James A. FitzPatrick Nuclear Power Plant; Consideration of Approval of Transfer of License and Conforming Amendment, 63500-63503 [2016-22229]
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Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Notices
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[FR Doc. 2016–22192 Filed 9–14–16; 8:45 am]
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BILLING CODE 7536–01–P
NATIONAL SCIENCE FOUNDATION
[FR Doc. 2016–22213 Filed 9–14–16; 8:45 am]
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Committee on Equal Opportunities in
Science and Engineering Notice of
Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting:
Name: Committee on Equal
Opportunities in Science and
Engineering (CEOSE) Advisory
Committee Meeting (#1173).
Dates/Time: October 13, 2016; 8:00
a.m.–Noon; October 14, 2016; 1:30
p.m.–5:30 p.m.
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Place: National Science Foundation
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10, 2016.
Type of Meeting: Open.
Contact Person: Dr. Bernice
Anderson, Senior Advisor and CEOSE
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CEOSE Executive Secretary at the above
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Purpose of Meeting: To study data,
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• Panel Presentations: NSF INCLUDES
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• Discussion: 2015–2016 CEOSE
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• Discussion: An Accountability System
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• Discussion: Reports by CEOSE
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• Working Session: Chapter Three of
the 2015–2016 CEOSE Biennial
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BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–333; NRC–2016–0195]
James A. FitzPatrick Nuclear Power
Plant; Consideration of Approval of
Transfer of License and Conforming
Amendment
Nuclear Regulatory
Commission.
ACTION: Application for direct transfer of
license; opportunity to comment,
AGENCY:
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request a hearing, and petition for leave
to intervene.
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of an application
filed by Entergy Nuclear Operations,
Inc. (ENO), and Exelon Generation
Company, LLC (Exelon) on August 18,
2016. The application seeks NRC
approval of the direct transfer of DPR–
59 and SFGL–12 for James A.
FitzPatrick Nuclear Power Plant
(FitzPatrick), from the current holder,
ENO, to Exelon. The NRC is also
considering amending the renewed
facility operating license for
administrative purposes to reflect the
proposed transfer.
DATES: Comments must be filed by
October 17, 2016. A request for a
hearing must be filed by October 5,
2016.
SUMMARY:
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–2016–0195. 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:
Diane Render, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–3629, email:
Diane.Render@nrc.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2016–
0195 when contacting the NRC about
the availability of information 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–2016–0195.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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 the direct license
transfer of FitzPatrick is available in
ADAMS under Accession No.
ML16235A081.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2016–
0195 in 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 posts all comment
submissions at https://www.regulations
.gov as well as entering 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 submission.
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 § 50.80 of title 10 of
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the Code of Federal Regulations (10
CFR) approving the direct transfer of
control of FitzPatrick, currently held by
ENO. The transfer would be to Exelon.
The NRC is also considering amending
the renewed facility operating licenses
for administrative purposes to reflect
the proposed transfer.
Following approval of the proposed
direct transfer of control of the license,
Exelon would acquire ownership of the
facility. Exelon would be responsible for
the operation and maintenance of
FitzPatrick.
No physical changes to FitzPatrick 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 or to the
license of an Independent Spent Fuel
Storage Installation, which does no
more than conform the license to reflect
the transfer action involves no
significant hazards consideration and no
genuine issue as to whether the health
and safety of the public will be
significantly affected. No contrary
determination has been made with
respect to this specific license
amendment application. In light of the
generic determination reflected in 10
CFR 2.1315, no public comments with
respect to significant hazards
considerations are being solicited,
notwithstanding the general comment
procedures contained in 10 CFR 50.91.
III. Opportunity To Comment
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
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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 after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and a petition to intervene
(petition) with respect to issuance of the
amendment to the subject facility
operating license or combined license.
Petitions 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 at One White Flint North, Room
O1–F21, 11555 Rockville Pike (first
floor), 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/doccollections/cfr/. If a petition is filed
within 20 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 petition; and the Secretary
or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will
issue a notice of a hearing or an
appropriate order.
As required by 10 CFR 2.309, a
petition 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
petitioner; (2) the nature of the
petitioner’s right under the Act to be
made a party to the proceeding; (3) the
nature and extent of the 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
petitioner’s interest. The petition must
also set forth the specific contentions
which the 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 petitioner shall provide a
brief explanation of the bases for the
contention and a concise statement of
the alleged facts or expert opinion
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which support the contention and on
which the petitioner intends to rely in
proving the contention at the hearing.
The petitioner must also provide
references to those specific sources and
documents of which the petitioner is
aware and on which the petitioner
intends to rely to establish those facts or
expert opinion to support its position on
the issue. 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 petitioner to
relief. A petitioner who fails to satisfy
these 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 the NRC’s
regulations, policies, and procedures.
Petitions for leave to intervene must
be filed no later than 20 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 20-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
October 5, 2016. 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 set forth in
this section, except that under 10 CFR
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-
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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. Details regarding the
opportunity to make a limited
appearance will be provided by the
presiding officer if such sessions are
scheduled.
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
(hereinafter ‘‘petition’’), 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, as amended at 77 FR
46562, August 3, 2012). 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 petition (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
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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 available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
adjudicatory-sub.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
Electronic Filing Help Desk will not be
able to offer assistance in using unlisted
software.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a petition. Submissions should
be in Portable Document Format (PDF).
Additional guidance on PDF
submissions is available on the NRC’s
public Web site at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the documents are submitted through
the NRC’s E-Filing system. To be timely,
an electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing 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 Electronic Filing 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
Electronic Filing Help Desk is available
between 9 a.m. and 7 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
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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 stating why there is good cause for
not filing electronically and 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, in some
instances, a petition 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
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Register and served on the parties to the
hearing.
For further details with respect to this
application, see the application dated
August 18, 2016.
Dated at Rockville, Maryland, this 9th day
of September 2016.
For the Nuclear Regulatory Commission.
Diane Render,
Project Manager, Plant Licensing Branch I–
1, Division of Operator Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2016–22229 Filed 9–14–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302; NRC–2011–0024]
In the Matter of Duke Energy Florida,
Inc., and Seminole Electric
Cooperative, Inc., Crystal River Unit 3
Nuclear Generating Plant
Nuclear Regulatory
Commission.
ACTION: Direct transfer of license; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
approving the direct transfer of the
1.6994 percent of Crystal River Unit 3
Nuclear Generating Plant (CR–3)
currently owned by Seminole Electric
Cooperative, Inc. (SEC), to Duke Energy
Florida, Inc. (DEF). The NRC is also
amending the facility-operating license
for administrative purposes to reflect
the license transfer of the 1.6994 percent
ownership from SEC to DEF. The NRC
confirmed that the transfer of the license
is otherwise consistent with the
applicable provisions of law,
regulations, and orders issued by the
Commission. The order approving the
transfer of the 1.6994 percent of CR–3
currently owned by SEC, to DEF became
effective on August 10, 2016.
DATES: The Order was issued on August
10, 2016, and is effective for one year.
ADDRESSES: Please refer to Docket ID
NRC–2011–0024 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–2011–0024. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463; or
via email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
SUMMARY:
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63503
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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
via email to: pdr.resource@nrc.gov. The
license transfer Order, the NRC safety
evaluation supporting the staff’s
findings, and the conforming license
amendment are available in ADAMS
under Accession Nos. ML16123A073,
ML16123A074, and ML16123A057,
respectively.
• 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
B. Hickman, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
3017, email: John.Hickman@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Rockville, Maryland, this 1st day
of September 2016.
For the U.S. Nuclear Regulatory
Commission.
Andrea L. Kock,
Deputy Director, Division of
Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
Attachment—Order Approving the
Transfer of License and Conforming
Amendment
United States of America
Nuclear Regulatory Commission
In the Matter of Duke Energy Florida, Inc.;
Crystal River Unit 3 Nuclear Generating Plant
Docket No. 50–302
License No. DPR–72
Order Approving Transfer of License and
Conforming Amendment
I.
Duke Energy Florida, Inc. (DEF or the
applicant) and Seminole Electric
Cooperative, Inc., are holders of Facility
Operating License No. DPR–72, which
authorizes the possession of the Crystal River
Unit 3 Nuclear Generating Plant (CR–3).
Facility Operating License No. DPR–72 also
authorizes DEF (currently owner of 98.3006
percent of CR–3) to use and operate CR–3.
CR–3 is located in Red Level, Florida, in
Citrus County, about 5 miles south of Levy
E:\FR\FM\15SEN1.SGM
15SEN1
Agencies
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Pages 63500-63503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22229]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-333; NRC-2016-0195]
James A. FitzPatrick Nuclear Power Plant; 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 Entergy Nuclear
Operations, Inc. (ENO), and Exelon Generation Company, LLC (Exelon) on
August 18, 2016. The application seeks NRC approval of the direct
transfer of DPR-59 and SFGL-12 for James A. FitzPatrick Nuclear Power
Plant (FitzPatrick), from the current holder, ENO, to Exelon. The NRC
is also considering amending the renewed facility operating license for
administrative purposes to reflect the proposed transfer.
DATES: Comments must be filed by October 17, 2016. A request for a
hearing must be filed by October 5, 2016.
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-2016-0195. 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: Diane Render, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3629, email: Diane.Render@nrc.gov.
SUPPLEMENTARY INFORMATION:
[[Page 63501]]
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2016-0195 when contacting the NRC
about the availability of information 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-2016-0195.
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 the direct license transfer of FitzPatrick is available
in ADAMS under Accession No. ML16235A081.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2016-0195 in 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 posts all comment submissions at https://www.regulations.gov as well as entering 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 submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Introduction
The NRC is considering the issuance of an order under Sec. 50.80
of title 10 of the Code of Federal Regulations (10 CFR) approving the
direct transfer of control of FitzPatrick, currently held by ENO. The
transfer would be to Exelon. The NRC is also considering amending the
renewed facility operating licenses for administrative purposes to
reflect the proposed transfer.
Following approval of the proposed direct transfer of control of
the license, Exelon would acquire ownership of the facility. Exelon
would be responsible for the operation and maintenance of FitzPatrick.
No physical changes to FitzPatrick 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
or to the license of an Independent Spent Fuel Storage Installation,
which does no more than conform the license to reflect the transfer
action involves no significant hazards consideration and no genuine
issue as to whether the health and safety of the public will be
significantly affected. No contrary determination has been made with
respect to this specific license amendment application. In light of the
generic determination reflected in 10 CFR 2.1315, no public comments
with respect to significant hazards considerations are being solicited,
notwithstanding the general comment procedures contained in 10 CFR
50.91.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments should be
submitted as described in the ADDRESSES section of this document.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 20 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and a petition to intervene (petition)
with respect to issuance of the amendment to the subject facility
operating license or combined license. Petitions 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 at One White Flint North, Room O1-F21, 11555 Rockville Pike
(first floor), 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 petition is
filed within 20 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 petition; and the
Secretary or the Chief Administrative Judge of the Atomic Safety and
Licensing Board will issue a notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a petition 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
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
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 petitioner's interest. The petition
must also set forth the specific contentions which the 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
petitioner shall provide a brief explanation of the bases for the
contention and a concise statement of the alleged facts or expert
opinion
[[Page 63502]]
which support the contention and on which the petitioner intends to
rely in proving the contention at the hearing. The petitioner must also
provide references to those specific sources and documents of which the
petitioner is aware and on which the petitioner intends to rely to
establish those facts or expert opinion to support its position on the
issue. 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 petitioner to relief. A petitioner who fails
to satisfy these 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 the NRC's regulations, policies, and procedures.
Petitions for leave to intervene must be filed no later than 20
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 20-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 October 5, 2016. 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 set forth in this section, except that under 10 CFR
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. Details regarding the opportunity to
make a limited appearance will be provided by the presiding officer if
such sessions are scheduled.
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 (hereinafter
``petition''), 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, as amended at 77
FR 46562, August 3, 2012). 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 petition (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 available on the NRC's public Web site at
https://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be
able to offer assistance in using unlisted software.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a petition.
Submissions should be in Portable Document Format (PDF). Additional
guidance on PDF submissions is available on the NRC's public Web site
at https://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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 Electronic
Filing 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 Electronic Filing Help Desk is available between 9 a.m.
and 7 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
[[Page 63503]]
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
stating why there is good cause for not filing electronically and
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, in some instances, a petition 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 August 18, 2016.
Dated at Rockville, Maryland, this 9th day of September 2016.
For the Nuclear Regulatory Commission.
Diane Render,
Project Manager, Plant Licensing Branch I-1, Division of Operator
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-22229 Filed 9-14-16; 8:45 am]
BILLING CODE 7590-01-P