FirstEnergy Nuclear Operating Company; Notice of Issuance of Director's Decision, 34105 [2011-14424]

Download as PDF Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Notices 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 (800) 397–4209 or (301) 415–4737 (available between 8 a.m. and 4 p.m. ET, Monday through Friday except federal holidays), or by e-mail to pdr@nrc.gov. H. Information Updates to Schedule Any updates or revisions to the mandatory hearing schedule or the schedule for limited appearance sessions can be found on the NRC Web site at http://www.nrc.gov/publicinvolve/public-meetings/index.cfm, or by calling (800) 368–5642, extension 5036 (available between 7 a.m. and 9 p.m. ET, Monday through Friday, except federal holidays), or by calling (301) 415–5036 (available seven days a week, twenty-four hours a day). It is so ordered. Dated: June 2, 2011. For the Atomic Safety and Licensing Board. G. Paul Bollwerk, III, Chairman, Rockville, Maryland. [FR Doc. 2011–14416 Filed 6–9–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–320; License No. DPR–73; NRC–2010–0358] WReier-Aviles on DSKGBLS3C1PROD with NOTICES FirstEnergy Nuclear Operating Company; Notice of Issuance of Director’s Decision Notice is hereby given that the Director, Office of Federal and State Materials and Environmental Management Programs (FSME), has issued a Director’s Decision with regard to a petition dated September 30, 2010, filed by Eric J. Epstein, hereinafter referred to as the ‘‘Petitioner.’’ The petition was supplemented during an October 19, 2010, Petition Review Board (PRB) meeting, via teleconference, with the Petitioner and FirstEnergy Corporation, hereinafter referred to as FENOC. [NOTE: GPU Nuclear is the license holder for Three Mile Island, Unit 2 (TMI–2).] The transcript of this teleconference is available in the Agencywide Documents Access and Management System (ADAMS No. ML103120216). The petition concerns the decommissioning funding for TMI–2. The petition requested that the U.S. Nuclear Regulatory Commission (NRC) take enforcement action in the form of a Demand for Information from FENOC VerDate Mar<15>2010 14:33 Jun 09, 2011 Jkt 223001 relating to inadequate financial assurance provided by the licensee for TMI–2’s nuclear decommissioning fund. As the basis for the September 30, 2010, request, the Petitioner states that the current radiological decommissioning cost estimate is $831.5 million and the current amount in the decommissioning trust fund is $484.5 million, as of December 31, 2008. Further, the Petitioner states that FENOC’s decommissioning report is inadequate, and fails to account for the special status of TMI–2, the current level of underfunding, or the fact that decommissioning rate recovery for Metropolitan Edison and Pennsylvania Electric ceases per Pennsylvania Public Utility Commission Orders on December 31, 2010. On October 19, 2010, the Petitioner and licensee met with the staff’s PRB via teleconference. The meeting gave the Petitioner and the licensee an opportunity to provide additional information and to clarify issues identified in the petition. The NRC sent a copy of the proposed Director’s Decision to the Petitioner and to the licensee for comment on April 5, 2011 (ADAMS Nos. ML110680183 and ML110940183). The Petitioner responded with comments on May 1, 2011 (ADAMS No. ML111260128) and the licensee responded on April 18, 2011 (ADAMS No. ML11116A073). Comments submitted by the Petitioner and licensee, and the NRC staff responses, are discussed in the attachment to the Director’s Decision. The Director of FSME has determined that the request for NRC to demand information relating to inadequate financial assurance provided by the licensee for TMI–2’s nuclear decommissioning fund, be denied. The request is denied because the updated decommissioning funding status report submitted by GPU Nuclear on March 29, 2010, for TMI–2, which is the latest sitespecific decommissioning funding plan, provides adequate decommissioning funding assurance in accordance with NRC regulations. GPU Nuclear is owned by FENOC. A complete discussion of the reasons for this decision are explained in the Director’s Decision pursuant to 10 CFR 2.206 (DD–11–04), the complete text of which is available in ADAMS for inspection at the Commission’s Public Document Room, located at One White Flint, 11555 Rockville Pike (first floor), Rockville, Maryland 20852, and from the ADAMS Public Library component on the NRC’s Web site, http://www.nrc.gov (the public Electronic Reading Room). As provided in 10 CFR 2.206(c), a copy of this Director’s Decision will be PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 34105 filed with the Secretary of the Commission for the Commission to review. As provided for by this regulation, the Decision will constitute the final action of the Commission 25 days after the date of the Decision unless the Commission, on its own motion, institutes a review of the Decision within that time. Dated at Rockville, Maryland, this 2nd day of June 2011. For the Nuclear Regulatory Commission. Scott W. Moore, Acting Director, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2011–14424 Filed 6–9–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2011–0107; Docket Nos. 50–325 and 50–324] Carolina Power & Light Company, Brunswick Steam Electric Plant Units 1 and 2; Exemption 1.0 Background Carolina Power & Light Company, et al. (the licensee), is the holder of Facility Operating License Nos. DPR–71 and DPR–62, which authorize operation of the Brunswick Steam Electric Plant (BSEP), Units 1 and 2, respectively. The licenses provide, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, Commission) now or hereafter in effect. The facility consists of two boiling water reactors located in Southport, North Carolina. 2.0 Request/Action By letter dated December 16, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103630405, as supplemented by letter dated January 27, 2011 (ADAMS Accession No. ML110400193), and pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 26.9, ‘‘Specific exemptions,’’ the licensee requested an exemption from the requirements of 10 CFR 26.205(c), ‘‘Work hours scheduling,’’ and (d), ‘‘Work hour controls,’’ during declarations of severe weather conditions such as tropical storm and hurricane-force winds at the BSEP site. Subsequent letters dated March 7 and April 13, 2011 (ADAMS Accession Nos. ML110730275 and ML11110A021, respectively) provided responses to the NRC staff’s requests for additional information (RAIs). E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Page 34105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14424]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-320; License No. DPR-73; NRC-2010-0358]


FirstEnergy Nuclear Operating Company; Notice of Issuance of 
Director's Decision

    Notice is hereby given that the Director, Office of Federal and 
State Materials and Environmental Management Programs (FSME), has 
issued a Director's Decision with regard to a petition dated September 
30, 2010, filed by Eric J. Epstein, hereinafter referred to as the 
``Petitioner.'' The petition was supplemented during an October 19, 
2010, Petition Review Board (PRB) meeting, via teleconference, with the 
Petitioner and FirstEnergy Corporation, hereinafter referred to as 
FENOC. [NOTE: GPU Nuclear is the license holder for Three Mile Island, 
Unit 2 (TMI-2).] The transcript of this teleconference is available in 
the Agencywide Documents Access and Management System (ADAMS No. 
ML103120216). The petition concerns the decommissioning funding for 
TMI-2.
    The petition requested that the U.S. Nuclear Regulatory Commission 
(NRC) take enforcement action in the form of a Demand for Information 
from FENOC relating to inadequate financial assurance provided by the 
licensee for TMI-2's nuclear decommissioning fund.
    As the basis for the September 30, 2010, request, the Petitioner 
states that the current radiological decommissioning cost estimate is 
$831.5 million and the current amount in the decommissioning trust fund 
is $484.5 million, as of December 31, 2008. Further, the Petitioner 
states that FENOC's decommissioning report is inadequate, and fails to 
account for the special status of TMI-2, the current level of 
underfunding, or the fact that decommissioning rate recovery for 
Metropolitan Edison and Pennsylvania Electric ceases per Pennsylvania 
Public Utility Commission Orders on December 31, 2010.
    On October 19, 2010, the Petitioner and licensee met with the 
staff's PRB via teleconference. The meeting gave the Petitioner and the 
licensee an opportunity to provide additional information and to 
clarify issues identified in the petition.
    The NRC sent a copy of the proposed Director's Decision to the 
Petitioner and to the licensee for comment on April 5, 2011 (ADAMS Nos. 
ML110680183 and ML110940183). The Petitioner responded with comments on 
May 1, 2011 (ADAMS No. ML111260128) and the licensee responded on April 
18, 2011 (ADAMS No. ML11116A073). Comments submitted by the Petitioner 
and licensee, and the NRC staff responses, are discussed in the 
attachment to the Director's Decision.
    The Director of FSME has determined that the request for NRC to 
demand information relating to inadequate financial assurance provided 
by the licensee for TMI-2's nuclear decommissioning fund, be denied. 
The request is denied because the updated decommissioning funding 
status report submitted by GPU Nuclear on March 29, 2010, for TMI-2, 
which is the latest site-specific decommissioning funding plan, 
provides adequate decommissioning funding assurance in accordance with 
NRC regulations. GPU Nuclear is owned by FENOC. A complete discussion 
of the reasons for this decision are explained in the Director's 
Decision pursuant to 10 CFR 2.206 (DD-11-04), the complete text of 
which is available in ADAMS for inspection at the Commission's Public 
Document Room, located at One White Flint, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852, and from the ADAMS Public Library 
component on the NRC's Web site, http://www.nrc.gov (the public 
Electronic Reading Room).
    As provided in 10 CFR 2.206(c), a copy of this Director's Decision 
will be filed with the Secretary of the Commission for the Commission 
to review. As provided for by this regulation, the Decision will 
constitute the final action of the Commission 25 days after the date of 
the Decision unless the Commission, on its own motion, institutes a 
review of the Decision within that time.

    Dated at Rockville, Maryland, this 2nd day of June 2011.
    For the Nuclear Regulatory Commission.
Scott W. Moore,
Acting Director, Office of Federal and State Materials and 
Environmental Management Programs.
[FR Doc. 2011-14424 Filed 6-9-11; 8:45 am]
BILLING CODE 7590-01-P