Crystal River Nuclear Generating Plant, Unit 3; Consideration of Approval of Transfer of License and Conforming Amendment, 23612-23615 [2015-09907]
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Procedures for the conduct of and
participation in ACRS meetings were
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October 13, 2014 (79 FR 59307). In
accordance with those procedures, oral
or written views may be presented by
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Persons desiring to make oral statements
should notify Quynh Nguyen, Cognizant
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Thirty-five hard copies of each
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In addition, one electronic copy of each
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Dated at Rockville, Maryland, this 22nd
day of April 2015.
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Advisory Committee Management Officer.
[FR Doc. 2015–09867 Filed 4–27–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302; NRC–2011–0024]
Crystal River Nuclear Generating Plant,
Unit 3; Consideration of Approval of
Transfer of License and Conforming
Amendment
Nuclear Regulatory
Commission.
ACTION: Application for direct transfer of
license; opportunity to comment,
request a hearing, and petition for leave
to intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of an application
filed by Duke Energy Florida, Inc. (DEF)
on November 7, 2014. The application
seeks NRC approval of the direct
transfer of Facility Operating License
DPR–72 for Crystal River Nuclear
Generating Plant, Unit 3, from eight
minority co-owners to DEF. The NRC is
also considering amending the facility
operating license for administrative
purposes to reflect the proposed
transfer.
DATES: Comments must be filed by May
28, 2015. A request for a hearing must
be filed by May 18, 2015.
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–2011–0024. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
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
SUMMARY:
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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 obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Michael D. Orenak, Office of Nuclear
Reactor Regulation, telephone: 301–
415–3229, email: Michael.Orenak@
nrc.gov; U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2011–
0024 when contacting the NRC about
the availability of information regarding
for this action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2011–0024.
• 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
email to pdr.resource@nrc.gov. The
application for direct transfer of license
is available in ADAMS under Accession
No. ML14321A450.
• 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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B. Submitting Comments
Please include Docket ID NRC–2011–
0024 in the subject line of your
comment submission.
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.
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II. Introduction
The NRC is considering the issuance
of an order under section 50.80 of title
10 of the Code of Federal Regulations
(10 CFR) approving the direct transfer of
interests in Facility Operating License
DPR–72 for Crystal River Nuclear
Generating Plant, Unit 3, to the extent
held by eight minority co-owners, to
DEF. The NRC is also considering
amending the facility operating license
for administrative purposes to reflect
the proposed transfer.
The DEF currently holds 91.78
percent ownership interest in Crystal
River Nuclear Generating Plant, Unit 3.
Following approval of the proposed
direct transfer of control of the license,
DEF would acquire the combined 6.52
percent interest in the facility held by
the eight minority co-owners. The
remaining 1.70 percent is held by
Seminole Electric Cooperative, Inc.
No physical changes to Crystal River
Nuclear Generating Plant, Unit 3, or
operational changes are being proposed
in the application.
The NRC’s regulations at 10 CFR
50.80 state that no license, or any right
thereunder, shall be transferred, directly
or indirectly, through transfer of control
of the license, unless the Commission
gives its consent in writing. The
Commission will approve an
application for the direct transfer of a
license if the Commission determines
that the proposed transferee is qualified
to hold the license, and that the transfer
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is otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission.
Before issuance of the proposed
conforming license amendment, the
Commission will have made findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
Commission’s regulations.
As provided in 10 CFR 2.1315, unless
otherwise determined by the
Commission with regard to a specific
application, the Commission has
determined that any amendment to the
license of a utilization facility, which
does no more than conform the license
to reflect the transfer action, involves no
significant hazards consideration. No
contrary determination has been made
with respect to this specific license
amendment application. In light of the
generic determination reflected in 10
CFR 2.1315, no public comments with
respect to significant hazards
considerations are being solicited,
notwithstanding the general comment
procedures contained in 10 CFR 50.91.
III. Opportunity To 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
and Petition for Leave To Intervene
Within 20 days from the date of
publication of this notice, any person(s)
whose interest may be affected by the
Commission’s action on the application
may request a hearing and intervention
via electronic submission through the
NRC’s E-filing system. Requests for a
hearing and petitions for leave to
intervene should be filed in accordance
with the Commission’s rules of practice
set forth in Subpart C ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR part 2. In
particular, such requests and petitions
must comply with the requirements set
forth in 10 CFR 2.309, which is
available at the NRC’s PDR, located at
O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. The
NRC’s regulations are accessible
electronically from the NRC Library on
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the NRC’s public Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/.
As required by 10 CFR 2.309, a
request for hearing or petition for leave
to intervene must 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 hearing
request or petition must 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
hearing request or petition must also
include the specific contentions that the
requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/
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 requestor/
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 hearing request or
petition must also include a concise
statement of the alleged facts or expert
opinion that support the contention and
on which the requestor/petitioner
intends to rely at the hearing, together
with references to those specific sources
and documents. The hearing request or
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. If the
requestor/petitioner believes that the
application for amendment fails to
contain information on a relevant matter
as required by law, the requestor/
petitioner must identify each failure and
the supporting reasons for the
requestor’s/petitioner’s belief. Each
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who does not satisfy these
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requirements for 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.
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 May 18, 2015. 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 section 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
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
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make a limited appearance are
requested to inform the Secretary of the
Commission by June 29, 2015.
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 ten 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
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
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
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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, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
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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.
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
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November 7, 2014 (ADAMS Accession
No. ML14321A450).
Dated at Rockville, Maryland, this 22nd
day of April 2015.
For the Nuclear Regulatory Commission.
Meena K. Khanna,
Chief, Plant Licensing IV–2 and
Decommissioning Transition Branch,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2015–09907 Filed 4–27–15; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
National Council on Federal LaborManagement Relations Meeting
Office of Personnel
Management.
ACTION: Notice of meeting.
AGENCY:
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carrying out the responsibilities and
functions listed in section 1(b) of the E.
O. The meetings are open to the public.
Please contact the Office of Personnel
Management at the address shown
below if you wish to present material to
the Council at the meeting. The manner
and time prescribed for presentations
may be limited, depending upon the
number of parties that express interest
in presenting information.
FOR FURTHER INFORMATION CONTACT: Tim
Curry, Deputy Associate Director for
Partnership and Labor Relations, Office
of Personnel Management, 1900 E Street
NW., Room 7H28, Washington, DC
20415. Phone (202) 606–2930 or email
at PLR@opm.gov.
For the National Council.
Katherine Archuleta,
Director.
[FR Doc. 2015–09842 Filed 4–27–15; 8:45 am]
The National Council on
Federal Labor-Management Relations
plans to meet on Wednesday, May 20,
2015.
The meeting will start at 10:00 a.m.
EDT and will be held at the General
Services Administration (GSA), 1800 F
Street NW., Room 1459, Washington,
DC 20405. This is a change from the
previous location announced in a
Federal Register notice published
February 2, 2015 at 80 FR 5589.
Interested parties should consult the
Council Web site at www.lmrcouncil.gov
for the latest information on Council
activities, including changes in meeting
logistics.
The Council is an advisory body
composed of representatives of Federal
employee organizations, Federal
management organizations, and senior
Government officials. The Council was
established by E. O. 13522, entitled,
‘‘Creating Labor-Management Forums to
Improve Delivery of Government
Services,’’ which was signed by the
President on December 9, 2009. Along
with its other responsibilities, the
Council assists in the implementation of
Labor Management Forums throughout
the Government and makes
recommendations to the President on
innovative ways to improve delivery of
services and products to the public
while cutting costs and advancing
employee interests. The Council is cochaired by the Director of the Office of
Personnel Management and the Deputy
Director for Management of the Office of
Management and Budget.
At its meetings, the Council will
continue its work in promoting
cooperative and productive
relationships between labor and
management in the executive branch, by
SUMMARY:
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74783; File No. SR–BX–
2015–021]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NASDAQ
OMX BX, Inc. Relating to NASDAQ
OMX BX Equities Market Participant
Registration and Sponsored Access
April 22, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 16,
2015, NASDAQ OMX BX, Inc. (‘‘BX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I and II,
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 4611, entitled ‘‘NASDAQ OMX BX
Equities Market Participant
Registration’’ and adopt a new Rule
4615, entitled ‘‘Sponsored Participants.’’
The Exchange requests that the
Commission waive the 30-day operative
1 15
2 17
E:\FR\FM\28APN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
28APN1
Agencies
[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Notices]
[Pages 23612-23615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09907]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302; NRC-2011-0024]
Crystal River Nuclear Generating Plant, Unit 3; Consideration of
Approval of Transfer of License and Conforming Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for direct transfer of license; opportunity to
comment, request a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by Duke Energy Florida,
Inc. (DEF) on November 7, 2014. The application seeks NRC approval of
the direct transfer of Facility Operating License DPR-72 for Crystal
River Nuclear Generating Plant, Unit 3, from eight minority co-owners
to DEF. The NRC is also considering amending the facility operating
license for administrative purposes to reflect the proposed transfer.
DATES: Comments must be filed by May 28, 2015. A request for a hearing
must be filed by May 18, 2015.
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-2011-0024. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Michael D. Orenak, Office of Nuclear
Reactor Regulation, telephone: 301-415-3229, email:
Michael.Orenak@nrc.gov; U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2011-0024 when contacting the NRC
about the availability of information regarding for this action. You
may obtain publicly-available information related to this action by any
of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0024.
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 email to pdr.resource@nrc.gov. The
application for direct transfer of license is available in ADAMS under
Accession No. ML14321A450.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
[[Page 23613]]
B. Submitting Comments
Please include Docket ID NRC-2011-0024 in the subject line of your
comment submission.
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 section 50.80
of title 10 of the Code of Federal Regulations (10 CFR) approving the
direct transfer of interests in Facility Operating License DPR-72 for
Crystal River Nuclear Generating Plant, Unit 3, to the extent held by
eight minority co-owners, to DEF. The NRC is also considering amending
the facility operating license for administrative purposes to reflect
the proposed transfer.
The DEF currently holds 91.78 percent ownership interest in Crystal
River Nuclear Generating Plant, Unit 3. Following approval of the
proposed direct transfer of control of the license, DEF would acquire
the combined 6.52 percent interest in the facility held by the eight
minority co-owners. The remaining 1.70 percent is held by Seminole
Electric Cooperative, Inc.
No physical changes to Crystal River Nuclear Generating Plant, Unit
3, or operational changes are being proposed in the application.
The NRC's regulations at 10 CFR 50.80 state that no license, or any
right thereunder, shall be transferred, directly or indirectly, through
transfer of control of the license, unless the Commission gives its
consent in writing. The Commission will approve an application for the
direct transfer of a license if the Commission determines that the
proposed transferee is qualified to hold the license, and that the
transfer is otherwise consistent with applicable provisions of law,
regulations, and orders issued by the Commission.
Before issuance of the proposed conforming license amendment, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations.
As provided in 10 CFR 2.1315, unless otherwise determined by the
Commission with regard to a specific application, the Commission has
determined that any amendment to the license of a utilization facility,
which does no more than conform the license to reflect the transfer
action, involves no significant hazards consideration. No contrary
determination has been made with respect to this specific license
amendment application. In light of the generic determination reflected
in 10 CFR 2.1315, no public comments with respect to significant
hazards considerations are being solicited, notwithstanding the general
comment procedures contained in 10 CFR 50.91.
III. Opportunity To 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 and Petition for Leave To
Intervene
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission through the NRC's E-filing system. Requests for a hearing
and petitions for leave to intervene should be filed in accordance with
the Commission's rules of practice set forth in Subpart C ``Rules of
General Applicability: Hearing Requests, Petitions to Intervene,
Availability of Documents, Selection of Specific Hearing Procedures,
Presiding Officer Powers, and General Hearing Management for NRC
Adjudicatory Hearings,'' of 10 CFR part 2. In particular, such requests
and petitions must comply with the requirements set forth in 10 CFR
2.309, which is available at the NRC's PDR, located at O1F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. The NRC'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/.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must 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 hearing request or petition must
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 hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/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 requestor/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 hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or 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. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for
the requestor's/petitioner's belief. Each contention must be one which,
if proven, would entitle the requestor/petitioner to relief. A
requestor/petitioner who does not satisfy these
[[Page 23614]]
requirements for 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.
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 May
18, 2015. 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 section 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
June 29, 2015.
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
ten 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, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an
[[Page 23615]]
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.
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 November 7, 2014 (ADAMS Accession No. ML14321A450).
Dated at Rockville, Maryland, this 22nd day of April 2015.
For the Nuclear Regulatory Commission.
Meena K. Khanna,
Chief, Plant Licensing IV-2 and Decommissioning Transition Branch,
Division of Operating Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2015-09907 Filed 4-27-15; 8:45 am]
BILLING CODE 7590-01-P