Central Vermont Public Service Corporation, Millstone Power Station, Unit 3; Notice of Consideration of Approval of Application Regarding Proposed Acquisition and Opportunity for a Hearing, 11596-11598 [2012-4559]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES 11596 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices requirement will not be met. The underwater radiated noise limit is being achieved through a material specification (specifically calling out hardware requirements to the shipyard) as opposed to a performance specification where the shipyard has responsibility for meeting the requirement any way they see fit. Therefore, UAF bears full responsibility for this capability, which makes any deviation from the specifications an even greater risk to project success. The ‘‘quiet’’ seawater system balancing valves are larger than conventional balancing valves, and future replacement of non-compliant valves would entail costly re-design and re-work of the entire cooling system. Because of the piping size, type, and location, this would cost between $300,000 and 500,000 or roughly 10 times the cost of the compliant valves. The market research included trade publication and Web based searches for balancing valves of all types. Approximately thirty (30) companies were identified that manufacture balancing valves. Of these, only five (5) appeared to produce valves that would meet specification requirements (based on the information found on company Web sites) and therefore warranted additional investigation (via telephone and email) by the shipyard. Of the five, only two (2) companies were identified that could produce low cavitation, marine-grade seawater system balancing valves; one was both foreign-owned and manufactured, while the other was U.S.owned and foreign-manufactured. The shipyard decided to pursue the U.S.owned valve company as the best option, but this purchase would still require an exemption due to foreign manufacture. The project’s conclusion is that there are no U.S. manufacturers who produce a suitable seawater system balancing valves that meet all of the ARRV requirements, so an exemption to the Buy American requirements is necessary. In the absence of a U.S. manufacturer that could provide requirementscompliant quiet seawater system balancing valves, UAF requested that NSF issue a Section 1605 exemption determination with respect to the purchase of a foreign-supplied, requirements-compliant quiet seawater system balancing valves, so that the vessel will meet the specific design and technical requirements that, as explained above, are necessary for this vessel to be able to perform its mission successfully. Furthermore, the shipyard’s market research indicated that quiet seawater system balancing VerDate Mar<15>2010 18:10 Feb 24, 2012 Jkt 226001 valves compliant with the ARRV’s technical specifications and requirements are commercially available from a U.S. company within their standard product lines, but are manufactured overseas, which necessitates an exemption. NSF’s Division of Acquisition and Cooperative Support (DACS) and other NSF program staff reviewed the UAF exemption request submittal, found that it was complete, and determined that sufficient technical information was provided in order for NSF to evaluate the exemption request and to conclude that an exemption is needed and should be granted. III. Exemption On February 15, 2012, based on the finding that no domestically produced quiet seawater system balancing valves met all of the ARRV’s technical specifications and requirements and pursuant to section 1605(b), the NSF Chief Financial Officer, in accordance with a delegation order from the Director of the agency signed on May 27, 2010, granted a limited project exemption of the Recovery Act’s Buy American requirements with respect to the procurement of quiet seawater system balancing valves. Dated: February 17, 2012. Lawrence Rudolph, General Counsel. BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–423; NRC–2012–0044] Central Vermont Public Service Corporation, Millstone Power Station, Unit 3; Notice of Consideration of Approval of Application Regarding Proposed Acquisition 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 March 28, 2012. A request for a hearing must be filed by March 19, 2012. ADDRESSES: You may access information and comment submissions related to this document by searching on https:// www.regulations.gov under Docket ID NRC–2012–0044. You may submit comments by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Carleen J. Sanders, Project Manager, Plant Licensing Branch I–2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 301–415–1603; email: carleen.sanders@nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments A. Accessing Information [FR Doc. 2012–4460 Filed 2–24–12; 8:45 am] DATES: for Docket ID NRC–2012–0044. 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 additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. Please refer to Docket ID NRC–2012– 0044 when contacting the NRC about the availability of information regarding this document. You may access information related to this document by the following methods: • Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0044. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The application dated September 9, 2011, as supplemented by letter dated November 4, 2011, is available electronically under ADAMS Accession Nos. ML11256A051 and ML11311A148, respectively. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. E:\FR\FM\27FEN1.SGM 27FEN1 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices B. Submitting Comments Please include Docket ID NRC–2012– 0044 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into ADAMS, and the NRC does not edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information in their comment submissions that they do not want to be publicly disclosed. Your request should state that the NRC will not edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. srobinson on DSK4SPTVN1PROD with NOTICES II. Background The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the indirect transfer of the Renewed Facility Operating License (No. NPF–49) for the Millstone Power Station, Unit 3 (MPS3) to the extent held by Central Vermont Public Service Corporation (CVPS). CVPS is a 1.7303% minority co-owner of MPS3. The remaining co-owners are Massachusetts Municipal Wholesale Electric Company (4.7990%) and Dominion Nuclear Connecticut, Inc. (93.4707%). Dominion Nuclear Inc. is the licensed operator. According to an application for approval filed by CVPS in connection with the acquisition of ´ CVPS by Gaz Metro Limited Partnership, CVPS will become an indirect wholly owned subsidiary of ´ Gaz Metro Limited Partnership. CVPS will continue to be a minority co-owner and licensee of the facility. This application does not affect Massachusetts Municipal Wholesale Electric Company’s ownership or Dominion Nuclear Connecticut, Inc.’s ownership and operation of the facility. No physical changes to the MPS3 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 VerDate Mar<15>2010 18:10 Feb 24, 2012 Jkt 226001 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 acquisition 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. III. Opportunity To Request a Hearing 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 https:// www.nrc.gov/reading-rm/doccollections/cfr/. IV. Electronic Submissions (E–Filing) 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 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 11597 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 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at (301) 415–1677, to request (1) a digital identification (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 the NRC’s public Web site at https:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the E– Submittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at https://www.nrc.gov/ site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E–Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E–Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, 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/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 E:\FR\FM\27FEN1.SGM 27FEN1 srobinson on DSK4SPTVN1PROD with NOTICES 11598 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with the NRC guidance available on the NRC’s public Web site at https://www.nrc.gov/sitehelp/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 email notice confirming receipt of the document. The E–Filing system also distributes an email notice that provides access to the document to the NRC’s Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E–Filing system. A person filing electronically using the agency’s adjudicatory E–Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC Web site at https:// www.nrc.gov/site-help/esubmittals.html, by email at MSHD.Resource@nrc.gov, or by a tollfree call at 1–(866) 672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 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. VerDate Mar<15>2010 18:10 Feb 24, 2012 Jkt 226001 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 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:// 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. Dated at Rockville, Maryland this 15th day of February 2012. For the Nuclear Regulatory Commission. Carleen J. Sanders, Project Manager, Plant Licensing Branch I– 2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2012–4559 Filed 2–24–12; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION [NRC–2011–0097] Thermal Overload Protection for Electric Motors on Motor-Operated Valves Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC or Commission) is issuing a revision to Regulatory Guide (RG) 1.106, ‘‘Thermal Overload Protection for Electric Motors on MotorOperated Valves.’’ This regulatory guide describes a method acceptable to NRC’s staff for complying with NRC requirements for the application of thermal overload protection devices that are integral with the motor starter for electric motors on motor-operated valves. SUMMARY: Please refer to Docket ID NRC–2011–0097 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and is publicly-available, using the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2011–0097. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) Reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. The regulatory guide is available electronically under ADAMS Accession Number ML112580358. The regulatory analysis may be found in ADAMS under Accession Number ML120170063. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. ADDRESSES: E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11596-11598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4559]


=======================================================================
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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-423; NRC-2012-0044]


Central Vermont Public Service Corporation, Millstone Power 
Station, Unit 3; Notice of Consideration of Approval of Application 
Regarding Proposed Acquisition and Opportunity for a Hearing

AGENCY: Nuclear Regulatory Commission.

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

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

DATES: Comments must be filed by March 28, 2012. A request for a 
hearing must be filed by March 19, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document by searching on https://www.regulations.gov under 
Docket ID NRC-2012-0044. You may submit comments by the following 
methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0044. 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 additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Carleen J. Sanders, Project Manager, 
Plant Licensing Branch I-2, Division of Operating Reactor Licensing, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Telephone: 301-415-1603; email: 
carleen.sanders@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0044 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document by the following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0044.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The application dated 
September 9, 2011, as supplemented by letter dated November 4, 2011, is 
available electronically under ADAMS Accession Nos. ML11256A051 and 
ML11311A148, respectively.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

[[Page 11597]]

B. Submitting Comments

    Please include Docket ID NRC-2012-0044 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into 
ADAMS, and the NRC does not edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information in their comment submissions 
that they do not want to be publicly disclosed. Your request should 
state that the NRC will not edit comment submissions to remove such 
information before making the comment submissions available to the 
public or entering the comment submissions into ADAMS.

II. Background

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
indirect transfer of the Renewed Facility Operating License (No. NPF-
49) for the Millstone Power Station, Unit 3 (MPS3) to the extent held 
by Central Vermont Public Service Corporation (CVPS). CVPS is a 1.7303% 
minority co-owner of MPS3. The remaining co-owners are Massachusetts 
Municipal Wholesale Electric Company (4.7990%) and Dominion Nuclear 
Connecticut, Inc. (93.4707%). Dominion Nuclear Inc. is the licensed 
operator. According to an application for approval filed by CVPS in 
connection with the acquisition of CVPS by Gaz M[eacute]tro Limited 
Partnership, CVPS will become an indirect wholly owned subsidiary of 
Gaz M[eacute]tro Limited Partnership. CVPS will continue to be a 
minority co-owner and licensee of the facility. This application does 
not affect Massachusetts Municipal Wholesale Electric Company's 
ownership or Dominion Nuclear Connecticut, Inc.'s ownership and 
operation of the facility.
    No physical changes to the MPS3 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 
acquisition 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.

III. Opportunity To Request a Hearing

    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 https://www.nrc.gov/reading-rm/doc-collections/cfr/.

IV. Electronic Submissions (E-Filing)

    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 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at (301) 415-1677, to request (1) a digital identification 
(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 the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
https://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
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

[[Page 11598]]

for leave to intervene. Submissions should be in Portable Document 
Format (PDF) in accordance with the NRC guidance available on the NRC's 
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 email 
notice confirming receipt of the document. The E-Filing system also 
distributes an email notice that provides access to the document to the 
NRC's 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 email at 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-(866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern 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://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.

    Dated at Rockville, Maryland this 15th day of February 2012.
    For the Nuclear Regulatory Commission.
Carleen J. Sanders,
Project Manager, Plant Licensing Branch I-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-4559 Filed 2-24-12; 8:45 am]
BILLING CODE 7590-01-P
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