Susquehanna Steam Electric Station, Units 1 and 2; Consideration of Approval of Transfer of Licenses and Conforming Amendments, 60192-60197 [2014-23800]
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60192
Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is issuing a revision to an
existing guide in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe and make
available to the public information such
as methods that are acceptable to the
NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
Revision 2 of RG 3.50 provides a
format that the NRC considers
acceptable for submitting the
information for license applications to
store spent nuclear fuel, high-level
radioactive waste, and/or reactor-related
GTCC waste. Part 72 of Title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Licensing Requirements for the
Independent Storage of Spent Nuclear
Fuel, High-Level Radioactive Waste, and
Reactor-Related Greater Than Class C
Waste’’ Subpart B, ‘‘License
Application, Form, and Contents,’’
specifies the information that must be in
an application for a license to store
spent nuclear fuel, high-level
radioactive waste, and/or power-reactorrelated GTCC waste in an independent
spent fuel storage installation (ISFSI) or
in a monitored retrievable storage (MRS)
facility.
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II. Additional Information
The NRC issued the draft version of
Revision 2 of RG 3.50 with a temporary
identification as draft regulatory guide
(DG), DG–3042, and published notice of
its issuance in the Federal Register on
December 6, 2013 (78 FR 73566) for a
30-day public comment period. The
public comment period closed on
January 24, 2014. Public comments on
DG–3042 and the staff responses to the
public comments are available under
ADAMS Accession Number
ML14043A068.
III. Congressional Review Act
This RG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
IV. Backfitting and Issue Finality
This RG provides guidance on one
possible means for meeting the NRC’s
regulatory requirements in 10 CFR part
72 regarding the format and content for
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license applications for an ISFSI or
MRS. This regulatory guide may be
applied to license applications for
ISFSIs and MRSs docketed by the NRC
as of the date of issuance of the final
regulatory guide, as well as future
applications for such licenses submitted
after the issuance of the regulatory
guide.
This regulatory guide does not
constitute backfitting as defined in 10
CFR 72.62(a). The subject matter of this
regulatory guide does not concern
matters dealing with either the
structures, systems, or components of an
ISFSI or MRS, or the procedures or
organization for operating an ISFSI or
MRS. Therefore, the matters addressed
in this draft regulatory guide are not
within the scope of the backfitting
provisions in § 72.62(a)(1) or (2).
This regulatory guide does not apply
to entities protected by issue finality
provisions in 10 CFR part 52 with
respect to the matters addressed in this
regulatory guide. Although part 52
combined license applicants and
holders may apply for specific ISFSI
licenses, the guidance in this regulatory
guide is directed to ISFSI applicants and
does not make a distinction between
ISFSI applicants who are also combined
license applicants or holders and ISFSI
applicants who are not combined
license applicants and holders, and
presents no more onerous guidance for
ISFSI applicants who are also combined
license applicants or holders versus
ISFSI applicants who are not combined
license applicants and holders.
Accordingly, the NRC concludes that
this regulatory guide is not inconsistent
with any part 52 issue finality
provisions.
Dated at Rockville, Maryland, this 30th day
of September, 2014.
For the Nuclear Regulatory Commission.
Harriett Karagiannis,
Acting Chief, Regulatory Guidance and
Generic Issues Branch, Division of
Engineering, Office of Nuclear Regulatory
Research.
[FR Doc. 2014–23718 Filed 10–3–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–387, 50–388, and 72–28;
NRC–2014–0211]
Susquehanna Steam Electric Station,
Units 1 and 2; Consideration of
Approval of Transfer of Licenses and
Conforming Amendments
Nuclear Regulatory
Commission.
AGENCY:
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Application for indirect transfer
of license; opportunity to comment,
request a hearing, and petition for leave
to intervene; order.
ACTION:
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of an application
filed by PPL Susquehanna, LLC (PPL
Susquehanna) on July 11, 2014. The
application seeks NRC approval of the
indirect transfer of NPF–14 and NPF–22
for Susquehanna Steam Electric Station,
Units 1 and 2 (SSES), as well as the
general license for the SSES
Independent Spent Fuel Storage
Installation, from the current holder,
PPL Corporation to Talen Energy
Corporation. The NRC is also
considering amending the combined
licenses for administrative purposes to
reflect the proposed transfer.
DATES: Comments must be filed by
November 5, 2014. A request for a
hearing must be filed by October 27,
2014. Any potential party as defined in
Title 10 of the Code of Federal
Regulations (10 CFR) 2.4 who believes
access to Sensitive Unclassified NonSafeguards Information (SUNSI) is
necessary to respond to this notice must
request document access by October 16,
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–2014–0211. 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 ‘‘Obtaining Information and
Submitting Comments’’ in the
SUMMARY:
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SUPPLEMENTARY INFORMATION
section of
this document.
FOR FURTHER INFORMATION CONTACT:
Jeffrey A. Whited, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
4090; email: Jeffrey.Whited@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2014–
0211 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document,
which the NRC possesses and is
publicly available, by any of the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0211.
• 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/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 July 11, 2014,
contains proprietary information and,
accordingly, those portions are being
withheld from public disclosure. A
redacted version of the application is
available electronically in ADAMS
under Accession No. ML14195A110.
• 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–2014–
0211 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.
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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 10 CFR 50.80
approving the indirect transfer of
control of the Renewed Facility
Operating Licenses NPF–14 and NPF–22
for the Susquehanna Steam Electric
Station, Units 1 and 2, to the extent
currently held by PPL Corporation, as
owner. The transfer would be to Talen
Energy Corporation. The NRC is also
considering amending the combined
licenses for administrative purposes to
reflect the proposed transfer.
According to an application for
approval filed by PPL Susquehanna, the
indirect transfer of control results from
a series of transactions in which PPL
Corporation, PPL Susquehanna’s
ultimate parent, will spin off PPL
Energy Supply, LLC, which holds
domestic competitive generation and
ancillary assets including PPL
Susquehanna. The transactions will
involve creation of and changes to
intermediate holding companies with
PPL Energy Supply eventually
becoming a direct subsidiary of a new
intermediate parent named Talen
Energy Holdings, Inc., which in turn
will be a direct subsidiary of a new,
publicly-owned ultimate parent, named
Talen Energy Corporation. Talen Energy
Corporation would acquire ownership
of PPL Corporation’s 90 percent interest
in the Susquehanna Steam Electric
Station, Units 1 and 2. PPL
Susquehanna will continue to operate
the facility and hold the license.
No physical changes to the
Susquehanna Steam Electric Station,
Units 1 and 2, 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
shall give its consent in writing. The
Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the proposed transaction, described
above, will not affect the qualifications
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60193
of the licensee to hold the license, and
that the transfer is otherwise consistent
with applicable provisions of law,
regulations, and orders issued by the
Commission.
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, or to the
license of an Independent Spent Fuel
Storage Installation, which does no
more than conform the license to reflect
the transfer action, involves no
significant hazards consideration and no
genuine issue as to whether the health
and safety of the public will be
significantly affected. 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 Comment
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted as described in the
ADDRESSES section of this document.
IV. 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
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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’s 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.
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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 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 October 27, 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 December 5, 2014.
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V. 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/
getting-started.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 the NRC’s
guidance available on the NRC’s public
Web site at https://www.nrc.gov/sitehelp/e-submittals.html. A filing is
considered complete at the time the
documents are submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling 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
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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, 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.
For further details with respect to this
application, see the application dated
July 11, 2014.
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Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party who believes access to
SUNSI is necessary to respond to this
notice may request such access. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI
submitted later than 10 days after
publication will not be considered
absent a showing of good cause for the
late filing, addressing why the request
could not have been filed earlier.
C. The requestor shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is:
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The email address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
OGCmailcenter@nrc.gov, respectively.1
The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1); and
(3) The identity of the individual or
entity requesting access to SUNSI and
the requestor’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly available
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention.
D. Based on an evaluation of the
information submitted under paragraph
C.(3) the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 20 days after the requestor is
granted access to that information.
However, if more than 20 days remain
between the date the petitioner is
granted access to the information and
the deadline for filing all other
contentions (as established in the notice
of hearing or opportunity for hearing),
the petitioner may file its SUNSI
contentions by that later deadline. This
provision does not extend the time for
filing a request for a hearing and
petition to intervene, which must
comply with the requirements of 10 CFR
2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff either after
a determination on standing and need
for access, or after a determination on
trustworthiness and reliability, the NRC
staff shall immediately notify the
requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the
NRC staff’s adverse determination by
filing a challenge within five days of
receipt of that determination with: (a)
the presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) officer if that officer has
been designated to rule on information
access issues.
H. Review of Grants of Access. A
party other than the requestor may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed with the Chief
Administrative Judge within five days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 30th day
of September, 2014.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—General Target
Schedule for Processing and Resolving
Requests for Access to Sensitive
Unclassified Non-Safeguards
Information in This Proceeding
Day
Event/Activity
0 ..................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the
potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) demonstration of standing; (ii) all contentions whose formulation
does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If
NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation
of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to
reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party
to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a
motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file
motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement
for SUNSI.
10 ................
20 ................
20 ................
mstockstill on DSK4VPTVN1PROD with NOTICES
25 ................
30 ................
40 ................
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
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17:17 Oct 03, 2014
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yet been designated, within 30 days of the deadline
for the receipt of the written access request.
3 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
PO 00000
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Fmt 4703
Sfmt 4703
staff determinations (because they must be served
on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
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60197
Day
Event/Activity
A ..................
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to
sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective
order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
A + 3 ...........
A + 23 .........
A + 48 .........
A + 55 .........
>A + 55 .......
[FR Doc. 2014–23800 Filed 10–3–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–255; NRC–2014–0216]
Entergy Nuclear Operations, Inc.;
Palisades Nuclear Plant
Nuclear Regulatory
Commission.
ACTION: 10 CFR 2.206 request; receipt.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is giving notice that
by petition dated March 5, 2014, as
supplemented by email dated May 21,
2014, Michael Mulligan (the petitioner)
has requested that the NRC take
enforcement action against Entergy
Nuclear Operations, Inc., due to recent
plant events and equipment failures at
Palisades Nuclear Plant (PNP). The
petitioner’s requests are included in the
SUPPLEMENTARY INFORMATION section of
this document.
ADDRESSES: Please refer to Docket ID
NRC–2014–0216 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0216. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection 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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:17 Oct 03, 2014
Jkt 235001
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• 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.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that by petition dated
March 5, 2014 (ADAMS Accession No.
ML14071A006), as supplemented by
email dated May 21, 2014 (ADAMS
Accession No. ML14142A101), and the
petitioner’s addresses to the Petition
Review Board dated April 8 and
September 3, 2014 (ADAMS Accession
Nos. ML14143A212 and ML14259A135,
respectively), the petitioner, has asked
the NRC to take enforcement action
against Entergy Nuclear Operations,
Inc., due to recent plant events and
equipment failures at PNP. The
petitioner was particularly concerned
with primary coolant pump (PCP)
impeller pieces breaking off and lodging
in the reactor vessel.
The petitioner requests the following
actions:
• Require PNP to open every PCP for
inspection and clear up all flaws.
• Require PNP to replace the PCPs
with a design for their intended duty.
• An Office of Inspector General
(OIG) inspection on why there are
different analysis criteria for similar
PCP events between the NRC regions.
• A ten million dollar fine for these
events.
• Intensify NRC monitoring of PNP,
and return them to yellow or red status.
As the basis for the request, the
petitioner stated, in part, the following:
• The petitioner cited other recent
plant events and equipment failures,
such as leakage from the safety injection
refueling water tank, and flaws in the
control rod drive mechanisms.
• The petitioner asserted the licensee
and the NRC staff used non-conservative
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
engineering judgment during the
evaluation of the lodged PCP impeller
piece and during the operability
evaluation of the existing PCP impellers.
• The petitioner asserts that the NRC
staff was not being aggressive in
resolving plant equipment issues, not
resolving PCP equipment issues
uniformly across the NRC regions, and
accommodating the nuclear industry.
The request is being treated pursuant
to § 2.206 of Title 10 of the Code of
Federal Regulations (10 CFR), and has
been referred to the Director of the
Office of Nuclear Reactor Regulation
(NRR). In accordance with 10 CFR
2.206, the NRC will take appropriate
action on this petition within a
reasonable period of time. The
petitioner met with the NRR’s Petition
Review Board on April 8 and September
3, 2014, to discuss the petition. The
Petition Review Board considered the
results of that discussion in its
determination of the petitioner’s request
for immediate action and in the
establishment of the schedule for the
review of the petition.
Dated at Rockville, Maryland, this 25th day
of September 2014.
For The Nuclear Regulatory Commission.
Daniel H. Dorman,
Acting Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2014–23802 Filed 10–3–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0093]
Medical Evaluation of Licensed
Personnel for Nuclear Power Plants
Nuclear Regulatory
Commission.
ACTION: Regulatory guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing revision 4
to Regulatory Guide (RG) 1.134,
‘‘Medical Assessment of Licensed
SUMMARY:
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60192-60197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23800]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-387, 50-388, and 72-28; NRC-2014-0211]
Susquehanna Steam Electric Station, Units 1 and 2; Consideration
of Approval of Transfer of Licenses and Conforming Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of license; opportunity to
comment, request a hearing, and petition for leave to intervene; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by PPL Susquehanna, LLC
(PPL Susquehanna) on July 11, 2014. The application seeks NRC approval
of the indirect transfer of NPF-14 and NPF-22 for Susquehanna Steam
Electric Station, Units 1 and 2 (SSES), as well as the general license
for the SSES Independent Spent Fuel Storage Installation, from the
current holder, PPL Corporation to Talen Energy Corporation. The NRC is
also considering amending the combined licenses for administrative
purposes to reflect the proposed transfer.
DATES: Comments must be filed by November 5, 2014. A request for a
hearing must be filed by October 27, 2014. Any potential party as
defined in Title 10 of the Code of Federal Regulations (10 CFR) 2.4 who
believes access to Sensitive Unclassified Non-Safeguards Information
(SUNSI) is necessary to respond to this notice must request document
access by October 16, 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-2014-0211. 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 ``Obtaining Information and Submitting Comments'' in the
[[Page 60193]]
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jeffrey A. Whited, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-4090; email: Jeffrey.Whited@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0211 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is publicly available, by any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0211.
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 July
11, 2014, contains proprietary information and, accordingly, those
portions are being withheld from public disclosure. A redacted version
of the application is available electronically in ADAMS under Accession
No. ML14195A110.
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-2014-0211 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 10 CFR 50.80
approving the indirect transfer of control of the Renewed Facility
Operating Licenses NPF-14 and NPF-22 for the Susquehanna Steam Electric
Station, Units 1 and 2, to the extent currently held by PPL
Corporation, as owner. The transfer would be to Talen Energy
Corporation. The NRC is also considering amending the combined licenses
for administrative purposes to reflect the proposed transfer.
According to an application for approval filed by PPL Susquehanna,
the indirect transfer of control results from a series of transactions
in which PPL Corporation, PPL Susquehanna's ultimate parent, will spin
off PPL Energy Supply, LLC, which holds domestic competitive generation
and ancillary assets including PPL Susquehanna. The transactions will
involve creation of and changes to intermediate holding companies with
PPL Energy Supply eventually becoming a direct subsidiary of a new
intermediate parent named Talen Energy Holdings, Inc., which in turn
will be a direct subsidiary of a new, publicly-owned ultimate parent,
named Talen Energy Corporation. Talen Energy Corporation would acquire
ownership of PPL Corporation's 90 percent interest in the Susquehanna
Steam Electric Station, Units 1 and 2. PPL Susquehanna will continue to
operate the facility and hold the license.
No physical changes to the Susquehanna Steam Electric Station,
Units 1 and 2, 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 shall give
its consent in writing. The Commission will approve an application for
the indirect transfer of a license, if the Commission determines that
the proposed transaction, described above, will not affect the
qualifications of the licensee to hold the license, and that the
transfer is otherwise consistent with applicable provisions of law,
regulations, and orders issued by the Commission.
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,
or to the license of an Independent Spent Fuel Storage Installation,
which does no more than conform the license to reflect the transfer
action, involves no significant hazards consideration and no genuine
issue as to whether the health and safety of the public will be
significantly affected. 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 Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments should be
submitted as described in the ADDRESSES section of this document.
IV. 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
[[Page 60194]]
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's 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
October 27, 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
December 5, 2014.
V. 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/getting-started.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
[[Page 60195]]
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 the NRC's 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) First class mail
addressed to the Office of the Secretary, 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.
For further details with respect to this application, see the
application dated July 11, 2014.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available
[[Page 60196]]
versions of the information requested would not be sufficient to
provide the basis and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 20 days after
the requestor is granted access to that information. However, if more
than 20 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
either after a determination on standing and need for access, or after
a determination on trustworthiness and reliability, the NRC staff shall
immediately notify the requestor in writing, briefly stating the reason
or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within five days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been
designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within five days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 30th day of September, 2014.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information in This Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0...................... Publication of Federal Register notice of
hearing and opportunity to petition for leave
to intervene, including order with
instructions for access requests.
10..................... Deadline for submitting requests for access to
Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
supporting the standing of a potential party
identified by name and address; describing the
need for the information in order for the
potential party to participate meaningfully in
an adjudicatory proceeding.
20..................... Deadline for submitting petition for
intervention containing: (i) demonstration of
standing; (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention; +7
requestor/petitioner reply).
20..................... Nuclear Regulatory Commission (NRC) staff
informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need for
SUNSI. (NRC staff also informs any party to
the proceeding whose interest independent of
the proceeding would be harmed by the release
of the information.) If NRC staff makes the
finding of need for SUNSI and likelihood of
standing, NRC staff begins document processing
(preparation of redactions or review of
redacted documents).
25..................... If NRC staff finds no ``need'' or no likelihood
of standing, the deadline for requestor/
petitioner to file a motion seeking a ruling
to reverse the NRC staff's denial of access;
NRC staff files copy of access determination
with the presiding officer (or Chief
Administrative Judge or other designated
officer, as appropriate). If NRC staff finds
``need'' for SUNSI, the deadline for any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information to file a motion
seeking a ruling to reverse the NRC staff's
grant of access.
30..................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40..................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement for
SUNSI.
[[Page 60197]]
A...................... If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule for
providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................. Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 23................. Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to) the
information and the deadline for filing all
other contentions (as established in the
notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions
by that later deadline.
A + 48................. (Contention receipt +25) Answers to contentions
whose development depends upon access to
SUNSI.
A + 55................. (Answer receipt +7) Petitioner/Intervenor reply
to answers.
>A + 55................ Decision on contention admission.
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[FR Doc. 2014-23800 Filed 10-3-14; 8:45 am]
BILLING CODE 7590-01-P
