In the Matter of All Power Reactor Licensees and Research Reactor Licensees Who Transport Spent Nuclear Fuel; Order Modifying License (Effective Immediately), 79423-79425 [2010-31855]
Download as PDF
79423
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices
FY 2011
Training
Initial
Allocation
State
FY 2010
Administrative
Allotment*
FY 2011
Case
Management
Funds
Total
FY 2011
TAA Initial
Allocation**
Wyoming ..........................................................................................................
0
0
0
0
U.S. Total ..................................................................................................
$373,750,000
$56,062,500
$17,150,000
$446,962,500
* Each State’s administrative allotment represents 15% of its FY 2011 base allocation.
** Each State’s Case Management funds of $350,000 are included in the line code of Administration, along with the 15% of Administrative
funds in the Notice of Obligation.
*** Each State’s allocation represents the sum of its FY 2011 base allocation and administrative allotment.
Signed: at Washington, DC, this 14th day
of December, 2010.
Jane Oates,
Assistant Secretary for Employment and
Training.
[FR Doc. 2010–31844 Filed 12–17–10; 8:45 am]
BILLING CODE 4510–FN–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (10–161)]
NASA Advisory Council; Technology
and Innovation Committee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of Meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
announces a meeting of the Technology
and Innovation Committee of the NASA
Advisory Council. The meeting will be
held for the purpose of reviewing the
Space Technology Program planning
and review innovation activities at
NASA’s Kennedy Space Center (KSC).
DATES: Wednesday, January 12, 2011, 10
a.m. to 3:30 p.m., Local Time.
ADDRESSES: NASA Kennedy Space
Center Visitor Center Complex, NASA
Parkway West, Building M6–457, Debus
Conference Facility, Kennedy Space
Center, FL 32899.
FOR FURTHER INFORMATION CONTACT: Mr.
Mike Green, Office of the Chief
Technologist, NASA Headquarters,
Washington, DC 20546, (202) 358–4710,
fax: (202) 358–4078, or
g.m.green@nasa.gov.
SUMMARY:
The
meeting will be open to the public up
to the capacity of the room. The agenda
for the meeting includes the following
topics:
• Office of the Chief Technologist
Update.
• Overview of NASA Technology
Transfer and Commercialization
activities.
jlentini on DSKJ8SOYB1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
17:18 Dec 17, 2010
Jkt 223001
• Presentation and discussion of
Intellectual Property issues at NASA.
• Update on NASA’s Space
Technology Roadmap activities.
• Overviews of technology and
innovation activities underway at KSC.
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants. Public visitors attending
the meeting should park at KSC Visitor
Complex parking lots 4 or 5. Once
parked, please proceed towards the
ticket plaza. To the left of the ticket
plaza will be a side gate that you may
continue through to the Debus
Conference Facility (yellow arrow).
Dated: December 14, 2010.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2010–31812 Filed 12–17–10; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. (Redacted), License Nos.:
(Redacted), EA (Redacted); NRC–2010–
0351]
In the Matter of All Power Reactor
Licensees and Research Reactor
Licensees Who Transport Spent
Nuclear Fuel; Order Modifying License
(Effective Immediately)
I
The licensees identified in
Attachment 1 to this Order have been
issued a specific license by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) authorizing the
possession of spent nuclear fuel and a
general license authorizing the
transportation of spent nuclear fuel [in
a transportation package approved by
the Commission] in accordance with the
Atomic Energy Act of 1954, as amended,
and Title 10 of the Code of Federal
Regulations (CFR) Parts 50 and 71. This
Order is being issued to all such
licensees who transport spent nuclear
fuel. Commission regulations for the
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
shipment of spent nuclear fuel at 10
CFR 3.37(a) require these licensees to
maintain a physical protection system
that meets the requirements contained
in 10 CFR 73.37(b), (c), (d), and (e).
II
On September 11, 2001, terrorists
simultaneously attacked targets in New
York, NY, and Washington, DC,
utilizing large commercial aircraft as
weapons. In response to the attacks and
intelligence information subsequently
obtained, the Commission issued a
number of Safeguards and Threat
Advisories to its licensees in order to
strengthen licensees’ capabilities and
readiness to respond to a potential
attack on a nuclear facility or regulated
activity. The Commission has also
communicated with other Federal, State
and local government agencies and
industry representatives to discuss and
evaluate the current threat environment
in order to assess the adequacy of
security measures at licensed facilities.
In addition, the Commission has been
conducting a comprehensive review of
its safeguards and security programs
and requirements.
As a result of its consideration of
current safeguards and security plan
requirements, as well as a review of
information provided by the intelligence
community, the Commission has
determined that certain additional
security measures are required to be
implemented by licensees as prudent,
interim measures, to address the current
threat environment in a consistent
manner. Therefore, the Commission is
imposing requirements, as set forth in
Attachment 2 of this Order, on all
licensees identified in Attachment 1 of
this Order.1 These additional security
requirements, which supplement
existing regulatory requirements, will
provide the Commission with
reasonable assurance that the common
defense and security continue to be
adequately protected in the current
threat environment. These requirements
1 Attachments 1 and 2 contain SAFEGUARDS
INFORMATION and will not be released to the
public.
E:\FR\FM\20DEN1.SGM
20DEN1
79424
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices
will remain in effect until the
Commission determines otherwise.
The Commission recognizes that
licensees may have already initiated
many of the measures set forth in
Attachment 2 to this Order in response
to previously issued Safeguards and
Threat Advisories or on their own. It is
also recognized that some measures may
not be possible or necessary for all
shipments of spent nuclear fuel, or may
need to be tailored to accommodate the
licensees’ specific circumstances to
achieve the intended objectives and
avoid any unforeseen effect on the safe
transport of spent nuclear fuel.
Although the additional security
measures implemented by licensees in
response to the Safeguards and Threat
Advisories have been adequate to
provide reasonable assurance of
adequate protection of common defense
and security, in light of the current
threat environment, the Commission
concludes that the security measures
must be embodied in an Order
consistent with the established
regulatory framework. In order to
provide assurance that licensees are
implementing prudent measures to
achieve a consistent level of protection
to address the current threat
environment, all licenses identified in
Attachment 1 to this Order shall be
modified to include the requirements
identified in Attachment 2 to this Order.
In addition, pursuant to 10 CFR 2.202,
and in light of the common defense and
security matters identified above which
warrant the issuance of this Order, the
Commission finds that the public
health, safety, and interest require that
this Order be immediately effective.
jlentini on DSKJ8SOYB1PROD with NOTICES
III
Accordingly, pursuant to Sections 53,
103, 104, 161b, 161i, 161o, 182 and 186
of the Atomic Energy Act of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202 and 10 CFR
Parts 50 and 71, it is hereby ordered,
EFFECTIVE IMMEDIATELY, that all
licenses identified in attachment 1 to
this order are modified as follows:
A. All licensees shall,
notwithstanding the provisions of any
Commission regulation or license to the
contrary, comply with the requirements
described in Attachment 2 to this Order
except to the extent that a more
stringent requirement is set forth in the
licensee’s security plan. The licensees
shall immediately start implementation
of the requirements in Attachment 2 to
the Order and shall complete
implementation by December 8, 2010,
unless otherwise specified in
Attachment 2, or before the first
VerDate Mar<15>2010
17:18 Dec 17, 2010
Jkt 223001
shipment after January 7, 2011,
whichever is earlier.
B.1. All licensees shall, within twenty
(20) days of the date of this Order, notify
the Commission, (1) if they are unable
to comply with any of the requirements
described in Attachment 2, (2) if
compliance with any of the
requirements is unnecessary in their
specific circumstances, or (3) if
implementation of any of the
requirements would cause the licensee
to be in violation of the provisions of
any Commission regulation or the
facility license. The notification shall
provide the licensee’s justification for
seeking relief from or variation of any
specific requirement.
2. Any licensee that considers that
implementation of any of the
requirements described in Attachment 2
to this Order would adversely impact
the safe transport of spent fuel must
notify the Commission, within twenty
(20) days of this Order, of the adverse
safety impact, the basis for its
determination that the requirement has
an adverse safety impact, and either a
proposal for achieving the same
objectives specified in the Attachment 2
requirement in question, or a schedule
for modifying the activity to address the
adverse safety condition. If neither
approach is appropriate, the licensee
must supplement its response to
Condition B1 of this Order to identify
the condition as a requirement with
which it cannot comply, with attendant
justifications as required in Condition
B1.
C.1. All licensees shall, within twenty
(20) days of the date of this Order,
submit to the Commission a schedule
for achieving compliance with each
requirement described in Attachment 2.
2. All licensees shall report to the
Commission when they have achieved
full compliance with the requirements
described in Attachment 2.
D. Notwithstanding any provisions of
the Commission’s regulations to the
contrary, all measures implemented or
actions taken in response to this Order
shall be maintained until the
Commission determines otherwise.
Licensee responses to Conditions B1,
B2, C1, and C2 above, shall be
submitted to the NRC to the attention of
the Director, Office of Nuclear Reactor
Regulation under 10 CFR 50.4. In
addition, licensee submittals that
contain Safeguards Information shall be
properly marked and handled in
accordance with 10 CFR 73.21.
The Director, Office of Nuclear
Reactor Regulation, may, in writing,
relax or rescind any of the above
conditions upon demonstration by the
licensee of good cause.
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
IV.
In accordance with 10 CFR 2.202, the
licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within twenty (20) days of the date of
publication of this Order in the Federal
Register. Where good cause is shown,
consideration will be given to extending
the time to answer or request a hearing.
A request for extension of time in which
to submit an answer or request a hearing
must be made in writing to the Director,
Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, and
include a statement of good cause for
the extension.
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/
E:\FR\FM\20DEN1.SGM
20DEN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices
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
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
VerDate Mar<15>2010
17:18 Dec 17, 2010
Jkt 223001
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
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. If a person other than
[individual] requests a hearing, that
person shall set forth with particularity
the manner in which his interest is
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
79425
adversely affected by the Order and
shall address the criteria set forth in 10
CFR 2.309(d).
If a hearing is requested by the
licensee or a person whose interest is
adversely affected, the Commission will
issue an Order designating the time and
place of any hearing. If a hearing is held,
the issue to be considered at such
hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the
licensee may, in addition to demanding
a hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section III above shall be final twenty
(20) days from the date of this Order
without further order or proceedings. If
an extension of time for requesting a
hearing has been approved, the
provisions specified in Section III shall
be final when the extension expires if a
hearing request has not been received.
An answer or a request for hearing
shall not stay the immediate
effectiveness of this order.
Dated at Rockville, Maryland, this 8th day
of December 2010.
For the Nuclear Regulatory Commission.
Thomas B. Blount,
Acting Director, Division of Policy and
Rulemaking, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–31855 Filed 12–17–10; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Form 144; OMB Control No. 3235–0101;
SEC File No. 270–112]
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Form 144; OMB Control No. 3235–0101;
SEC File No. 270–112.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
E:\FR\FM\20DEN1.SGM
20DEN1
Agencies
[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Notices]
[Pages 79423-79425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31855]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. (Redacted), License Nos.: (Redacted), EA (Redacted); NRC-
2010-0351]
In the Matter of All Power Reactor Licensees and Research Reactor
Licensees Who Transport Spent Nuclear Fuel; Order Modifying License
(Effective Immediately)
I
The licensees identified in Attachment 1 to this Order have been
issued a specific license by the U.S. Nuclear Regulatory Commission
(NRC or Commission) authorizing the possession of spent nuclear fuel
and a general license authorizing the transportation of spent nuclear
fuel [in a transportation package approved by the Commission] in
accordance with the Atomic Energy Act of 1954, as amended, and Title 10
of the Code of Federal Regulations (CFR) Parts 50 and 71. This Order is
being issued to all such licensees who transport spent nuclear fuel.
Commission regulations for the shipment of spent nuclear fuel at 10 CFR
3.37(a) require these licensees to maintain a physical protection
system that meets the requirements contained in 10 CFR 73.37(b), (c),
(d), and (e).
II
On September 11, 2001, terrorists simultaneously attacked targets
in New York, NY, and Washington, DC, utilizing large commercial
aircraft as weapons. In response to the attacks and intelligence
information subsequently obtained, the Commission issued a number of
Safeguards and Threat Advisories to its licensees in order to
strengthen licensees' capabilities and readiness to respond to a
potential attack on a nuclear facility or regulated activity. The
Commission has also communicated with other Federal, State and local
government agencies and industry representatives to discuss and
evaluate the current threat environment in order to assess the adequacy
of security measures at licensed facilities. In addition, the
Commission has been conducting a comprehensive review of its safeguards
and security programs and requirements.
As a result of its consideration of current safeguards and security
plan requirements, as well as a review of information provided by the
intelligence community, the Commission has determined that certain
additional security measures are required to be implemented by
licensees as prudent, interim measures, to address the current threat
environment in a consistent manner. Therefore, the Commission is
imposing requirements, as set forth in Attachment 2 of this Order, on
all licensees identified in Attachment 1 of this Order.\1\ These
additional security requirements, which supplement existing regulatory
requirements, will provide the Commission with reasonable assurance
that the common defense and security continue to be adequately
protected in the current threat environment. These requirements
[[Page 79424]]
will remain in effect until the Commission determines otherwise.
---------------------------------------------------------------------------
\1\ Attachments 1 and 2 contain SAFEGUARDS INFORMATION and will
not be released to the public.
---------------------------------------------------------------------------
The Commission recognizes that licensees may have already initiated
many of the measures set forth in Attachment 2 to this Order in
response to previously issued Safeguards and Threat Advisories or on
their own. It is also recognized that some measures may not be possible
or necessary for all shipments of spent nuclear fuel, or may need to be
tailored to accommodate the licensees' specific circumstances to
achieve the intended objectives and avoid any unforeseen effect on the
safe transport of spent nuclear fuel.
Although the additional security measures implemented by licensees
in response to the Safeguards and Threat Advisories have been adequate
to provide reasonable assurance of adequate protection of common
defense and security, in light of the current threat environment, the
Commission concludes that the security measures must be embodied in an
Order consistent with the established regulatory framework. In order to
provide assurance that licensees are implementing prudent measures to
achieve a consistent level of protection to address the current threat
environment, all licenses identified in Attachment 1 to this Order
shall be modified to include the requirements identified in Attachment
2 to this Order. In addition, pursuant to 10 CFR 2.202, and in light of
the common defense and security matters identified above which warrant
the issuance of this Order, the Commission finds that the public
health, safety, and interest require that this Order be immediately
effective.
III
Accordingly, pursuant to Sections 53, 103, 104, 161b, 161i, 161o,
182 and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202 and 10 CFR Parts 50 and 71, it
is hereby ordered, EFFECTIVE IMMEDIATELY, that all licenses identified
in attachment 1 to this order are modified as follows:
A. All licensees shall, notwithstanding the provisions of any
Commission regulation or license to the contrary, comply with the
requirements described in Attachment 2 to this Order except to the
extent that a more stringent requirement is set forth in the licensee's
security plan. The licensees shall immediately start implementation of
the requirements in Attachment 2 to the Order and shall complete
implementation by December 8, 2010, unless otherwise specified in
Attachment 2, or before the first shipment after January 7, 2011,
whichever is earlier.
B.1. All licensees shall, within twenty (20) days of the date of
this Order, notify the Commission, (1) if they are unable to comply
with any of the requirements described in Attachment 2, (2) if
compliance with any of the requirements is unnecessary in their
specific circumstances, or (3) if implementation of any of the
requirements would cause the licensee to be in violation of the
provisions of any Commission regulation or the facility license. The
notification shall provide the licensee's justification for seeking
relief from or variation of any specific requirement.
2. Any licensee that considers that implementation of any of the
requirements described in Attachment 2 to this Order would adversely
impact the safe transport of spent fuel must notify the Commission,
within twenty (20) days of this Order, of the adverse safety impact,
the basis for its determination that the requirement has an adverse
safety impact, and either a proposal for achieving the same objectives
specified in the Attachment 2 requirement in question, or a schedule
for modifying the activity to address the adverse safety condition. If
neither approach is appropriate, the licensee must supplement its
response to Condition B1 of this Order to identify the condition as a
requirement with which it cannot comply, with attendant justifications
as required in Condition B1.
C.1. All licensees shall, within twenty (20) days of the date of
this Order, submit to the Commission a schedule for achieving
compliance with each requirement described in Attachment 2.
2. All licensees shall report to the Commission when they have
achieved full compliance with the requirements described in Attachment
2.
D. Notwithstanding any provisions of the Commission's regulations
to the contrary, all measures implemented or actions taken in response
to this Order shall be maintained until the Commission determines
otherwise.
Licensee responses to Conditions B1, B2, C1, and C2 above, shall be
submitted to the NRC to the attention of the Director, Office of
Nuclear Reactor Regulation under 10 CFR 50.4. In addition, licensee
submittals that contain Safeguards Information shall be properly marked
and handled in accordance with 10 CFR 73.21.
The Director, Office of Nuclear Reactor Regulation, may, in
writing, relax or rescind any of the above conditions upon
demonstration by the licensee of good cause.
IV.
In accordance with 10 CFR 2.202, the licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within twenty (20) days
of the date of publication of this Order in the Federal Register. Where
good cause is shown, consideration will be given to extending the time
to answer or request a hearing. A request for extension of time in
which to submit an answer or request a hearing must be made in writing
to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, and include a
statement of good cause for the extension.
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/
[[Page 79425]]
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 (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. If a person other
than [individual] requests a hearing, that person shall set forth with
particularity the manner in which his interest is adversely affected by
the Order and shall address the criteria set forth in 10 CFR 2.309(d).
If a hearing is requested by the licensee or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the licensee may, in addition to
demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section III above shall be final twenty (20) days from the
date of this Order without further order or proceedings. If an
extension of time for requesting a hearing has been approved, the
provisions specified in Section III shall be final when the extension
expires if a hearing request has not been received.
An answer or a request for hearing shall not stay the immediate
effectiveness of this order.
Dated at Rockville, Maryland, this 8th day of December 2010.
For the Nuclear Regulatory Commission.
Thomas B. Blount,
Acting Director, Division of Policy and Rulemaking, Office of Nuclear
Reactor Regulation.
[FR Doc. 2010-31855 Filed 12-17-10; 8:45 am]
BILLING CODE 7590-01-P