Exelon Generation Corporation, LLC; Calvert Cliffs Independent Spent Fuel Storage Installation, 73907-73912 [2014-29141]
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices
Central District of California, Case No.
CR 99–673, for a violation of 18 U.S.C.
371.
By letter dated June 6, 2012, ATF
granted relief to Northrop Grumman
Guidance and Electronics Company,
Inc., a wholly owned subsidiary of NGC,
resulting from its own prohibiting
convictions, but took no action on relief
to the non-surviving entities because
they no longer exist. See 77 FR 58150.
Nonetheless, because NGSC merged
with and succeeded the assets and
operations of the non-surviving entities,
ATF subsequently determined that
NGSC, as their successor, is eligible for
relief.
Pursuant to 18 U.S.C. 925(c), on
September 23, 2014, NGSC, a wholly
owned subsidiary of NGC, as successor
to TRW Electronic Products, Inc., TRW,
Inc., and Litton Applied Technology
Division, was granted relief by ATF
from the disabilities imposed by Federal
law, 18 U.S.C. 922(g)(1), with respect to
the acquisition, receipt, transfer,
shipment, transportation, or possession
of firearms and ammunition as a result
of these convictions of the nonsurviving entities. It has been
established to ATF’s satisfaction that the
circumstances regarding NGSC’s
disabilities and its record and
reputation are such that the NGSC will
not be likely to act in a manner
dangerous to public safety, and that the
granting of the relief would not be
contrary to the public interest.
B. Todd Jones,
Director.
[FR Doc. 2014–29236 Filed 12–11–14; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–405]
Electronic Prescriptions for Controlled
Substances: Notice of Approved
Certification Process
Drug Enforcement
Administration, Department of Justice.
ACTION: Notice of approved certification
process.
AGENCY:
The Drug Enforcement
Administration is announcing one new
DEA-approved certification process for
providers of Electronic Prescriptions for
Controlled Substances applications.
Certifying organizations with an
approved certification process are
posted on the Drug Enforcement
Administration’s Web site upon
approval.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Imelda L. Paredes, Office of Diversion
Control, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152, Telephone: (202) 598–6812.
SUPPLEMENTARY INFORMATION:
Legal Authority
The Drug Enforcement
Administration (DEA) implements and
enforces titles II and III of the
Comprehensive Drug Abuse Prevention
and Control Act of 1970, as amended.
Titles II and III are referred to as the
‘‘Controlled Substances Act’’ and the
‘‘Controlled Substances Import and
Export Act,’’ respectively, and are
collectively referred to as the
‘‘Controlled Substances Act’’ or the
‘‘CSA’’ for the purpose of this notice. 21
U.S.C. 801–971. The DEA publishes the
implementing regulations for these
statutes in title 21 of the Code of Federal
Regulations (CFR), chapter II. The CSA
and its implementing regulations are
designed to prevent, detect, and
eliminate the diversion of controlled
substances and listed chemicals into the
illicit market while providing for the
legitimate medical, scientific, research,
and industrial needs of the United
States. Controlled substances have the
potential for abuse and dependence and
are controlled to protect the public
health and safety.
The CSA and DEA’s implementing
regulations establish the legal
requirements for possessing and
dispensing controlled substances,
including the issuance of a prescription
for a legitimate medical purpose by a
practitioner acting in the usual course of
professional practice. The responsibility
for the proper prescribing and
dispensing of controlled substances is
upon the prescribing practitioner, but a
corresponding responsibility rests with
the pharmacist who fills the
prescription. 21 CFR 1306.04(a). The
prescription provides a record of the
actual dispensing of the controlled
substance to the ultimate user (the
patient) and, therefore, is critical to
documenting that controlled substances
held by a pharmacy have been
dispensed. The maintenance of
complete and accurate records is an
essential part of the closed system of
distribution established by Congress.
Electronic Prescriptions for Controlled
Substances
Historically, where Federal law
required that a prescription for a
controlled substance be issued in
writing, that requirement could only be
satisfied through the issuance of a paper
prescription. Given advancements in
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technology and security capabilities for
electronic applications, the DEA
amended its regulations to provide
practitioners with the option of issuing
electronic prescriptions for controlled
substances in lieu of paper
prescriptions. The DEA’s interim final
rule for Electronic Prescriptions for
Controlled Substances was published on
March 31, 2010, at 75 FR 16236–16319,
and became effective on June 1, 2010.
Update
Certifying Organization With a
Certification Process Approved by the
DEA Pursuant to 21 CFR 1311.300(e)
The interim final rule and the DEA’s
Electronic Prescriptions for Controlled
Substances Clarification (76 FR 64813)
provide that, as an alternative to the
third-party audit requirements of 21
CFR 1311.300(a) through (d), an
electronic prescription or pharmacy
application may be verified and
certified as meeting the requirements of
21 CFR part 1311 by a certifying
organization whose certification process
has been approved by the DEA. The
preamble to the interim final rule
further indicated that, once a certifying
organization’s certification process has
been approved by the DEA in
accordance with 21 CFR 1311.300(e),
such information will be posted on the
DEA’s Web site. 75 FR 16243 (March 31,
2010). On December 3, 2014, the DEA
approved the certification process
developed by Electronic Healthcare
Network Accreditation Commission.
Relevant information has been posted
on the DEA’s Web site at: https://www.
DEAdiversion.usdoj.gov.
Dated: December 3, 2014.
Joseph T. Rannazzisi,
Deputy Assistant Administrator.
[FR Doc. 2014–29118 Filed 12–11–14; 8:45 am]
BILLING CODE 4410–09–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–0008, NRC–2011–0085]
Exelon Generation Corporation, LLC;
Calvert Cliffs Independent Spent Fuel
Storage Installation
Nuclear Regulatory
Commission.
ACTION: License amendment application;
notice of docketing; opportunity to
request a hearing and to petition for
leave to intervene; and order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has docketed a
license amendment application from
SUMMARY:
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices
Exelon Generation Corporation, LLC
(Exelon Generation). Exelon Generation
is requesting revisions to its renewed
license to increase maximum
enrichment levels; to increase the
amount of fuel allowed to be stored; and
to change various Technical
Specifications of the 32PHB DSC casks
utilized at the Calvert Cliffs
Independent Storage Installation located
in Calvert County, Maryland. The NRC
is evaluating whether approval of this
request would be categorically excluded
from the requirement to prepare an
environmental assessment.
A request for hearing and
petition for leave to intervene must be
filed by February 10, 2015. Any
potential party as defined in Section 2.4
of Title 10 of the Code of Federal
Regulations (10 CFR), who believes
access to Sensitive Unclassified NonSafeguards Information (SUNSI) is
necessary to respond to this notice must
request document access by December
22, 2014.
DATES:
Please refer to Docket ID
NRC–2011–0085 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–2011–0085. 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.
• 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
by telephone at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced in this
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.
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ADDRESSES:
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John
M. Goshen, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–287–
9250; email: John.Goshen@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Introduction
The NRC received, by letter dated
March 26, 2014, as supplemented on
July 25, 2014, a license amendment
application pursuant to 10 CFR part 72
from Exelon Generation requesting a
revision to its Renewed Special Nuclear
Material License No. SNM–2505 at its
Calvert Cliffs Independent Spent Fuel
Storage Installation (ISFSI) site located
in Calvert County, Maryland. Renewed
Special Nuclear Material License No.
SNM–2505 authorizes the licensee to
receive, possess, store, and transfer
spent fuel, reactor-related greater than
Class C waste, and other radioactive
materials associated with spent fuel
storage at the Calvert Cliffs ISFSI. This
amendment request contains SUNSI. A
publicly-available version of the license
amendment application and enclosures
are available in ADAMS under
Accession Nos. ML14090A122,
ML14090A123, and ML14090A124. A
publicly-available version of the
supplemental information received on
July 25, 2014, is available in ADAMS
under Accession Nos. ML14274A498,
ML14212A307, and ML14212A308.
Specifically, the amendment, if
granted, will authorize the storage of
Westinghouse and Areva Combustion
Engineering (CE) 14X14 fuel in the
NUHOMS®-32PHB Dry Shielded
Canister (DSC) system, and will revise
Materials License No. SNM–2505 and
Technical Specifications (TS) as
follows:
1. Renewed License SNM–2505
Section 6, Byproduct, Source, and/or
Special Nuclear Material—The
proposed amendment would increase
the maximum allowable enrichment
from 4.5 percent U–235 to 5.0 percent
U–235 to allow for storage of higher
enriched fuel assemblies.
2. Renewed License SNM–2505
Section 8, Maximum Amount That
Licensee May Possess at Any One Time
Under This License—The proposed
amendment would increase this amount
from the current 1,111.68 TeU to
1,558.27 TeU to allow for storage of fuel
generated over the 60 year licensed
lifetime of the Calvert Cliffs Units.
3. Renewed License se SNM–2505
Section 16—The proposed amendment
would add acceptance standards for
liquid penetrant tests of the double
closure seal welds at the bottom end of
the DSC for the NUHOMS-32PHB DSC.
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The acceptance standards for the
NUHOMS®-24P DSC and the
NUHOMS®-32P DSC remain the same.
4. TS 2.1, Fuel to be Stored at ISFSI—
This TS ensures that the fuel assembly
radiation source is below design values.
To accomplish this, the TS provides
limits on the neutron and gamma
sources allowed in each fuel assembly.
The proposed change would add a new
neutron and gamma source for fuel
assemblies stored in NUHOMS®-32PHB
DSCs. The new neutron and gamma
sources for the NUHOMS®-32PHB DSC
were selected to bound fuel assemblies
that reach the TS Limiting Condition for
Operation 3.1.1(5) thermal limit to be
loaded.
5. TS 3.1.1, Fuel to be Stored at
ISFSI—This TS ensures that the fuel
assemblies stored in the DSCs meet the
design requirements of the DSCs. This
proposed amendment makes the
following changes:
a. TS 3.1.1(2)—The current initial
enrichment limit is 4.5 weight percent
U–235. The proposed amendment
would add new maximum initial
enrichment limits of 4.75 and 5.0 weight
percent U–235 for a NUHOMS®-32PHB
DSC, based on internal DSC basket
design. The current maximum initial
enrichment limit of 4.5 weight percent
U–235 for the NUHOMS®-24P and
NUHOMS®-32P DSCs remains the same.
b. TS 3.1.1(3)—The current maximum
fuel assembly average burnup limit is
47,000 MWd/MTU) for the NUHOMS®24P DSCs and 52,000 MWd/MTU for the
NUHOMS®-32P DSCs. The proposed
amendment would add a new maximum
fuel assembly average burnup limit of
62,000 MWd/MTU for fuel stored in
NUHOMS®-32PHB DSCs. The current
burnup limits for the NUHOMS®-24P
and NUHOMS®-32P DSCs remain the
same.
c. TS 3.1.1(5)—The current maximum
heat generation rate limit is 0.66
kilowatt per fuel assembly. The
proposed amendment would add a new
maximum heat generation rate of 0.8
kilowatt per fuel assembly for
NUHOMS®-32PHB DSC basket zones 1
and 4, and a maximum heat generation
rate of 1.0 kilowatt per fuel assembly for
NUHOMS®-32PHB DSC basket zones 2
and 3. The current maximum heat
generation rate for the NUHOMS®-24P
and NUHOMS®-32P DSCs remain the
same.
d. TS3.1.1(7)—Currently, the
maximum fuel assembly mass to be
placed in the NUHOMS®-24P and
NUHOMS®-32P DSCs, including control
components, shall not exceed 1450 lbs.
(658 kg). This proposed amendment
adds a new requirement that the
maximum fuel assembly mass to be
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices
placed in the NUHOMS®-32PHB DSC
shall not exceed 1375 lbs. (625 kg)
excluding control components. The
current maximum fuel assembly mass
limit remains the same for the
NUHOMS®-24P and NUHOMS®-32P
DSCs.
6. TS 3.2.2.1—The proposed
amendment would add acceptance
standards for liquid penetrant tests of
the top shield plug closure weld, the
siphon and vent port cover welds, and
the top cover plate weld for the
NUHOMS®-32PHB DSC. The
acceptance standards for the
NUHOMS®-24P and NUJHOMS®-32P
DSCs remain the same.
7. TS 3.2.2.2 and 4.2.2.1, DSC Closure
Welds—Currently, the standard helium
leak rate for the top shield plug closure
weld, and the siphon and vent port
cover welds shall not exceed 10¥4 atmcc/s for the NUHOMS®-24P and
NUHOMS®-32P DSCs. The proposed
amendment will add a new requirement
that the standard helium leak rate for
the NUHOMS®-32PHB DSC top shield
plug closure weld, and the siphon and
vent port cover welds not exceed 10¥7
ref-cc/s. The maximum helium leak rate
for the NUHOMS®-24P and NUHOMS®32P DSCs remains the same.
8. TS 3.4.1.1, Maximum Air
Temperature Rise—This TS limits the
temperature rise from the HSM inlet to
the outlet. This provides assurance that
the fuel is being adequately air cooled
while in the HSM. The current limit is
a maximum 64 °F temperature rise. The
proposed amendment would add a new
maximum 80 °F allowable temperature
rise for HSMs with NUHOMS®-32 PHB
DSCs. The requested change to the TSs
would also address the additional
temperature limit and the verification of
the appropriate heat load for the fuel
assemblies. The maximum temperature
rise limit will remain 64 °F for the
existing NUHOMS®-24P and
NUHOMS®-32P DSCs.
9. New TS 3.3.2.1, Time Limit for
Completion of NUHOMS®-32 PHB
Transfer Operations—The proposed
amendment would establish a new TS
for the time to complete the transfer of
the NUHOMS®-32PHB DSC from the
cask handling area to the HSM. This
new TS does not apply to the
NUHOMS®-24P or NUHOMS®-32P due
to their lower heat load. The time limit
for completion of the transfer is as
follows:
a. No time limit for a DSC with a total
heat load of 21.12 kW or less,
b. 72 hours for a DSC with a total heat
load greater than 21.12 kW but less than
or equal to 23.04 kW,
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c. 48 hours for a DSC with a total heat
load greater than 23.04 kW but less than
or equal to 25.6 kW,
d. 20 hours for a DSC with a total heat
load greater than 25.6 kW but less than
or equal to 29.6 kW.
10. New TS 3.3.3.1, Time Limit for
Completion of NUHOMS®-32PHB DSC
Vacuum Drying Operation—The
proposed amendment would establish a
new TS limiting the time to complete
the NUHOMS®-32PHB DSC blowdown
and vacuum drying process if nitrogen
is used for blowdown. The time limit for
completion of vacuum drying of a
loaded NUHOMS®-32PHB DSC
following blowdown with nitrogen is as
follows:
a. 56 hours for a DSC with a total heat
load of 23.04 kW or less.
b. 40 hours for a DSC with a total heat
load greater than 23.04 kW but less than
or equal to 25.6 kW, 32 hours for a DSC
with a total heat load greater than 25.6
kW but less than or equal to 29.6 kW.
An NRC administrative completeness
review, documented in a letter to
CCNPP dated September 12, 2014
(ADAMS Accession No. ML14258A041),
found the application acceptable for a
technical review. If the NRC approves
the amendment, the approval will be
documented in an amendment to NRC
renewed license SNM–2505. However,
before approving the proposed
amendment, the NRC will need to make
the findings required by the Atomic
Energy Act of 1954, as amended (the
Act), and the NRC’s regulations. The
NRC’s findings will be documented in a
safety evaluation report. In the
amendment request, Exelon Generation
asserted that the proposed amendments
satisfy the categorical exclusion criteria
of 10 CFR 51.22. The NRC will evaluate
this assertion and make findings
consistent with the National
Environmental Policy Act and 10 CFR
part 51.
II. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license or
combined license. Requests for a
hearing and a petition for leave to
intervene shall be filed in accordance
with the Commission’s ‘‘Agency Rules
of Practice and Procedure’’ in 10 CFR
part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309,
which is available at the NRC’s PDR,
located in One White Flint North, Room
O1–F21 (first floor), 11555 Rockville
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73909
Pike, Rockville, Maryland 20852. The
NRC’s regulations are accessible
electronically from the NRC Library on
the NRC’s Web site at https://www.nrc.
gov/reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed within 60
days, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel will rule on the request and/or
petition. The Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth, with particularity, the interest of
the petitioner in the proceeding and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted,
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion that support the contention and
on which the requestor/petitioner
intends to rely in proving the contention
at the hearing. The requestor/petitioner
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the requestor/petitioner intends
to rely to establish those facts or expert
opinion. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who fails to satisfy these
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requirements with respect to at least one
contention will not be permitted to
participate as a party.
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.
Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this notice.
Requests for hearing, petitions for leave
to intervene, and motions for leave to
file new or amended contentions that
are filed after the 60-day deadline will
not be entertained absent a
determination by the presiding officer
that the filing demonstrates good cause
by satisfying the three factors in 10 CFR
2.309(c)(1)(i)–(iii).
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, 2015. The
petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section 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
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, 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
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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 February 10, 2015.
III. 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/gettingstarted.html. System requirements for
accessing the E-Submittal server are
detailed in the NRC’s ‘‘Guidance for
Electronic Submission,’’ which is
available on the agency’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
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unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC’s Web
site. Further information on the Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in portable document format
(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 at 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m. Eastern Time,
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices
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 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 the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. 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.
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Exelon Generation Corporation, LLC,
Docket 72–0008, Calvert Cliffs
Independent Spent Fuel Storage
Installation, Calvert County, Maryland;
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
73911
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing 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 requester 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);
(3) The identity of the individual or
entity requesting access to SUNSI and
the requester’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
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 25 days after the requestor is
granted access to that information.
However, if more than 25 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.
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 requester may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
The presiding officer designated in this
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.
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
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Notices
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) if another officer has
been designated to rule on information
access issues, with that officer.
H. Review of Grants of Access. A
party other than the requester 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 5 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 4th day
of December 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 petitioner/requestor reply).
Nuclear Regulatory Commission (NRC) staff informs the requester 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 petitioner/requester 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.
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.
10 ..................
60 ..................
20 ..................
25 ..................
30 ..................
40 ..................
A ....................
A + 3 .............
A + 28 ...........
A + 53 ...........
A + 60 ...........
>A + 60 .........
ACTION:
[FR Doc. 2014–29141 Filed 12–11–14; 8:45 am]
Notice.
The Commission is noticing a
recent Postal Service filing concerning
modification to a Global Expedited
Package Services 3 negotiated service
agreement. This notice informs the
public of the filing, invites public
comment, and takes other
administrative steps.
SUMMARY:
mstockstill on DSK4VPTVN1PROD with NOTICES
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2015–2; Order No. 2277]
New Postal Product
AGENCY:
Postal Regulatory Commission.
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
VerDate Sep<11>2014
16:57 Dec 11, 2014
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staff determinations (because they must be served
on a presiding officer or the Commission, as
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Comments are due: December
15, 2014.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
DATES:
BILLING CODE 7590–01–P
Sfmt 4703
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\12DEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Notices]
[Pages 73907-73912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29141]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-0008, NRC-2011-0085]
Exelon Generation Corporation, LLC; Calvert Cliffs Independent
Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; notice of docketing; opportunity
to request a hearing and to petition for leave to intervene; and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has docketed a
license amendment application from
[[Page 73908]]
Exelon Generation Corporation, LLC (Exelon Generation). Exelon
Generation is requesting revisions to its renewed license to increase
maximum enrichment levels; to increase the amount of fuel allowed to be
stored; and to change various Technical Specifications of the 32PHB DSC
casks utilized at the Calvert Cliffs Independent Storage Installation
located in Calvert County, Maryland. The NRC is evaluating whether
approval of this request would be categorically excluded from the
requirement to prepare an environmental assessment.
DATES: A request for hearing and petition for leave to intervene must
be filed by February 10, 2015. Any potential party as defined in
Section 2.4 of Title 10 of the Code of Federal Regulations (10 CFR),
who believes access to Sensitive Unclassified Non-Safeguards
Information (SUNSI) is necessary to respond to this notice must request
document access by December 22, 2014.
ADDRESSES: Please refer to Docket ID NRC-2011-0085 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-2011-0085. 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.
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 by
telephone at 1-800-397-4209, 301-415-4737, or by email to
pdr.resource@nrc.gov. The ADAMS accession number for each document
referenced in this 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.
FOR FURTHER INFORMATION CONTACT: John M. Goshen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-9250; email:
John.Goshen@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC received, by letter dated March 26, 2014, as supplemented
on July 25, 2014, a license amendment application pursuant to 10 CFR
part 72 from Exelon Generation requesting a revision to its Renewed
Special Nuclear Material License No. SNM-2505 at its Calvert Cliffs
Independent Spent Fuel Storage Installation (ISFSI) site located in
Calvert County, Maryland. Renewed Special Nuclear Material License No.
SNM-2505 authorizes the licensee to receive, possess, store, and
transfer spent fuel, reactor-related greater than Class C waste, and
other radioactive materials associated with spent fuel storage at the
Calvert Cliffs ISFSI. This amendment request contains SUNSI. A
publicly-available version of the license amendment application and
enclosures are available in ADAMS under Accession Nos. ML14090A122,
ML14090A123, and ML14090A124. A publicly-available version of the
supplemental information received on July 25, 2014, is available in
ADAMS under Accession Nos. ML14274A498, ML14212A307, and ML14212A308.
Specifically, the amendment, if granted, will authorize the storage
of Westinghouse and Areva Combustion Engineering (CE) 14X14 fuel in the
NUHOMS[supreg]-32PHB Dry Shielded Canister (DSC) system, and will
revise Materials License No. SNM-2505 and Technical Specifications (TS)
as follows:
1. Renewed License SNM-2505 Section 6, Byproduct, Source, and/or
Special Nuclear Material--The proposed amendment would increase the
maximum allowable enrichment from 4.5 percent U-235 to 5.0 percent U-
235 to allow for storage of higher enriched fuel assemblies.
2. Renewed License SNM-2505 Section 8, Maximum Amount That Licensee
May Possess at Any One Time Under This License--The proposed amendment
would increase this amount from the current 1,111.68 TeU to 1,558.27
TeU to allow for storage of fuel generated over the 60 year licensed
lifetime of the Calvert Cliffs Units.
3. Renewed License se SNM-2505 Section 16--The proposed amendment
would add acceptance standards for liquid penetrant tests of the double
closure seal welds at the bottom end of the DSC for the NUHOMS-32PHB
DSC. The acceptance standards for the NUHOMS[supreg]-24P DSC and the
NUHOMS[supreg]-32P DSC remain the same.
4. TS 2.1, Fuel to be Stored at ISFSI--This TS ensures that the
fuel assembly radiation source is below design values. To accomplish
this, the TS provides limits on the neutron and gamma sources allowed
in each fuel assembly. The proposed change would add a new neutron and
gamma source for fuel assemblies stored in NUHOMS[supreg]-32PHB DSCs.
The new neutron and gamma sources for the NUHOMS[supreg]-32PHB DSC were
selected to bound fuel assemblies that reach the TS Limiting Condition
for Operation 3.1.1(5) thermal limit to be loaded.
5. TS 3.1.1, Fuel to be Stored at ISFSI--This TS ensures that the
fuel assemblies stored in the DSCs meet the design requirements of the
DSCs. This proposed amendment makes the following changes:
a. TS 3.1.1(2)--The current initial enrichment limit is 4.5 weight
percent U-235. The proposed amendment would add new maximum initial
enrichment limits of 4.75 and 5.0 weight percent U-235 for a
NUHOMS[supreg]-32PHB DSC, based on internal DSC basket design. The
current maximum initial enrichment limit of 4.5 weight percent U-235
for the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs remains the
same.
b. TS 3.1.1(3)--The current maximum fuel assembly average burnup
limit is 47,000 MWd/MTU) for the NUHOMS[supreg]-24P DSCs and 52,000
MWd/MTU for the NUHOMS[supreg]-32P DSCs. The proposed amendment would
add a new maximum fuel assembly average burnup limit of 62,000 MWd/MTU
for fuel stored in NUHOMS[supreg]-32PHB DSCs. The current burnup limits
for the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs remain the same.
c. TS 3.1.1(5)--The current maximum heat generation rate limit is
0.66 kilowatt per fuel assembly. The proposed amendment would add a new
maximum heat generation rate of 0.8 kilowatt per fuel assembly for
NUHOMS[supreg]-32PHB DSC basket zones 1 and 4, and a maximum heat
generation rate of 1.0 kilowatt per fuel assembly for NUHOMS[supreg]-
32PHB DSC basket zones 2 and 3. The current maximum heat generation
rate for the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs remain the
same.
d. TS3.1.1(7)--Currently, the maximum fuel assembly mass to be
placed in the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs, including
control components, shall not exceed 1450 lbs. (658 kg). This proposed
amendment adds a new requirement that the maximum fuel assembly mass to
be
[[Page 73909]]
placed in the NUHOMS[supreg]-32PHB DSC shall not exceed 1375 lbs. (625
kg) excluding control components. The current maximum fuel assembly
mass limit remains the same for the NUHOMS[supreg]-24P and
NUHOMS[supreg]-32P DSCs.
6. TS 3.2.2.1--The proposed amendment would add acceptance
standards for liquid penetrant tests of the top shield plug closure
weld, the siphon and vent port cover welds, and the top cover plate
weld for the NUHOMS[supreg]-32PHB DSC. The acceptance standards for the
NUHOMS[supreg]-24P and NUJHOMS[supreg]-32P DSCs remain the same.
7. TS 3.2.2.2 and 4.2.2.1, DSC Closure Welds--Currently, the
standard helium leak rate for the top shield plug closure weld, and the
siphon and vent port cover welds shall not exceed 10-4 atm-
cc/s for the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs. The
proposed amendment will add a new requirement that the standard helium
leak rate for the NUHOMS[supreg]-32PHB DSC top shield plug closure
weld, and the siphon and vent port cover welds not exceed
10-7 ref-cc/s. The maximum helium leak rate for the
NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs remains the same.
8. TS 3.4.1.1, Maximum Air Temperature Rise--This TS limits the
temperature rise from the HSM inlet to the outlet. This provides
assurance that the fuel is being adequately air cooled while in the
HSM. The current limit is a maximum 64[emsp14][deg]F temperature rise.
The proposed amendment would add a new maximum 80[emsp14][deg]F
allowable temperature rise for HSMs with NUHOMS[supreg]-32 PHB DSCs.
The requested change to the TSs would also address the additional
temperature limit and the verification of the appropriate heat load for
the fuel assemblies. The maximum temperature rise limit will remain
64[emsp14][deg]F for the existing NUHOMS[supreg]-24P and
NUHOMS[supreg]-32P DSCs.
9. New TS 3.3.2.1, Time Limit for Completion of NUHOMS[supreg]-32
PHB Transfer Operations--The proposed amendment would establish a new
TS for the time to complete the transfer of the NUHOMS[supreg]-32PHB
DSC from the cask handling area to the HSM. This new TS does not apply
to the NUHOMS[supreg]-24P or NUHOMS[supreg]-32P due to their lower heat
load. The time limit for completion of the transfer is as follows:
a. No time limit for a DSC with a total heat load of 21.12 kW or
less,
b. 72 hours for a DSC with a total heat load greater than 21.12 kW
but less than or equal to 23.04 kW,
c. 48 hours for a DSC with a total heat load greater than 23.04 kW
but less than or equal to 25.6 kW,
d. 20 hours for a DSC with a total heat load greater than 25.6 kW
but less than or equal to 29.6 kW.
10. New TS 3.3.3.1, Time Limit for Completion of NUHOMS[supreg]-
32PHB DSC Vacuum Drying Operation--The proposed amendment would
establish a new TS limiting the time to complete the NUHOMS[supreg]-
32PHB DSC blowdown and vacuum drying process if nitrogen is used for
blowdown. The time limit for completion of vacuum drying of a loaded
NUHOMS[supreg]-32PHB DSC following blowdown with nitrogen is as
follows:
a. 56 hours for a DSC with a total heat load of 23.04 kW or less.
b. 40 hours for a DSC with a total heat load greater than 23.04 kW
but less than or equal to 25.6 kW, 32 hours for a DSC with a total heat
load greater than 25.6 kW but less than or equal to 29.6 kW.
An NRC administrative completeness review, documented in a letter
to CCNPP dated September 12, 2014 (ADAMS Accession No. ML14258A041),
found the application acceptable for a technical review. If the NRC
approves the amendment, the approval will be documented in an amendment
to NRC renewed license SNM-2505. However, before approving the proposed
amendment, the NRC will need to make the findings required by the
Atomic Energy Act of 1954, as amended (the Act), and the NRC's
regulations. The NRC's findings will be documented in a safety
evaluation report. In the amendment request, Exelon Generation asserted
that the proposed amendments satisfy the categorical exclusion criteria
of 10 CFR 51.22. The NRC will evaluate this assertion and make findings
consistent with the National Environmental Policy Act and 10 CFR part
51.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located in One White Flint North, Room O1-
F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 20852. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel will rule on the request and/or
petition. The Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of hearing or an
appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth, with particularity, the interest of the petitioner in
the proceeding and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted, with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion that support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these
[[Page 73910]]
requirements with respect to at least one contention will not be
permitted to participate as a party.
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.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Requests for hearing,
petitions for leave to intervene, and motions for leave to file new or
amended contentions that are filed after the 60-day deadline will not
be entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i)-(iii).
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, 2015. The petition must be filed in accordance with the
filing instructions in the ``Electronic Submissions (E-Filing)''
section 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
February 10, 2015.
III. 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 agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
portable document format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.
Eastern Time,
[[Page 73911]]
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 the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
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.
Exelon Generation Corporation, LLC, Docket 72-0008, Calvert Cliffs
Independent Spent Fuel Storage Installation, Calvert County, Maryland;
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 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 requester 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\ 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.
---------------------------------------------------------------------------
(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);
(3) The identity of the individual or entity requesting access to
SUNSI and the requester'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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 25 days after
the requestor is granted access to that information. However, if more
than 25 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.
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 requester may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
[[Page 73912]]
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) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requester 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 5 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\
---------------------------------------------------------------------------
\3\ Requesters 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 4th day of December 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.
60................ 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 petitioner/requestor reply).
20................ Nuclear Regulatory Commission (NRC) staff informs
the requester 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 petitioner/requester 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.
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 + 28............ 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 + 53............ (Contention receipt +25) Answers to contentions
whose development depends upon access to SUNSI.
A + 60............ (Answer receipt +7) Petitioner/Intervenor reply to
answers.
>A + 60........... Decision on contention admission.
------------------------------------------------------------------------
[FR Doc. 2014-29141 Filed 12-11-14; 8:45 am]
BILLING CODE 7590-01-P
