Tennessee Valley Authority; Notice of Acceptance for Docketing of Application and Notice of Opportunity for Hearing Regarding Renewal of Sequoyah Nuclear Plant, Units 1 and 2 Facility Operating License Nos. DPR-77, DPR-79 for an Additional 20-Year Period, 14362-14365 [2013-05020]
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and December 17, 2012, the licensee,
acting on behalf of Energy Future
Holdings Corporation (EFH), Energy
Future Competitive Holdings Company
(EFCH), Texas Competitive Electric
Holdings Company LLC, and Luminant
Holding Company LLC, the applicants,
seek approval pursuant to 10 CFR 50.80
of the indirect transfer of control of
CPNPP, Units 1 and 2, Facility
Operating License Nos. NPF–87 and
NPF–89, respectively. The transfer also
involves the general license for CPNPP
Independent Spent Fuel Storage
Installation Facility.
EFCH is a direct, wholly owned
subsidiary of EFH. EFCH, through its
wholly owned subsidiaries, owns
Luminant, the owner and operator of
CPNPP. EFH is planning an internal
transaction, the ultimate result of which
is to convert EFCH from a Texas
corporation into a Delaware limited
liability corporation. Following the
conversion, EFCH will remain a wholly
owned subsidiary of EFH, and EFH will
retain the same assets, liabilities,
owners, board of directors, and
management. There will be no change of
control of EFH, EFCH, or Luminant as
a result of this internal restructuring. No
physical changes to the CPNPP facilities
or operational changes are proposed.
The internal restructuring will be
completed in several steps. EFH would
form a new wholly owned subsidiary
known as EFH2 corporation (EFH2),
which would be a Texas corporation.
EFH would then contribute its stock in
EFCH to EFH2 causing EFCH to become
a wholly owned subsidiary of EFH2.
EFCH would then convert to a Delaware
limited liability company by operation
of applicable Texas and Delaware law.
Finally, EFH would merge with and into
EFH2 with EFH2 being the surviving
entity, and EFH2 would change its name
to Energy Future Holdings Corporation
and adopt the current certificate of
formation and bylaws of EFH.
Approval of the indirect transfer of
the facility operating license was
requested by Luminant. A notice
entitled, AConsideration of Approval of
Application Containing Sensitive
Unclassified Non-Safeguards
Information Regarding Proposed Energy
Future Holdings Corporation Internal
Restructuring,’’ was published in the
Federal Register on January 2, 2013 (78
FR 119), and a correction notice was
published on January 10, 2013 (78 FR
2295). No comments or hearing requests
were received. The supplemental letters
dated November 26, December 5, and
December 17, 2012, provided additional
information that clarified the
application and did not expand the
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scope of the application as originally
noticed.
Under 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 U.S. Nuclear
Regulatory Commission (NRC) shall give
its consent in writing. Upon review of
the information in the application as
supplemented, and other information
before the Commission, and relying
upon the representations and
agreements in the application, the NRC
staff has determined that the proposed
indirect transfer of control of the subject
licenses held by the licensee to the
extent such will result from the
proposed internal restructuring, as
described in the application, will not
affect the qualifications of the licensee
to hold the respective licenses and is
otherwise consistent with the applicable
provisions of law, regulations, and
orders issued by the NRC, pursuant
thereto, subject to the conditions set
forth below. The findings set forth above
are supported by a safety evaluation
dated February 25, 2013.
III
Accordingly, pursuant to Sections
161b, 161i, 161.o, and 184 of the Atomic
Energy Act of 1954, as amended (the
Act), 42 U.S.C. 2201(b), 2201(i), 2201(o),
and 2234; and 10 CFR 50.80, it is hereby
ordered that the application regarding
the proposed indirect license transfer is
approved, subject to the following
condition:
On October 10, 2007, Luminant Holding
Company LLC, the immediate parent
company of Luminant Power, provided
Luminant Power with a support agreement in
the amount of $250 million.
‘‘It is hereby ordered that in connection
with the proposed transaction, Luminant
Holding Company LLC shall increase the
amount available under this support
agreement to $300 million, which provides a
source of funding in an amount that is
adequate to fund approximately one year’s
worth of the average projected expense for
the fixed operations and maintenance (O&M)
of CPNPP.’’
It is further ordered that after receipt
of all required regulatory approvals of
the proposed indirect transfer action,
Luminant shall inform the Director of
the Office of Nuclear Reactor Regulation
in writing of such receipt no later than
5 business days prior to the date of the
closing of the indirect transfer. Should
the proposed indirect transfer not be
completed within 1 year from the date
of this Order, this Order shall become
null and void, provided, however, upon
written application and good cause
shown, such date may be extended by
Order.
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This Order is effective upon issuance.
For further details with respect to this
Order, see the initial application dated
October 11, 2012 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML12312A157), as supplemented by
letters dated October 24, November 26,
December 5, and December 17, 2012
(ADAMS Accession Nos.
ML12312A071, ML12340A446,
ML12354A058, and ML12363A028,
respectively), and the safety evaluation
dated February 22, 2013, which are
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area 01 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 https://
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 email
to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 22nd day
of February 2013.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2013–05021 Filed 3–4–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–327, 50–328; NRC–2013–
0037]
Tennessee Valley Authority; Notice of
Acceptance for Docketing of
Application and Notice of Opportunity
for Hearing Regarding Renewal of
Sequoyah Nuclear Plant, Units 1 and 2
Facility Operating License Nos. DPR–
77, DPR–79 for an Additional 20-Year
Period
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the renewal of operating
licenses DPR–77 and DPR–79, which
authorizes Tennessee Valley Authority
(TVA), to operate the Sequoyah Nuclear
Plant (SQN) Unit 1 at 3455 megawatts
thermal and Unit 2 at 3455 megawatts
thermal. The renewed licenses would
authorize the applicant to operate SQN,
Units 1 and 2, for an additional 20 years
beyond the period specified in the
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current licenses. SQN Units 1 and 2 are
located in Soddy-Daisy, TN; the current
operating license for Unit 1 expires on
September 17, 2020, and Unit 2 expires
on September 15, 2021.
TVA submitted the application dated
January 7, 2013, pursuant to part 54 of
Title 10 of the Code of Federal
Regulations (10 CFR), to renew
operating licenses DPR–77 and DPR–79.
A notice of receipt and availability of
the license renewal application (LRA)
was published in the Federal Register
on February 22, 2013 (78 FR 12365).
The Commission’s staff has
determined that TVA has submitted
sufficient information in accordance
with 10 CFR 54.19, 54.21, 54.22, 54.23,
51.45, and 51.53(c), to enable the staff
to undertake a review of the application,
and that the application is therefore
acceptable for docketing. The current
Docket Numbers, 50–327 and 50–328,
for operating license numbers DPR–77,
DPR–79, respectively, will be retained.
The determination to accept the LRA for
docketing does not constitute a
determination that a renewed license
should be issued, and does not preclude
the NRC staff from requesting additional
information as the review proceeds.
Before issuance of the requested
renewed licenses, the NRC will have
made the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations. In accordance with 10
CFR 54.29, the NRC may issue a
renewed license on the basis of its
review if it finds that actions have been
identified and have been or will be
taken with respect to: (1) Managing the
effects of aging during the period of
extended operation on the functionality
of structures and components that have
been identified as requiring aging
management review, and (2) timelimited aging analyses that have been
identified as requiring review, such that
there is reasonable assurance that the
activities authorized by the renewed
license will continue to be conducted in
accordance with the current licensing
basis (CLB) and that any changes made
to the plant’s CLB will comply with the
Act and the Commission’s regulations.
Additionally, in accordance with 10
CFR 51.95(c), the NRC will prepare an
environmental impact statement that is
a supplement to the Commission’s
NUREG–1437, ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Power Plants,’’ dated May
1996. In considering the LRA, the
Commission must find that the
applicable requirements of Subpart A of
10 CFR part 51 have been satisfied, and
that matters raised under 10 CFR 2.335
have been addressed. Pursuant to 10
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CFR 51.26, and as part of the
environmental scoping process, the staff
intends to hold a public scoping
meeting. Detailed information regarding
the environmental scoping meeting will
be the subject of a separate Federal
Register notice.
Within 60 days after the date of
publication of this Federal Register
notice, any person whose interest may
be affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
for a hearing and a petition for leave to
intervene with respect to the renewal of
the license. Requests for a hearing or
petitions for leave to intervene must be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings and
Issuance of Orders’’ in 10 CFR part 2.
Interested persons should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852
and is accessible from the NRC’s
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html. https://www.nrc.gov/
readingrm/adams.html Persons who do
not have access to the Internet or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC’s PDR reference staff by
telephone at 1–800–397–4209, or 301–
415–4737, or by email at
PDR.Resource@nrc.gov. If a request for a
hearing/petition for leave to intervene is
filed within the 60-day period, the
Commission or a presiding officer
designated by the Commission or by the
Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel will
issue a notice of a hearing or an
appropriate order. In the event that no
request for a hearing or petition for
leave to intervene is filed within the 60day period, the NRC may, upon
completion of its evaluations and upon
making the findings required parts 51
and 54 of Title 10 of the Code of Federal
Regulations (10 CFR), renew the license
without further notice.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding, taking into
consideration the limited scope of
matters that may be considered
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pursuant to 10 CFR parts 51 and 54. The
petition must specifically explain the
reasons why intervention should be
permitted with particular reference to
the following factors: (1) The nature of
the requestor’s/petitioner’s right under
the Act to be made a party to the
proceeding; (2) the nature and extent of
the requestor’s/petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any decision or order which may be
entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the basis
for each contention and a concise
statement of the alleged facts or the
expert opinion that supports the
contention on which the requestor/
petitioner intends to rely in proving the
contention at the hearing. The
requestor/petitioner must also provide
references to those specific sources and
documents of which the requestor/
petitioner is aware and on which the
requestor/petitioner intends to rely to
establish those facts or expert opinion.
The requestor/petitioner must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact.1 Contentions shall be limited to
matters within the scope of the action
under consideration. The contention
must be one that, if proven, would
entitle the requestor/petitioner to relief.
A requestor/petitioner who fails to
satisfy these requirements with respect
to at least one contention will not be
permitted to participate as a party.
Petitions filed after the deadline,
amended petitions, and supplemental
petitions will not be entertained absent
a determination by the Commission, the
Atomic Safety and Licensing Board
Panel or a Presiding Officer that the
petition should be granted and/or the
contentions should be admitted based
upon a balancing of the factors specified
in 10 CFR 2.309(c)(1)(i)–(viii).
A State, county, municipality,
Federally-recognized Indian Tribe, or
agencies thereof, may submit a petition
to the Commission to participate as a
1 To the extent that the application contains
attachments and supporting documents that are not
publicly available because they are asserted to
contain safeguards or proprietary information,
petitioners desiring access to this information
should contact the applicant or applicant’s counsel
to discuss the need for a protective order.
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party under 10 CFR 2.309(d)(2). The
petition should state the nature and
extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by May 6,
2013. The petition must be filed in
accordance with the filing instructions
in section IV of this document, and
should meet the requirements for
petitions for leave to intervene set forth
in this section, except that State and
Federally-recognized Indian tribes do
not need to address the standing
requirements in 10 CFR 2.309(d)(1) if
the facility is located within its
boundaries. The entities listed above
could also seek to participate in a
hearing as a nonparty pursuant to 10
CFR 2.315(c).
Any person who does not wish, or is
not qualified, to become a party to this
proceeding may request permission to
make a limited appearance pursuant to
the provisions of 10 CFR 2.315(a). A
person making a limited appearance
may make an oral or written statement
of position on the issues, but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to such
limits and conditions as may be
imposed by the Atomic Safety and
Licensing Board. Persons desiring to
make a limited appearance are
requested to inform the Secretary of the
Commission by May 6, 2013.
The Commission requests that each
contention be given a separate numeric
or alpha designation within one of the
following groups: (1) Technical
(primarily related to safety concerns);
(2) environmental; or (3) miscellaneous.
As specified in 10 CFR 2.309, if two
or more requestors/petitioners seek to
co-sponsor a contention or propose
substantially the same contention, the
requestors/petitioners will be required
to jointly designate a representative who
shall have the authority to act for the
requestors/petitioners with respect to
that contention.
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
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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 ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.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’s Web
site. Further information on the Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
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(PDF) in accordance with NRC guidance
available on the NRC’s public Web site
at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an 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 NRC’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’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call to 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) Frst 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
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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 the 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.
Detailed information about the license
renewal process can be found under the
Nuclear Reactors icon at https://
www.nrc.gov/reactors/operating/
licensing/renewal.html on the NRC’s
Web site. Copies of the application to
renew the operating license for SQN are
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland 20852–2738, and at
https://www.nrc.gov/reactors/operating/
licensing/renewal/applications.html, the
NRC’s Web site while the application is
under review. The application may be
accessed in ADAMS through the NRC’s
Public Electronic Reading Room on the
Internet at https://www.nrc.gov/readingrm/adams.html under ADAMS
Accession Number ML130240007. As
stated above, persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS may contact the NRC
PDR reference staff by telephone at 1–
800–397–4209 or 301–415–4737, or by
email to PDR.Resource@nrc.gov.
Petitions filed after the deadline,
amended petitions, and supplemental
petitions will not be entertained absent
a determination by the Commission, the
Atomic Safety and Licensing Board
Panel or a Presiding Officer that the
petition should be granted and/or the
contentions should be admitted based
upon a balancing of the factors specified
in 10 CFR 2.309(c)(1)(i)–(viii).
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The NRC staff has verified that a copy
of the license renewal application is
also available to local residents near
SQN, at the Chattanooga-Hamilton
County Library—Northgate Branch, 520
Northgate Mall, Chattanooga, TN 37415;
the Chattanooga-Hamilton County
Library—Downtown Branch, 1001
Broad St., Chattanooga, TN 37402; and
the Signal Mountain Library, 1114
James Blvd., Signal Mountain, TN
37377.
Dated at Rockville, Maryland, this 25th day
of February, 2013.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. 2013–05020 Filed 3–4–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0001]
Sunshine Act Meetings
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission.
DATES: Weeks of March 4, 11, 18, 25,
April 1, 8, 2013.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
Week of March 4, 2013
There are no meetings scheduled for
the week of March 4, 2013.
Week of March 11, 2013—Tentative
Monday, March 11, 2013
9:15 a.m. Affirmation Session (Public
Meeting) (Tentative)
Calvert Cliffs 3 Nuclear Project, LLC
& UniStar Nuclear Operating
Services, LLC (Calvert Cliffs
Nuclear Power Plant, Unit 3),
Docket No. 52–016–COL, Petition
for Review of LBP–12–19
(Tentative)
Week of March 18, 2013—Tentative
There are no meetings scheduled for
the week of March 18, 2013.
Week of March 25, 2013—Tentative
There are no meetings scheduled for
the week of March 25, 2013.
Week of April 1, 2013—Tentative
Tuesday April 2, 2013
9:30 a.m. Meeting with Organization of
Agreement States (OAS) and
Conference of Radiation Control
Program Directors (CRCPD) (Public
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14365
Meeting) (Contact: Cindy Flannery,
301–415–0223).
This meeting will be Web cast live at
the Web address—www.nrc.gov
Week of April 8, 2013—Tentative
There are no meetings scheduled for
the week of April 8, 2013.
*
*
*
*
*
* The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—301–415–1292.
Contact person for more information:
Rochelle Bavol, 301–415–1651.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0727, or
by email at kimberly.meyerchambers@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
*
*
*
*
*
This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an email to
darlene.wright@nrc.gov.
Dated: February 28, 2013.
Rochelle C. Bavol,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2013–05171 Filed 3–1–13; 4:15 pm]
BILLING CODE 7590–01–P
OVERSEAS PRIVATE INVESTMENT
CORPORATION
Sunshine Act Meetings; Board of
Directors Meeting
Thursday, March 21,
2013, 10 a.m. (Open Portion) 10:15 a.m.
(Closed Portion).
PLACE: Offices of the Corporation,
Twelfth Floor Board Room, 1100 New
York Avenue NW., Washington, DC.
STATUS: Meeting Open to the Public
from 10 a.m. to 10:15 a.m. Closed
TIME AND DATE:
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14362-14365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05020]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-327, 50-328; NRC-2013-0037]
Tennessee Valley Authority; Notice of Acceptance for Docketing of
Application and Notice of Opportunity for Hearing Regarding Renewal of
Sequoyah Nuclear Plant, Units 1 and 2 Facility Operating License Nos.
DPR-77, DPR-79 for an Additional 20-Year Period
The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of operating licenses DPR-77 and DPR-79,
which authorizes Tennessee Valley Authority (TVA), to operate the
Sequoyah Nuclear Plant (SQN) Unit 1 at 3455 megawatts thermal and Unit
2 at 3455 megawatts thermal. The renewed licenses would authorize the
applicant to operate SQN, Units 1 and 2, for an additional 20 years
beyond the period specified in the
[[Page 14363]]
current licenses. SQN Units 1 and 2 are located in Soddy-Daisy, TN; the
current operating license for Unit 1 expires on September 17, 2020, and
Unit 2 expires on September 15, 2021.
TVA submitted the application dated January 7, 2013, pursuant to
part 54 of Title 10 of the Code of Federal Regulations (10 CFR), to
renew operating licenses DPR-77 and DPR-79. A notice of receipt and
availability of the license renewal application (LRA) was published in
the Federal Register on February 22, 2013 (78 FR 12365).
The Commission's staff has determined that TVA has submitted
sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22,
54.23, 51.45, and 51.53(c), to enable the staff to undertake a review
of the application, and that the application is therefore acceptable
for docketing. The current Docket Numbers, 50-327 and 50-328, for
operating license numbers DPR-77, DPR-79, respectively, will be
retained. The determination to accept the LRA for docketing does not
constitute a determination that a renewed license should be issued, and
does not preclude the NRC staff from requesting additional information
as the review proceeds.
Before issuance of the requested renewed licenses, the NRC will
have made the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's rules and regulations. In
accordance with 10 CFR 54.29, the NRC may issue a renewed license on
the basis of its review if it finds that actions have been identified
and have been or will be taken with respect to: (1) Managing the
effects of aging during the period of extended operation on the
functionality of structures and components that have been identified as
requiring aging management review, and (2) time-limited aging analyses
that have been identified as requiring review, such that there is
reasonable assurance that the activities authorized by the renewed
license will continue to be conducted in accordance with the current
licensing basis (CLB) and that any changes made to the plant's CLB will
comply with the Act and the Commission's regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will
prepare an environmental impact statement that is a supplement to the
Commission's NUREG-1437, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Power Plants,'' dated May 1996. In
considering the LRA, the Commission must find that the applicable
requirements of Subpart A of 10 CFR part 51 have been satisfied, and
that matters raised under 10 CFR 2.335 have been addressed. Pursuant to
10 CFR 51.26, and as part of the environmental scoping process, the
staff intends to hold a public scoping meeting. Detailed information
regarding the environmental scoping meeting will be the subject of a
separate Federal Register notice.
Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who wishes to participate as a party in the proceeding
must file a written request for a hearing and a petition for leave to
intervene with respect to the renewal of the license. Requests for a
hearing or petitions for leave to intervene must be filed in accordance
with the Commission's ``Rules of Practice for Domestic Licensing
Proceedings and Issuance of Orders'' in 10 CFR part 2. Interested
persons should consult a current copy of 10 CFR 2.309, which is
available at the Commission's Public Document Room (PDR), located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852 and is accessible from the NRC's Agencywide Documents
Access and Management System (ADAMS) Public Electronic Reading Room on
the Internet at https://www.nrc.gov/reading-rm/adams.html. https://www.nrc.gov/readingrm/adams.html Persons who do not have access to the
Internet or who encounter problems in accessing the documents located
in ADAMS should contact the NRC's PDR reference staff by telephone at
1-800-397-4209, or 301-415-4737, or by email at PDR.Resource@nrc.gov.
If a request for a hearing/petition for leave to intervene is filed
within the 60-day period, the Commission or a presiding officer
designated by the Commission or by the Chief Administrative Judge of
the Atomic Safety and Licensing Board Panel will rule on the request
and/or petition; and the Secretary or the Chief Administrative Judge of
the Atomic Safety and Licensing Board Panel will issue a notice of a
hearing or an appropriate order. In the event that no request for a
hearing or petition for leave to intervene is filed within the 60-day
period, the NRC may, upon completion of its evaluations and upon making
the findings required parts 51 and 54 of Title 10 of the Code of
Federal Regulations (10 CFR), renew the license without further notice.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding, taking into consideration the limited scope of matters
that may be considered pursuant to 10 CFR parts 51 and 54. The petition
must specifically explain the reasons why intervention should be
permitted with particular reference to the following factors: (1) The
nature of the requestor's/petitioner's right under the Act to be made a
party to the proceeding; (2) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding;
and (3) the possible effect of any decision or order which may be
entered in the proceeding on the requestor's/petitioner's interest. The
petition must also set forth the specific contentions which the
petitioner/requestor seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the basis for
each contention and a concise statement of the alleged facts or the
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the requestor/petitioner is aware and on
which the requestor/petitioner intends to rely to establish those facts
or expert opinion. The requestor/petitioner must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact.\1\ Contentions shall be limited to
matters within the scope of the action under consideration. The
contention must be one that, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
---------------------------------------------------------------------------
\1\ To the extent that the application contains attachments and
supporting documents that are not publicly available because they
are asserted to contain safeguards or proprietary information,
petitioners desiring access to this information should contact the
applicant or applicant's counsel to discuss the need for a
protective order.
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Petitions filed after the deadline, amended petitions, and
supplemental petitions will not be entertained absent a determination
by the Commission, the Atomic Safety and Licensing Board Panel or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a
[[Page 14364]]
party under 10 CFR 2.309(d)(2). The petition should state the nature
and extent of the petitioner's interest in the proceeding. The petition
should be submitted to the Commission by May 6, 2013. The petition must
be filed in accordance with the filing instructions in section IV of
this document, and should meet the requirements for petitions for leave
to intervene set forth in this section, except that State and
Federally-recognized Indian tribes do not need to address the standing
requirements in 10 CFR 2.309(d)(1) if the facility is located within
its boundaries. The entities listed above could also seek to
participate in a hearing as a nonparty pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Atomic Safety and Licensing Board.
Persons desiring to make a limited appearance are requested to inform
the Secretary of the Commission by May 6, 2013.
The Commission requests that each contention be given a separate
numeric or alpha designation within one of the following groups: (1)
Technical (primarily related to safety concerns); (2) environmental; or
(3) miscellaneous.
As specified in 10 CFR 2.309, if two or more requestors/petitioners
seek to co-sponsor a contention or propose substantially the same
contention, the requestors/petitioners will be required to jointly
designate a representative who shall have the authority to act for the
requestors/petitioners with respect to that contention.
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 the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC'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's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC'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 NRC'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's public
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call to 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) Frst 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
[[Page 14365]]
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 the
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.
Detailed information about the license renewal process can be found
under the Nuclear Reactors icon at https://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRC's Web site. Copies of the
application to renew the operating license for SQN are available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, 11555 Rockville Pike (first floor),
Rockville, Maryland 20852-2738, and at https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the NRC's Web site while
the application is under review. The application may be accessed in
ADAMS through the NRC's Public Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession
Number ML130240007. As stated above, persons who do not have access to
ADAMS or who encounter problems in accessing the documents located in
ADAMS may contact the NRC PDR reference staff by telephone at 1-800-
397-4209 or 301-415-4737, or by email to PDR.Resource@nrc.gov.
Petitions filed after the deadline, amended petitions, and
supplemental petitions will not be entertained absent a determination
by the Commission, the Atomic Safety and Licensing Board Panel or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
The NRC staff has verified that a copy of the license renewal
application is also available to local residents near SQN, at the
Chattanooga-Hamilton County Library--Northgate Branch, 520 Northgate
Mall, Chattanooga, TN 37415; the Chattanooga-Hamilton County Library--
Downtown Branch, 1001 Broad St., Chattanooga, TN 37402; and the Signal
Mountain Library, 1114 James Blvd., Signal Mountain, TN 37377.
Dated at Rockville, Maryland, this 25th day of February, 2013.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2013-05020 Filed 3-4-13; 8:45 am]
BILLING CODE 7590-01-P
