted:
1. The title of the information
collection: DOE/NRC Form 740M,
‘‘Concise Note’’ and NUREG/BR–0006,
Revision 7, ‘‘Instructions for Completing
Nuclear Material Transaction Reports,
(DOE/NRC Forms 741 and 740M).’’
2. Current OMB approval number:
3150–0057.
3. How often the collection is
required: DOE/NRC Form 740M is
requested as necessary to inform the
U.S. or the International Atomic Energy
Agency (IAEA) of any qualifying
statement or exception to any of the data
contained in other reporting forms
required under the US/IAEA Safeguards
Agreement.
4. Who is required or asked to report:
Persons licensed to possess specified
quantities of special nuclear material or
source material, and licensees of
facilities on the U.S. eligible list who
have been notified in writing by the
NRC that they are subject to part 75.
5. The number of annual respondents:
15.
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6. The number of hours needed
annually to complete the requirement or
request: 113 hours.
7. Abstract: Licensees affected by part
75 and related sections of parts 40, 50,
70, and 150 are required to submit DOE/
NRC Form 740M to inform the U.S. or
the IAEA of any qualifying statement or
exception to any of the data contained
in any of the other reporting forms
required under the US/IAEA Safeguards
Agreement. The use of Form 740M
enables the NRC to collect, retrieve, and
analyze, and submit the data to IAEA to
fulfill its reporting responsibilities.
Submit, by January 14, 2011,
comments that address the following
questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice. Comments
submitted in writing or in electronic
form will be made available for public
inspection. Because your comments will
not be edited to remove any identifying
or contact information, the NRC
cautions you against including any
information in your submission that you
do not want to be publicly disclosed.
Comments submitted should reference
Docket No. NRC–2010–0332. You may
submit your comments by any of the
following methods. Electronic
comments: Go to https://
www.regulations.gov and search for
Docket No. NRC–2010–0332. Mail
comments to NRC Clearance Officer,
Tremaine Donnell (T–5 F53), U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001. Questions
about the information collection
requirements may be directed to the
NRC Clearance Officer, Tremaine
Donnell (T–5 F53), U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, by telephone at 301–
PO 00000
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69707
415–6258, or by e-mail to
INFOCOLLECTS.Resource@NRC.GOV.
Dated at Rockville, Maryland, this 5th day
of November 2010.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2010–28636 Filed 11–12–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–373 and 50–374; NRC–
2010–0254]
Exelon Generation Company, LLC;
Notice of Consideration of Issuance of
Amendment to Facility Operating
License and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of amendments to
Facility Operating License Nos. NPF–11
and NPF–18, issued to Exelon
Generation Company, LLC (the
licensee), for operation of the LaSalle
County Station (LSCS), Units 1 and 2,
located in LaSalle County, IL.
The proposed amendment would
revise license paragraph 2.B.(5) for
LSCS. The proposed change will enable
LSCS to possess byproduct material
from Braidwood Station (Braidwood),
Units 1 and 2, Byron Station (Byron),
Units 1 and 2, and Clinton Power
Station (Clinton), Unit 1. Specifically,
the revised license paragraph would
enable the licensee to store low-level
radioactive waste from Braidwood,
Byron, and Clinton in the LSCS Interim
Radwaste Storage Facility.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license.
Requests for a hearing and a petition for
leave to intervene shall be filed in
accordance with the Commission’s
‘‘Rules of Practice for Domestic
Licensing Proceedings’’ in 10 CFR part
2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Room
O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly
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69708
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices
available records will be accessible from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/doccollections/cfr/. If a request for a hearing
or petition for leave to intervene is filed
within 60 days, the Commission or a
presiding officer designated by the
Commission or by the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel, will
rule on the request and/or petition; and
the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the requestor/petitioner in the
proceeding, and how that interest may
be affected by the results of the
proceeding. The petition should
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
general requirements: (1) The name,
address and telephone number of the
requestor or petitioner; (2) the nature of
the requestor’s/petitioner’s right under
the Act to be made a party to the
proceeding; (3) the nature and extent of
the requestor’s/petitioner’s property,
financial, or other interest in the
proceeding; and (4) the possible effect of
any decision or order which may be
entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the requestor/
petitioner 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
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner must also
provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
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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.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
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
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/applycertificates.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/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
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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
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 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
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Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices
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 the
date of publication of this notice. Nontimely 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).
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The Commission hereby provides
notice that this is a proceeding on an
application for a license amendment
falling within the scope of section 134
of the Nuclear Waste Policy Act of 1982
(NWPA), 42 U.S.C. 10154. Under
section 134 of the NWPA, the
Commission, at the request of any party
to the proceeding, must use hybrid
hearing procedures with respect to ‘‘any
matter which the Commission
determines to be in controversy among
the parties.’’
The hybrid procedures in section 134
provide for oral argument on matters in
controversy, preceded by discovery
under the Commission’s rules and the
designation, following argument of only
those factual issues that involve a
genuine and substantial dispute,
together with any remaining questions
of law, to be resolved in an adjudicatory
hearing. Actual adjudicatory hearings
are to be held on only those issues
found to meet the criteria of section 134
and set for hearing after oral argument.
The Commission’s rules
implementing section 134 of the NWPA
are found in 10 CFR part 2, subpart K,
‘‘Hybrid Hearing Procedures for
Expansion of Spent Fuel Storage
Capacity at Civilian Nuclear Power
Reactors.’’ Under those rules, any party
to the proceeding may invoke the hybrid
hearing procedures by filing with the
presiding officer a written request for
oral argument under 10 CFR 2.1109. To
be timely, the request must be filed
together with a request for hearing/
petition to intervene, filed in
accordance with 10 CFR 2.309. If it is
determined a hearing will be held, the
presiding officer must grant a timely
request for oral argument. The presiding
officer may grant an untimely request
for oral argument only upon a showing
of good cause by the requesting party for
the failure to file on time and after
providing the other parties an
opportunity to respond to the untimely
request. If the presiding officer grants a
request for oral argument, any hearing
held on the application must be
conducted in accordance with the
hybrid hearing procedures. In essence,
those procedures limit the time
available for discovery and require that
an oral argument be held to determine
whether any contentions must be
resolved in an adjudicatory hearing. If
no party to the proceeding timely
requests oral argument, and if all
untimely requests for oral argument are
denied, then the usual procedures in 10
CFR part 2, subpart L apply.
For further details with respect to this
license amendment application, see the
application for amendment dated
January 6, 2010, as supplemented by
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69709
letters dated August 20 and October 14,
2010, which are available for public
inspection at the Commission’s PDR,
located at One White Flint North, Room
O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly
available records will be accessible
electronically from the ADAMS Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS should contact the NRC PDR
Reference staff by telephone at 1–800–
397–4209, or 301–415–4737, or by email to pdr.resource@nrc.gov.
Attorney for licensee: Mr. Bradley J.
Fewell, Associate General Counsel,
Exelon Nuclear, 4300 Winfield Road,
Warrenville, IL 60555.
Dated at Rockville, Maryland, this 4th day
of November 2010.
For the Nuclear Regulatory Commission.
Eva A. Brown,
Senior Project Manager, Plant Licensing
Branch III–2, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–28635 Filed 11–12–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0184]
Office of New Reactors; Notice of
Availability of the Final Staff Guidance;
Standard Review Plan, Section 13.6.6,
Revision 0 on Cyber Security Plan
Nuclear Regulatory
Commission (NRC).
ACTION: Notice of Availability.
AGENCY:
The NRC is issuing its Final
Revision 0 to NUREG–0800, ‘‘Standard
Review Plan (SRP) for the Review of
Safety Analysis Reports for Nuclear
Power Plants,’’ Section 13.6.6, Revision
0 on ‘‘Cyber Security Plan’’ (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML102630477). The NRC staff issues
revisions to SRP sections to facilitate
timely implementation of the current
staff guidance and to facilitate reviews
to amendments to licenses for operating
reactors or for activities associated with
review of applications for early site
permits and combined licenses for the
Office of New Reactors. The NRC staff
will also incorporate Revision 0 of SRP
Section 13.6.6 into the next revisions of
the Regulatory Guide 1.206, ‘‘Combined
License Applications for Nuclear Power
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69707-69709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28635]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-373 and 50-374; NRC-2010-0254]
Exelon Generation Company, LLC; Notice of Consideration of
Issuance of Amendment to Facility Operating License and Opportunity for
a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of amendments to Facility Operating License Nos.
NPF-11 and NPF-18, issued to Exelon Generation Company, LLC (the
licensee), for operation of the LaSalle County Station (LSCS), Units 1
and 2, located in LaSalle County, IL.
The proposed amendment would revise license paragraph 2.B.(5) for
LSCS. The proposed change will enable LSCS to possess byproduct
material from Braidwood Station (Braidwood), Units 1 and 2, Byron
Station (Byron), Units 1 and 2, and Clinton Power Station (Clinton),
Unit 1. Specifically, the revised license paragraph would enable the
licensee to store low-level radioactive waste from Braidwood, Byron,
and Clinton in the LSCS Interim Radwaste Storage Facility.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license.
Requests for a hearing and a petition for leave to intervene shall be
filed in accordance with the Commission's ``Rules of Practice for
Domestic Licensing Proceedings'' in 10 CFR part 2. Interested person(s)
should consult a current copy of 10 CFR 2.309, which is available at
the Commission's PDR, located at One White Flint North, Room O1F21,
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly
[[Page 69708]]
available records will be accessible from the Agencywide Documents
Access and Management System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to
intervene is filed within 60 days, the Commission or a presiding
officer designated by the Commission or by the Chief Administrative
Judge of the Atomic Safety and Licensing Board Panel, will rule on the
request and/or petition; and the Secretary or the Chief Administrative
Judge of the Atomic Safety and Licensing Board will issue a notice of a
hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the requestor/
petitioner in the proceeding, and how that interest may be affected by
the results of the proceeding. The petition should specifically explain
the reasons why intervention should be permitted with particular
reference to the following general requirements: (1) The name, address
and telephone number of the requestor or petitioner; (2) the nature of
the requestor's/petitioner's right under the Act to be made a party to
the proceeding; (3) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding;
and (4) the possible effect of any decision or order which may be
entered in the proceeding on the requestor's/petitioner's interest. The
petition must also identify the specific contentions which the
requestor/petitioner 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 for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to those specific sources and
documents of which the petitioner is aware and on which the petitioner
intends to rely to establish those facts or expert opinion. The
petition must include sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the
amendment under consideration. The contention must be one which, if
proven, would entitle the 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.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
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 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 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern
[[Page 69709]]
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 the date of publication of this notice. 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).
The Commission hereby provides notice that this is a proceeding on
an application for a license amendment falling within the scope of
section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C.
10154. Under section 134 of the NWPA, the Commission, at the request of
any party to the proceeding, must use hybrid hearing procedures with
respect to ``any matter which the Commission determines to be in
controversy among the parties.''
The hybrid procedures in section 134 provide for oral argument on
matters in controversy, preceded by discovery under the Commission's
rules and the designation, following argument of only those factual
issues that involve a genuine and substantial dispute, together with
any remaining questions of law, to be resolved in an adjudicatory
hearing. Actual adjudicatory hearings are to be held on only those
issues found to meet the criteria of section 134 and set for hearing
after oral argument.
The Commission's rules implementing section 134 of the NWPA are
found in 10 CFR part 2, subpart K, ``Hybrid Hearing Procedures for
Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power
Reactors.'' Under those rules, any party to the proceeding may invoke
the hybrid hearing procedures by filing with the presiding officer a
written request for oral argument under 10 CFR 2.1109. To be timely,
the request must be filed together with a request for hearing/petition
to intervene, filed in accordance with 10 CFR 2.309. If it is
determined a hearing will be held, the presiding officer must grant a
timely request for oral argument. The presiding officer may grant an
untimely request for oral argument only upon a showing of good cause by
the requesting party for the failure to file on time and after
providing the other parties an opportunity to respond to the untimely
request. If the presiding officer grants a request for oral argument,
any hearing held on the application must be conducted in accordance
with the hybrid hearing procedures. In essence, those procedures limit
the time available for discovery and require that an oral argument be
held to determine whether any contentions must be resolved in an
adjudicatory hearing. If no party to the proceeding timely requests
oral argument, and if all untimely requests for oral argument are
denied, then the usual procedures in 10 CFR part 2, subpart L apply.
For further details with respect to this license amendment
application, see the application for amendment dated January 6, 2010,
as supplemented by letters dated August 20 and October 14, 2010, which
are available for public inspection at the Commission's PDR, located at
One White Flint North, Room O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible
electronically from the ADAMS Public Electronic Reading Room on the
Internet at the NRC Web site, https://www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS should contact the NRC PDR
Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by
e-mail to pdr.resource@nrc.gov.
Attorney for licensee: Mr. Bradley J. Fewell, Associate General
Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
Dated at Rockville, Maryland, this 4th day of November 2010.
For the Nuclear Regulatory Commission.
Eva A. Brown,
Senior Project Manager, Plant Licensing Branch III-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-28635 Filed 11-12-10; 8:45 am]
BILLING CODE 7590-01-P
