Connecticut Yankee Atomic Power Company, Haddam Neck Plant; Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing, 41530-41532 [2011-17732]

Download as PDF 41530 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–213 and 72–39; NRC–2011– 0158] Connecticut Yankee Atomic Power Company, Haddam Neck Plant; Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Nuclear Regulatory Commission. ACTION: Notice of request for license transfer, opportunity to comment, opportunity to request a hearing. AGENCY: Comments must be filed by August 15, 2011. A request for a hearing must be filed by August 3, 2011. ADDRESSES: Please include Docket ID NRC–2011–0158 in the subject line of your comments. Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site, http:// www.regulations.gov. 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. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. You may submit comments by any one of the following methods: • Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0158. Address questions about NRC dockets to Carol Gallagher, telephone: 301–492–3668; e-mail: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at 301– 492–3446. You can access publicly available documents related to this notice using the following methods: • NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, O1–F21, wreier-aviles on DSKGBLS3C1PROD with NOTICES DATES: VerDate Mar<15>2010 14:55 Jul 13, 2011 Jkt 223001 One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available online in the NRC Library at http://www.nrc.gov/reading-rm/ adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. The application, dated December 6, 2010, is available electronically under ADAMS Accession Number ML103490133. • Federal Rulemaking Web Site: Public comments and supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID NRC–2011– 0158. FOR FURTHER INFORMATION CONTACT: Kristina L. Banovac, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 301–492–3571; fax number: 301–492–3348; e-mail: Kristina.Banovac@nrc.gov. The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of the Facility Operating License No. DPR–61 for the Haddam Neck Plant, currently held by Connecticut Yankee Atomic Power Company (CYAPCO), as owner and licensed operator of the Haddam Neck Plant. According to an application for consent filed by CYAPCO, in connection with a pending merger of Northeast Utilities and NSTAR (each current indirect minority co-owners of CYAPCO), Northeast Utilities, the surviving company, will have an indirect ownership of 63 percent of CYAPCO after the merger. CYAPCO will continue to operate the facility and hold the license. No physical changes to the Haddam Neck Plant facility or operational changes are being proposed in the application. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed merger will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission’s action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission’s rules of practice set forth in subpart C ‘‘Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,’’ of 10 CFR part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)–(viii). NRC regulations are accessible electronically from the NRC Library on the NRC Web site at http:// www.nrc.gov/reading-rm/doccollections/cfr/. 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 E:\FR\FM\14JYN1.SGM 14JYN1 wreier-aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices 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 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 VerDate Mar<15>2010 14:55 Jul 13, 2011 Jkt 223001 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/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 firstclass 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 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 41531 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:// ehd1.nrc.gov/EHD/, 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 20 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). The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing. Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this Federal Register notice. For further details with respect to this indirect license transfer application, see the application dated December 6, 2010, available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, E:\FR\FM\14JYN1.SGM 14JYN1 41532 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices Public File Area O1–F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at http:// 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. Dated at Rockville, Maryland this 6th day of July 2011. For the Nuclear Regulatory Commission. Kristina L. Banovac, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2011–17732 Filed 7–13–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–029 AND 72–31; NRC– 2011–0159] Yankee Atomic Electric Company, Yankee Nuclear Power Station (Yankee-Rowe); Notice of Consideration of Approval of Application Regarding Proposed Merger and Opportunity for a Hearing Nuclear Regulatory Commission. ACTION: Notice of request for license transfer, opportunity to comment, opportunity to request a hearing. AGENCY: Comments must be filed by August 15, 2011. A request for a hearing must be filed by August 3, 2011. ADDRESSES: Please include Docket ID NRC–211–0159 in the subject line of your comments. Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site, http:// www.regulations.gov. 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. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in wreier-aviles on DSKGBLS3C1PROD with NOTICES DATES: VerDate Mar<15>2010 14:55 Jul 13, 2011 Jkt 223001 their comments that they do not want publicly disclosed. You may submit comments by any one of the following methods: • Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0159. Address questions about NRC dockets to Carol Gallagher, telephone: 301–492–3668; e-mail: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at 301– 492–3446. You can access publicly available documents related to this notice using the following methods: • NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available online in the NRC Library at http:// www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr.resource@nrc.gov. The application dated December 6, 2010, is available electronically under ADAMS Accession No. ML103490133. • Federal Rulemaking Web Site: Public comments and supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID NRC–2011– 0159. FOR FURTHER INFORMATION CONTACT: Kristina L. Banovac, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 301–492–3571; fax number: 301–492–3348; e-mail: Kristina.Banovac@nrc.gov. The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 indirect transfer of the Facility Operating License No. DPR–3 for the Yankee Nuclear Power Station (YankeeRowe), currently held by Yankee Atomic Electric Company (YAEC), as owner and licensed operator of YankeeRowe. According to an application for consent filed by YAEC, in connection with a pending merger of Northeast Utilities and NSTAR (each current indirect minority co-owners of YAEC), Northeast Utilities, the surviving company, will have an indirect ownership of 52.5 percent of YAEC after the merger. YAEC will continue to operate the facility and hold the license. No physical changes to the YankeeRowe facility or operational changes are being proposed in the application. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed merger will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission’s action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission’s rules of practice set forth in Subpart C ‘‘Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,’’ of 10 CFR part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41530-41532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17732]



[[Page 41530]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-213 and 72-39; NRC-2011-0158]


Connecticut Yankee Atomic Power Company, Haddam Neck Plant; 
Notice of Consideration of Approval of Application Regarding Proposed 
Merger and Opportunity for a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of request for license transfer, opportunity to comment, 
opportunity to request a hearing.

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DATES: Comments must be filed by August 15, 2011. A request for a 
hearing must be filed by August 3, 2011.

ADDRESSES: Please include Docket ID NRC-2011-0158 in the subject line 
of your comments. Comments submitted in writing or in electronic form 
will be posted on the NRC Web site and on the Federal rulemaking Web 
site, http://www.regulations.gov. 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.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed. You may submit comments by any one of the following 
methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0158. Address questions about NRC dockets to Carol Gallagher, 
telephone: 301-492-3668; e-mail: Carol.Gallagher@nrc.gov.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at 301-492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
     NRC's Public Document Room (PDR): The public may examine 
and have copied, for a fee, publicly available documents at the NRC's 
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 
which provides text and image files of the NRC's public documents. If 
you do not have access to ADAMS or if there are problems in accessing 
the documents located in ADAMS, contact the NRC's PDR reference staff 
at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. 
The application, dated December 6, 2010, is available electronically 
under ADAMS Accession Number ML103490133.
     Federal Rulemaking Web Site: Public comments and 
supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID NRC-2011-0158.

FOR FURTHER INFORMATION CONTACT: Kristina L. Banovac, Project Manager, 
Licensing Branch, Division of Spent Fuel Storage and Transportation, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555. Telephone: 301-492-3571; 
fax number: 301-492-3348; e-mail: Kristina.Banovac@nrc.gov.
    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
indirect transfer of the Facility Operating License No. DPR-61 for the 
Haddam Neck Plant, currently held by Connecticut Yankee Atomic Power 
Company (CYAPCO), as owner and licensed operator of the Haddam Neck 
Plant.
    According to an application for consent filed by CYAPCO, in 
connection with a pending merger of Northeast Utilities and NSTAR (each 
current indirect minority co-owners of CYAPCO), Northeast Utilities, 
the surviving company, will have an indirect ownership of 63 percent of 
CYAPCO after the merger. CYAPCO will continue to operate the facility 
and hold the license.
    No physical changes to the Haddam Neck Plant facility or 
operational changes are being proposed in the application.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. The Commission will approve an application for the indirect 
transfer of a license, if the Commission determines that the proposed 
merger will not affect the qualifications of the licensee to hold the 
license, and that the transfer is otherwise consistent with applicable 
provisions of law, regulations, and orders issued by the Commission 
pursuant thereto.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    Within 20 days from the date of publication of this notice, any 
person(s) whose interest may be affected by the Commission's action on 
the application may request a hearing and intervention via electronic 
submission through the NRC E-filing system. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in subpart C ``Rules of 
General Applicability: Hearing Requests, Petitions to Intervene, 
Availability of Documents, Selection of Specific Hearing Procedures, 
Presiding Officer Powers, and General Hearing Management for NRC 
Adjudicatory Hearings,'' of 10 CFR part 2. In particular, such requests 
and petitions must comply with the requirements set forth in 10 CFR 
2.309. Untimely requests and petitions may be denied, as provided in 10 
CFR 2.309(c)(1), unless good cause for failure to file on time is 
established. In addition, an untimely request or petition should 
address the factors that the Commission will also consider, in 
reviewing untimely requests or petitions, set forth in 10 CFR 
2.309(c)(1)(i)-(viii). NRC regulations are accessible electronically 
from the NRC Library on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    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

[[Page 41531]]

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://ehd1.nrc.gov/EHD/, 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 20 
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 will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted to the Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff, and should cite the publication date and page number of this 
Federal Register notice.
    For further details with respect to this indirect license transfer 
application, see the application dated December 6, 2010, available for 
public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North,

[[Page 41532]]

Public File Area O1-F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available documents created or received at the NRC 
are accessible electronically through ADAMS in the NRC Library at 
http://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.

    Dated at Rockville, Maryland this 6th day of July 2011.

    For the Nuclear Regulatory Commission.
Kristina L. Banovac,
Project Manager, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2011-17732 Filed 7-13-11; 8:45 am]
BILLING CODE 7590-01-P