Proposed Generic Communication Draft Generic Letter on Seismic Risk Evaluations for Operating Reactors, 69294-69295 [2011-28895]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 69294 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices also requested that any monetary fines be used for remediation of the Schofield Barracks and Pohakuloa Training Areas in Hawaii. The basis for the request was that the U.S. Army’s license, SUB–459, expired on October 31, 1964, and that any DU possessed by the U.S. Army or released into the environment after the expiration date was an unlawful act, subject to NRC enforcement policies. The Petition raised a concern about the possession of licensable quantities of DU by the U.S. Army without an NRC license to do so. Section 40.3 states, in part, that persons may not receive title to, own, receive, possess, use, transfer, or dispose of source material unless authorized in a specific or general license issued by the Commission. Contrary to 10 CFR 40.3, the U.S. Army is in possession of DU, a source material, in the form of spent spotting rounds (expended prior to 1968) at firing ranges located at Schofield Barracks and Pohakuloa Training Area, in Hawaii and on other U.S. Army installations, in excess of the exempt and general use limits, without authorization in a specific or general license issued by the NRC. The Petitioner met with the FSME Petition Review Board by teleconference on April 14, 2010, to discuss the Petition. The meeting gave the Petitioner an opportunity to provide additional information and to clarify issues raised in the Petition. The transcript of this meeting was treated as a supplement to the Petition and is available in the Agencywide Document Access and Management System (ADAMS) for inspection at the NRC’s Public Document Room, O1–F21, One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. Publicly available documents created or receive at the NRC are available online in the NRC Library at https:// www.nrc.gov/reading-rm/adams.html. The NRC issued a proposed Director’s Decision (DD–11–05) dated August 8, 2011, which granted the Petition, in part, and denied the Petition, in part. The NRC sent a copy of the proposed Director’s Decision to the Petitioner and to the U.S. Army for comment on August 8, 2011. The Petitioner responded on August 21, 2011. The U.S. Army did not provide comments on the proposed Director’s Decision. The Petitioner’s comments and the NRC staff’s responses are included in the Director’s Decision. The Director of the Office of Federal and State Materials and Environmental Management Programs has determined that the activities requested by the Petitioner have been granted in part and denied in part. The reasons for this VerDate Mar<15>2010 16:29 Nov 07, 2011 Jkt 226001 decision are explained in the Director’s Decision pursuant to 10 CFR 2.206 [DD– 11–05], the complete text of which is available in ADAMS for inspection at the NRC’s Public Document Room, O1– F21, One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. Publicly available documents created or receive at the NRC are available online in the NRC Library at https://www.nrc.gov/reading-rm/ adams.html. The Petition requested that the NRC investigate whether, contrary to applicable law and regulations, the U.S. Army possessed or released into the environment DU from spent spotting rounds after the expiration of NRC License SUB–459. NRC conducted an investigation of the U.S. Army’s possession of licensable quantities of DU and issued a Severity Level III Notice of Violation to the U.S. Army (ML111680087). Consistent with NRC Enforcement Policy (www.nrc.gov/ about-nrc/regulatory/enforcement/ enfore-pol.html) the NRC chose not to impose any civil penalty because: (1) The U.S. Army installations in Hawaii have not been previously the subject of escalated enforcement action; (2) the U.S. Army identified and notified the NRC of the presence of radioactive material; and (3) the U.S. Army implemented corrective actions in response to the discovery of the presence of the depleted uranium. Therefore, insofar as the NRC has undertaken certain activities requested by the Petitioner, that being the initiation of an investigation to determine whether the U.S. Army possesses DU in licensable quantities without authorization from the NRC to do so and the issuance of an enforcement action based on that investigation, the NRC granted that portion of the Petition concerned with such activities. In addition, the Petition requested that, if the NRC determined that a violation occurred, to assess against the U.S. Army the maximum penalty permitted by law, and asked that any assessed monetary fines be applied to the environmental remediation of DU contamination at the Schofield Barracks and Pohakuloa Training Area installations in Hawaii, if the law provides for such action. Were the NRC to have chosen to impose a civil penalty, the law does not provide for the application of that assessed civil penalty to the environmental remediation of DU contamination as requested by the Petitioner. Fines assessed for violations of NRC requirements are sent to the U.S. Treasury. Therefore, this portion of the Petition was denied. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 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 29th day of October 2011. For the Nuclear Regulatory Commission. Cynthia A. Carpenter, Deputy Director, Office of Federal and State Materialsand Environmental Management Programs. [FR Doc. 2011–28889 Filed 11–7–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2011–0204] Proposed Generic Communication Draft Generic Letter on Seismic Risk Evaluations for Operating Reactors Nuclear Regulatory Commission. ACTION: Draft generic letter; extension of comment period. AGENCY: On September 1, 2011 (76 FR 54507), the U.S. Nuclear Regulatory Commission (NRC) published for public comment Draft Generic Letter 2011–XX: Seismic Risk Evaluations for Operating Reactors. The public comment period was scheduled to expire on October, 31, 2011; however, on September 16, 2011 (76 FR 57767), the NRC issued a correction and extended the public comment period to November 15, 2011. In order to allow the public sufficient time to review and comment on the Draft Generic Letter, the NRC has decided to extend the comment period for the Draft Generic Letter until December 15, 2011. DATES: The comment period has been extended and expires on December 15, 2011. Comments received after this date will be considered if it is practical to do so. The NRC is only able to assure consideration of comments received on or before this date. ADDRESSES: Please include Docket ID NRC–2011–0204 in the subject line of your comments. For instructions on submitting comments and accessing documents related to this action, see Section I, ‘‘Submitting Comments and Accessing Information’’ in the SUPPLEMENTARY INFORMATION section of this document. You may submit SUMMARY: E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices comments by any one of the following methods: • Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0204. Address questions about NRC dockets to Carol Gallagher, telephone: (301) 492–3668; email: 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. FOR FURTHER INFORMATION CONTACT: Kamal Manoly, Division of Engineering, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: (301) 415–2765, email: Kamal.Manoly@nrc.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES I. Submitting Comments and Accessing Information Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site, https:// 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 can access publicly available documents related to this document 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 https://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 VerDate Mar<15>2010 16:29 Nov 07, 2011 Jkt 226001 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 email to pdr.resource@nrc.gov. The Draft Generic Letter is available electronically in ADAMS under Accession Number ML111710783. • Federal Rulemaking Web Site: Public comments and supporting materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID NRC–2011– 0204. II. Discussion On September 1, 2011 (76 FR 54507), the NRC published for public comment Draft Generic Letter 2011–XX: Seismic Risk Evaluations for Operating Reactors to inform addressees that the NRC requests addressees to evaluate their facilities to determine the current level of seismic risk and to submit the requested information to facilitate the NRC’s determination if there is a need for additional regulatory action. The public comment period was scheduled to expire on October, 31, 2011; however, on September 16, 2011 (76 FR 57767), the NRC issued a correction and extended the public comment period to November 15, 2011. In order to allow the public sufficient time to review and comment on the Draft Generic Letter, the NRC has decided to extend the comment period for the Draft Generic Letter until December 15, 2011. Dated at Rockville, Maryland, this 31 day of October, 2011. For the Nuclear Regulatory Commission. Stacey Rosenberg, Chief, Generic Communications and Power Uprate Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. 2011–28895 Filed 11–7–11; 8:45 am] BILLING CODE 7590–01–P 69295 being established to preside over the following proceeding: Strata Energy, Inc. (Ross In Situ Recovery Uranium Project) This proceeding involves a license application from Peninsula Minerals, Ltd., doing business as Strata Energy, Inc., requesting a new source and byproduct materials license at its Ross In Situ Recovery Uranium Project site located in Crook County, Wyoming. In response to a Notice of Materials License Application, Opportunity to Request a Hearing and to Petition for Leave to Intervene, and Commission Order Imposing Procedures for document Access to Sensitive Unclassified Non-Safeguards Information published in the Federal Register on July 13, 2011 (76 FR 41,308), a petition to intervene was submitted by the Natural Resources Defense Council (NRDC) and Powder River Basin Resource Council (PRBRC) from Geoffrey Fettus of NRDC and Shannon Anderson of PRBRC. The Board is comprised of the following administrative judges: G. Paul Bollwerk, III, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Dr. Richard F. Cole, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Dr. Kenneth L. Mossman, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. All correspondence, documents, and other materials shall be filed in accordance with the NRC E–Filing rule, which the NRC promulgated in August 2007 (72 FR 49,139). Issued at Rockville, Maryland, this 2nd day of November 2011. E. Roy Hawkens, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. 2011–28884 Filed 11–7–11; 8:45 am] NUCLEAR REGULATORY COMMISSION BILLING CODE 7590–01–P [Docket No. 40–9091–MLA; ASLBP No. 12– 915–01–MLA–BD01] NUCLEAR REGULATORY COMMISSION Strata Energy, Inc.; Establishment of Atomic Safety and Licensing Board Sunshine Act Notice Pursuant to delegation by the Commission dated December 29, 1972, published in the Federal Register, 37 FR 28,710 (1972), and the Commission’s regulations, see 10 CFR 2.104, 2.105, 2.300, 2.309, 2.313, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board (Board) is PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Nuclear Regulatory Commission, [NRC–2011– 0006]. DATES: Weeks of November 7, 14, 21, 28, December 5, 12, 2011. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. AGENCY HOLDING THE MEETINGS: E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69294-69295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28895]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2011-0204]


Proposed Generic Communication Draft Generic Letter on Seismic 
Risk Evaluations for Operating Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft generic letter; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: On September 1, 2011 (76 FR 54507), the U.S. Nuclear 
Regulatory Commission (NRC) published for public comment Draft Generic 
Letter 2011-XX: Seismic Risk Evaluations for Operating Reactors. The 
public comment period was scheduled to expire on October, 31, 2011; 
however, on September 16, 2011 (76 FR 57767), the NRC issued a 
correction and extended the public comment period to November 15, 2011. 
In order to allow the public sufficient time to review and comment on 
the Draft Generic Letter, the NRC has decided to extend the comment 
period for the Draft Generic Letter until December 15, 2011.

DATES: The comment period has been extended and expires on December 15, 
2011. Comments received after this date will be considered if it is 
practical to do so. The NRC is only able to assure consideration of 
comments received on or before this date.

ADDRESSES: Please include Docket ID NRC-2011-0204 in the subject line 
of your comments. For instructions on submitting comments and accessing 
documents related to this action, see Section I, ``Submitting Comments 
and Accessing Information'' in the SUPPLEMENTARY INFORMATION section of 
this document. You may submit

[[Page 69295]]

comments by any one of the following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0204. Address questions about NRC dockets to Carol Gallagher, 
telephone: (301) 492-3668; email: 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.

FOR FURTHER INFORMATION CONTACT: Kamal Manoly, Division of Engineering, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: (301) 415-2765, 
email: Kamal.Manoly@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal rulemaking Web site, https://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 can access publicly available documents related to this 
document 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 https://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 email to 
pdr.resource@nrc.gov. The Draft Generic Letter is available 
electronically in ADAMS under Accession Number ML111710783.
     Federal Rulemaking Web Site: Public comments and 
supporting materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID NRC-2011-0204.

II. Discussion

    On September 1, 2011 (76 FR 54507), the NRC published for public 
comment Draft Generic Letter 2011-XX: Seismic Risk Evaluations for 
Operating Reactors to inform addressees that the NRC requests 
addressees to evaluate their facilities to determine the current level 
of seismic risk and to submit the requested information to facilitate 
the NRC's determination if there is a need for additional regulatory 
action. The public comment period was scheduled to expire on October, 
31, 2011; however, on September 16, 2011 (76 FR 57767), the NRC issued 
a correction and extended the public comment period to November 15, 
2011. In order to allow the public sufficient time to review and 
comment on the Draft Generic Letter, the NRC has decided to extend the 
comment period for the Draft Generic Letter until December 15, 2011.

    Dated at Rockville, Maryland, this 31 day of October, 2011.

    For the Nuclear Regulatory Commission.
Stacey Rosenberg,
Chief, Generic Communications and Power Uprate Branch, Division of 
Policy and Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-28895 Filed 11-7-11; 8:45 am]
BILLING CODE 7590-01-P
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