Vogtle Units 3 and 4; Consideration of Approval of Transfer of Combined License and Conforming Amendment, 3420-3423 [2014-01025]
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3420
Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Notices
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2014–00877 Filed 1–17–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–025 and 52–026; NRC–
2008–0252]
Vogtle Units 3 and 4; Consideration of
Approval of Transfer of Combined
License and Conforming Amendment
Nuclear Regulatory
Commission.
ACTION: License transfer request;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of an application
filed by Southern Nuclear Operating
Company (SNC) on behalf of Municipal
Electric Authority of Georgia (MEAG)
Power and MEAG Power SPVM, LLC;
MEAG Power SPVJ, LLC; and MEAG
Power SPVP, LLC (together, ‘‘the
Applicants’’) on December 2, 2013, as
supplemented on December 12, 2013.
The application seeks NRC approval of
the direct transfer of Combined License
Nos. NPF–091 and NPF–092 for the
Vogtle Electric Generating Plant (VEGP),
Units 3 and 4, from the current holder,
MEAG, to one or more wholly-owned
special purpose entities. These entities
include MEAG Power SPVM, LLC;
MEAG Power SPVJ, LLC; and MEAG
Power SPVP, LLC (together, ‘‘the Project
Companies’’). The NRC is also
considering amending the combined
licenses for administrative purposes to
reflect the proposed transfer.
DATES: Comments must be filed by
February 20, 2014. A request for a
hearing must be filed by February 10,
2014.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0252. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
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SUMMARY:
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• Email comments to:
Hearingdocket@nrc.gov. If you do not
receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
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:
Anthony Minarik, Office of New
Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555;
telephone: 301–415–6185; email:
Anthony.Minarik@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and
Submitting Comments
Please refer to Docket ID NRC–2008–
0252 when contacting the NRC about
the availability of information regarding
this document. You may access
publicly-available information related to
this document by any of the following
methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2008–0252.
• 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 December 2, 2013, as
supplemented on December 12, 2013, is
available in ADAMS under Accession
Nos. ML13337A398 and ML13347B231.
• 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.
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Please include Docket ID NRC–2008–
0252 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 that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely 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 that
they do not want to be publicly
disclosed in their comment
submissions. Your request should state
that the NRC does not routinely edit
comment submissions to remove such
information before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Introduction
A. Accessing Information
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B. Submitting Comments
The NRC is considering the issuance
of an order under § 50.80 of Title 10 of
the Code of Federal Regulations (10
CFR) approving the direct transfer of
some or all of the current 22.7 percent
share of control of the Combined
Licenses, Nos. NPF–091 and NPF–092,
for VEGP Units 3 and 4, from MEAG to
the Project Companies. The NRC is also
considering amending the combined
licenses for administrative purposes to
reflect the proposed transfer.
Following approval of one or all of the
proposed transfers of control of the
combined licenses, MEAG Power
SPVM, LLC, would acquire 7.6886571
percent of MEAG Power’s 22.7 percent
ownership interest in the facility; MEAG
Power SPVJ, LLC, would acquire
9.3466423 percent of MEAG Power’s
22.7 percent ownership interest in the
facility; and MEAG Power SPVP, LLC,
would acquire 5.6647006 percent of
MEAG Power’s 22.7 percent ownership
in the facility. Each of the three transfers
may happen independently of the
others, meaning all three may occur,
two of the three may occur, or just one
may occur during the finalization of the
U.S. Department of Energy’s Loan
Guarantee process. Southern Nuclear
Operating Company, Georgia Power
Company, Oglethorpe Power
Corporation, and the City of Dalton,
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Georgia, will continue to own their
appropriate portions of the facility,
while SNC will continue to operate the
facility.
No physical changes to the VEGP
Units 3 and 4 facility or operational
changes are being proposed in the
application.
The NRC’s regulations at 10 CFR
50.80 state that no license, or any right
thereunder, shall be transferred, directly
or indirectly, through transfer of control
of the license, unless the Commission
gives its consent in writing. The
Commission will approve an
application for the direct transfer of a
license if the Commission determines
that the proposed transferee is qualified
to hold the license, and that the transfer
is otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission.
Before issuance of the proposed
conforming license amendment, the
Commission will have made findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
Commission’s regulations.
As provided in 10 CFR 2.1315, unless
otherwise determined by the
Commission with regard to a specific
application, the Commission has
determined that any amendment to the
license of a utilization facility, which
does no more than conform the license
to reflect the transfer action, involves
‘‘no significant hazards consideration.’’
No contrary determination has been
made with respect to this specific
license amendment application. In light
of the generic determination reflected in
10 CFR 2.1315, no public comments
with respect to significant hazards
considerations are being solicited,
notwithstanding the general comment
procedures contained in 10 CFR 50.91.
III. Opportunity To Request a Hearing;
Petition for Leave To Intervene
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’s 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
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forth in 10 CFR 2.309, which is
available at the NRC’s PDR, located at
O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. The
NRC regulations are accessible
electronically from the NRC Library on
the NRC’s public Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/.
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. The petition
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the Act to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
or fact to be raised or controverted, as
well as a brief explanation of the basis
for the contention. Additionally, the
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings that the NRC
must make to support the granting of a
license amendment in response to the
application. The petition must also
include a concise statement of the
alleged facts or expert opinions which
support the position of the petitioner
and on which the petitioner intends to
rely at the hearing, together with
references to the specific sources and
documents on which the petitioner
intends to rely. Finally, the petition
must provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact, including references to specific
portions of the application for
amendment that the petitioner disputes
and the supporting reasons for each
dispute, or, if the petitioner believes
that the application for amendment fails
to contain information on a relevant
matter as required by law, the
identification of each failure, and the
supporting reasons for the petitioner’s
belief. Each contention must be one
that, if proven, would entitle the
petitioner to relief.
Those permitted to intervene become
parties to the proceeding, subject to any
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limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Atomic Safety and Licensing Board
will set the time and place for any
prehearing conferences and evidentiary
hearings, and the appropriate notices
will be provided.
Requests for hearing, petitions for
leave to intervene, and motions for leave
to file contentions after the deadline in
10 CFR 2.309(b) will not be entertained
absent a determination by the presiding
officer that the new or amended filing
demonstrates good cause by satisfying
the three factors in 10 CFR 2.309(c)(1).
A State, local governmental body,
Federally-recognized Indian Tribe, or
agency thereof may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). 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 February 10, 2014. 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 under § 2.309(h)(2) a State,
local governmental body, or Federallyrecognized Indian tribe, or agency
thereof does not need to address the
standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. A State, local
governmental body, Federallyrecognized Indian Tribe, or agency
thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person
who does not wish, or is not qualified,
to become a party to the proceeding
may, in the discretion of the presiding
officer, be permitted 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 the limits and
conditions as may be imposed by the
presiding officer. Persons desiring to
make a limited appearance are
requested to inform the Secretary of the
Commission by March 24, 2014.
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Federal Register / Vol. 79, No. 13 / Tuesday, January 21, 2014 / Notices
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’s E-Filing rule
(72 FR 49139; August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
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
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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 public
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/sitehelp/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/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 8:00 a.m. and 8:00 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
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continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
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. However, a request to
intervene will require including
information on local residence in order
to demonstrate a proximity assertion of
interest in the proceeding. 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.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
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will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
application, see the application dated
December 2, 2013, as supplemented on
December 12, 2013.
Dated at Rockville, Maryland, this 13th day
of January 2014.
For the Nuclear Regulatory Commission.
Anthony Minarik,
Project Manager, Licensing Branch 4, Division
of New Reactor Licensing, Office of New
Reactors.
[FR Doc. 2014–01025 Filed 1–17–14; 8:45 am]
BILLING CODE 7590–01–P
POSTAL SERVICE
Privacy Act of 1974; System of
Records
Postal ServiceTM.
Notice of modification to
existing systems of records.
AGENCY:
ACTION:
The United States Postal
Service® is proposing to modify two
Customer Privacy Act Systems of
Records. These updates are being made
to account for additional
communication methods that the Postal
Service will use to contact customers
with regard to the delivery of their mail
and packages.
DATES: These revisions will become
effective without further notice on
February 20, 2014 unless comments
received on or before that date result in
a contrary determination.
ADDRESSES: Comments may be mailed
or delivered to the Records Office,
United States Postal Service, 475
L’Enfant Plaza SW., Room 9431,
Washington, DC 20260–1101. Copies of
all written comments will be available
at this address for public inspection and
photocopying between 8 a.m. and 4
p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Matthew J. Connolly, Chief Privacy
Officer, Privacy and Records Office,
202–268–8582.
SUPPLEMENTARY INFORMATION: This
notice is in accordance with the Privacy
Act requirement that agencies publish
their amended systems of records in the
Federal Register when there is a
revision, change, or addition. The Postal
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SUMMARY:
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ServiceTM has reviewed these systems of
records and has determined that this
General Privacy Act System of Records
should be revised to modify categories
of records in the system, purpose(s), and
system manager(s) and address.
I. Background
To improve mail delivery and
customer service, the Postal Service is
enhancing current services to allow for
customer notification upon delivery,
and introducing new services and
options that will enable customers to
designate a specific location for the
delivery of their mail and packages.
II. Rationale for Changes to USPS
Privacy Act Systems of Records
The systems of records 820.200, Mail
Management and Tracking Activity, and
880.000, Post Office and Retail Services,
are being modified to account for the
collection of a customer’s text message
number. The Postal Service will use the
text message number to notify Collect
On Delivery customers that their mail is
ready to be delivered, to communicate
with Package InterceptTM customers to
re-route mail deliveries as requested,
and to confirm that a package has been
delivered to the specific locations
requested by customers who use the
forthcoming Electronically Authorize
Shipment Release feature. The Postal
Service also proposes to amend the
purposes of each SOR to include
providing customers with mail or
package delivery options.
The Postal Service is also updating
and deleting system manager titles to
reflect the current structure of the
organization.
III. Description of Changes to Systems
of Records
The Postal Service is modifying two
systems of records listed below.
Pursuant to 5 U.S.C. 552a (e)(11),
interested persons are invited to submit
written data, views, or arguments on
this proposal. A report of the proposed
modifications has been sent to Congress
and to the Office of Management and
Budget for their evaluation. The Postal
Service does not expect this amended
notice to have any adverse effect on
individual privacy rights. The affected
systems are as follows:
USPS 820.200
SYSTEM NAME: Mail Management and
Tracking Activity
USPS 880.000
SYSTEM NAME: Post Office and Retail
Services
Accordingly, for the reasons stated,
the Postal Service proposes changes in
the existing systems of records as
follows:
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USPS 820.200
SYSTEM NAME:
Mail Management and Tracking
Activity
CATEGORIES OF RECORDS IN THE
SYSTEM
[CHANGE TO READ]
1. Customer information: Customer or
contact name, mail and email
address(es), title or role, phone
number(s), text message number, and
cellphone carrier.
*
*
*
*
*
PURPOSE
*
*
*
*
*
[ADD TEXT]
4. To provide customers with mail or
package delivery options.
*
*
*
*
*
[RENUMBER REMAINING TEXT]
SYSTEM MANAGER(S) AND
ADDRESS
[DELETE]
Vice President, Secure Digital
Solutions, United States Postal Service,
475 L’Enfant Plaza SW., Washington,
DC 20260.
[CHANGE TO READ]
Chief Information Officer and
Executive Vice President, United States
Postal Service, 475 L’Enfant Plaza SW.,
Washington, DC 20260.
*
*
*
*
*
USPS 880.000
SYSTEM NAME:
Post Office and Retail Services
CATEGORIES OF RECORDS IN THE
SYSTEM
[CHANGE TO READ]
1. Customer information: Name,
customer ID(s), customer Personal
Identification Numbers (PINs), company
name, phone number, text message
number, mail and email address, record
of payment, passport applications and a
description of passport services
rendered, and Post Office box and caller
service numbers.
*
*
*
*
*
PURPOSE
*
*
*
*
*
[ADD TEXT]
2. To provide customers with mail or
package delivery options.
*
*
*
*
*
[RENUMBER REMAINING TEXT]
SYSTEM MANAGER(S) AND
ADDRESS
[CHANGE TO READ]
Chief Marketing/Sales Officer and
Executive Vice President, United States
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Agencies
[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3420-3423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01025]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-025 and 52-026; NRC-2008-0252]
Vogtle Units 3 and 4; Consideration of Approval of Transfer of
Combined License and Conforming Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: License transfer request; opportunity to comment, request a
hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by Southern Nuclear
Operating Company (SNC) on behalf of Municipal Electric Authority of
Georgia (MEAG) Power and MEAG Power SPVM, LLC; MEAG Power SPVJ, LLC;
and MEAG Power SPVP, LLC (together, ``the Applicants'') on December 2,
2013, as supplemented on December 12, 2013. The application seeks NRC
approval of the direct transfer of Combined License Nos. NPF-091 and
NPF-092 for the Vogtle Electric Generating Plant (VEGP), Units 3 and 4,
from the current holder, MEAG, to one or more wholly-owned special
purpose entities. These entities include MEAG Power SPVM, LLC; MEAG
Power SPVJ, LLC; and MEAG Power SPVP, LLC (together, ``the Project
Companies''). The NRC is also considering amending the combined
licenses for administrative purposes to reflect the proposed transfer.
DATES: Comments must be filed by February 20, 2014. A request for a
hearing must be filed by February 10, 2014.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: Hearingdocket@nrc.gov. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
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: Anthony Minarik, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555;
telephone: 301-415-6185; email: Anthony.Minarik@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2008-0252 when contacting the NRC
about the availability of information regarding this document. You may
access publicly-available information related to this document by any
of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2008-0252.
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
December 2, 2013, as supplemented on December 12, 2013, is available in
ADAMS under Accession Nos. ML13337A398 and ML13347B231.
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.
B. Submitting Comments
Please include Docket ID NRC-2008-0252 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 that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely 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 that they do not want to be
publicly disclosed in their comment submissions. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Introduction
The NRC is considering the issuance of an order under Sec. 50.80
of Title 10 of the Code of Federal Regulations (10 CFR) approving the
direct transfer of some or all of the current 22.7 percent share of
control of the Combined Licenses, Nos. NPF-091 and NPF-092, for VEGP
Units 3 and 4, from MEAG to the Project Companies. The NRC is also
considering amending the combined licenses for administrative purposes
to reflect the proposed transfer.
Following approval of one or all of the proposed transfers of
control of the combined licenses, MEAG Power SPVM, LLC, would acquire
7.6886571 percent of MEAG Power's 22.7 percent ownership interest in
the facility; MEAG Power SPVJ, LLC, would acquire 9.3466423 percent of
MEAG Power's 22.7 percent ownership interest in the facility; and MEAG
Power SPVP, LLC, would acquire 5.6647006 percent of MEAG Power's 22.7
percent ownership in the facility. Each of the three transfers may
happen independently of the others, meaning all three may occur, two of
the three may occur, or just one may occur during the finalization of
the U.S. Department of Energy's Loan Guarantee process. Southern
Nuclear Operating Company, Georgia Power Company, Oglethorpe Power
Corporation, and the City of Dalton,
[[Page 3421]]
Georgia, will continue to own their appropriate portions of the
facility, while SNC will continue to operate the facility.
No physical changes to the VEGP Units 3 and 4 facility or
operational changes are being proposed in the application.
The NRC's regulations at 10 CFR 50.80 state that no license, or any
right thereunder, shall be transferred, directly or indirectly, through
transfer of control of the license, unless the Commission gives its
consent in writing. The Commission will approve an application for the
direct transfer of a license if the Commission determines that the
proposed transferee is qualified to hold the license, and that the
transfer is otherwise consistent with applicable provisions of law,
regulations, and orders issued by the Commission.
Before issuance of the proposed conforming license amendment, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations.
As provided in 10 CFR 2.1315, unless otherwise determined by the
Commission with regard to a specific application, the Commission has
determined that any amendment to the license of a utilization facility,
which does no more than conform the license to reflect the transfer
action, involves ``no significant hazards consideration.'' No contrary
determination has been made with respect to this specific license
amendment application. In light of the generic determination reflected
in 10 CFR 2.1315, no public comments with respect to significant
hazards considerations are being solicited, notwithstanding the general
comment procedures contained in 10 CFR 50.91.
III. Opportunity To Request a Hearing; Petition for Leave To Intervene
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's 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, which is available at the NRC's PDR, located at O1F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. The NRC
regulations are accessible electronically from the NRC Library on the
NRC's public Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/.
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. The
petition must provide the name, address, and telephone number of the
petitioner and specifically explain the reasons why intervention should
be permitted with particular reference to the following factors: (1)
The nature of the petitioner's right under the Act to be made a party
to the proceeding; (2) the nature and extent of the petitioner's
property, financial, or other interest in the proceeding; and (3) the
possible effect of any order that may be entered in the proceeding on
the petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings that the NRC must make to support the granting of a
license amendment in response to the application. The petition must
also include a concise statement of the alleged facts or expert
opinions which support the position of the petitioner and on which the
petitioner intends to rely at the hearing, together with references to
the specific sources and documents on which the petitioner intends to
rely. Finally, the petition must provide sufficient information to show
that a genuine dispute exists with the applicant on a material issue of
law or fact, including references to specific portions of the
application for amendment that the petitioner disputes and the
supporting reasons for each dispute, or, if the petitioner believes
that the application for amendment fails to contain information on a
relevant matter as required by law, the identification of each failure,
and the supporting reasons for the petitioner's belief. Each contention
must be one that, if proven, would entitle the petitioner to relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Requests for hearing, petitions for leave to intervene, and motions
for leave to file contentions after the deadline in 10 CFR 2.309(b)
will not be entertained absent a determination by the presiding officer
that the new or amended filing demonstrates good cause by satisfying
the three factors in 10 CFR 2.309(c)(1).
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). 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
February 10, 2014. 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 under Sec. 2.309(h)(2) a State, local
governmental body, or Federally-recognized Indian tribe, or agency
thereof does not need to address the standing requirements in 10 CFR
2.309(d) if the facility is located within its boundaries. A State,
local governmental body, Federally-recognized Indian Tribe, or agency
thereof may also have the opportunity to participate under 10 CFR
2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted 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 the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
March 24, 2014.
[[Page 3422]]
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's 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
public 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 8:00 a.m. and 8:00 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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission
[[Page 3423]]
will consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and should cite the publication date and page
number of this Federal Register notice.
For further details with respect to this application, see the
application dated December 2, 2013, as supplemented on December 12,
2013.
Dated at Rockville, Maryland, this 13th day of January 2014.
For the Nuclear Regulatory Commission.
Anthony Minarik,
Project Manager, Licensing Branch 4, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2014-01025 Filed 1-17-14; 8:45 am]
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