Information Collection: Notice of Enforcement Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion Plants (NRC Enforcement Policy), 33748-33749 [2020-11896]

Download as PDF 33748 Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued Day Event/activity 25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 30 ...................... 40 ...................... A ....................... A + 3 ................. A + 28 ............... A + 53 ............... A + 60 ............... >A + 60 ............. [FR Doc. 2020–10530 Filed 6–1–20; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2019–0218] Information Collection: Notice of Enforcement Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion Plants (NRC Enforcement Policy) Nuclear Regulatory Commission. ACTION: Notice of submission to the Office of Management and Budget; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, ‘‘Notice of Enforcement Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion Plants (NRC Enforcement Policy).’’ SUMMARY: Submit comments by July 2, 2020. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to https://www.reginfo.gov/ khammond on DSKJM1Z7X2PROD with NOTICES DATES: VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review— Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–2084; email: Infocollects.Resource@nrc.gov. SUPPLEMENTARY INFORMATION: available in ADAMS under Accession No. ML20030A287. • NRC’s Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC’s Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–2084; email: Infocollects.Resource@nrc.gov. I. Obtaining Information and Submitting Comments B. Submitting Comments A. Obtaining Information Please refer to Docket ID: NRC–2019– 0218 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 website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0218. A copy of the collection of information and related instructions may be obtained without charge by accessing Docket ID NRC–2019–0218 on this website. • 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 ‘‘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 supporting statement is PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at https:// www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the OMB, 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 comment submissions are not routinely edited to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Background Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently E:\FR\FM\02JNN1.SGM 02JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Notices submitted a request for renewal of an existing collection of information to OMB for review entitled, ‘‘Notice of Enforcement Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion Plants (NRC Enforcement Policy).’’ The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register notice with a 60-day comment period on this information collection on December 26, 2019, 84 FR 71006. 1. The title of the information collection: Notice of Enforcement Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion Plants (NRC Enforcement Policy). 2. OMB approval number: 3150–0136. 3. Type of submission: Extension. 4. The form number if applicable: N/ A. 5. How often the collection is required or requested: On Occasion. 6. Who will be required or asked to respond: Those licensees that voluntarily request enforcement discretion through the NOED process. 7. The estimated number of annual responses: 8 (4 reporting responses + 4 recordkeepers). 8. The estimated number of annual respondents: 4. 9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 680 (600 reporting + 80 recordkeeping). 10. Abstract: The NRC’s Enforcement Policy includes the circumstances in which the NRC may grant a NOED. On occasion, circumstances arise when a power plant licensee’s compliance with a Technical Specification (TS) Limiting Condition for Operation or any other license condition would involve an unnecessary plant shutdown or transient. Similarly, for a gaseous diffusion plant, circumstances may arise where compliance with a Technical Safety Requirement (TSR) or other condition would unnecessarily call for a total plant shutdown, or, compliance would unnecessarily place the plant in a condition where safety, safeguards, or security features were degraded or inoperable. In these circumstances, a licensee or certificate holder may request that the NRC exercise enforcement discretion, and the NRC staff may choose to not enforce the applicable TS, TSR, or other license or certificate condition. This enforcement discretion is designated as a NOED. VerDate Sep<11>2014 20:46 Jun 01, 2020 Jkt 250001 A licensee or certificate holder seeking the issuance of a NOED must justify, in accordance with NRC Enforcement Manual (ADAMS Accession No. ML19193A023), the safety basis for the request, including an evaluation of the safety significance and potential consequences of the proposed request, a description of proposed compensatory measures, a justification for the duration of the request, the basis for the licensee’s or certificate holder’s conclusion that the request does not have a potential adverse impact on the public health and safety, and does not involve adverse consequences to the environment, and any other information the NRC staff deems necessary before making a decision to exercise discretion. Dated: May 28, 2020. For the Nuclear Regulatory Commission. Kristen E. Benney, Acting NRC Clearance Officer, Office of the Chief Information Officer. [FR Doc. 2020–11896 Filed 6–1–20; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2020–0123] Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations Pursuant to section 189.a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration (NSHC), notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all amendments issued, or proposed to be issued, from May 5, 2020, to May 15, 2020. The last biweekly notice was published on May 19, 2020. DATES: Comments must be filed by July 2, 2020. A request for a hearing or PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 petitions for leave to intervene must be filed by August 3, 2020. ADDRESSES: You may submit comments by any of the following: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0123. Address questions about NRC Docket IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing Staff. 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: Janet Burkhardt, Office of Nuclear Reactor Regulation, telephone: 301– 415–1384, email: Janet.Burkhardt@ nrc.gov, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Nuclear Regulatory Commission. ACTION: Biweekly notice. AGENCY: SUMMARY: 33749 Please refer to Docket ID NRC–2020– 0123, facility name, unit number(s), docket number(s), application date, and subject 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0123. • 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 ‘‘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 ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33748-33749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11896]


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NUCLEAR REGULATORY COMMISSION

[NRC-2019-0218]


Information Collection: Notice of Enforcement Discretion (NOED) 
for Operating Power Reactors and Gaseous Diffusion Plants (NRC 
Enforcement Policy)

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of submission to the Office of Management and Budget; 
request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has recently 
submitted a request for renewal of an existing collection of 
information to the Office of Management and Budget (OMB) for review. 
The information collection is entitled, ``Notice of Enforcement 
Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion 
Plants (NRC Enforcement Policy).''

DATES: Submit comments by July 2, 2020. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 
Review--Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: David Cullison, NRC Clearance Officer, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-2084; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID: NRC-2019-0218 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0218. A copy of 
the collection of information and related instructions may be obtained 
without charge by accessing Docket ID NRC-2019-0218 on this website.
     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 ``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 [email protected]. The supporting statement is available 
in ADAMS under Accession No. ML20030A287.
     NRC's Clearance Officer: A copy of the collection of 
information and related instructions may be obtained without charge by 
contacting the NRC's Clearance Officer, David Cullison, Office of the 
Chief Information Officer, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2084; email: 
[email protected].

B. Submitting Comments

    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. All comment submissions are 
posted at https://www.regulations.gov and entered into ADAMS. Comment 
submissions are not routinely edited to remove identifying or contact 
information.
    If you are requesting or aggregating comments from other persons 
for submission to the OMB, 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 comment submissions are not routinely edited to remove such 
information before making the comment submissions available to the 
public or entering the comment into ADAMS.

II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), the NRC recently

[[Page 33749]]

submitted a request for renewal of an existing collection of 
information to OMB for review entitled, ``Notice of Enforcement 
Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion 
Plants (NRC Enforcement Policy).'' The NRC hereby informs potential 
respondents that an agency may not conduct or sponsor, and that a 
person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.
    The NRC published a Federal Register notice with a 60-day comment 
period on this information collection on December 26, 2019, 84 FR 
71006.
    1. The title of the information collection: Notice of Enforcement 
Discretion (NOED) for Operating Power Reactors and Gaseous Diffusion 
Plants (NRC Enforcement Policy).
    2. OMB approval number: 3150-0136.
    3. Type of submission: Extension.
    4. The form number if applicable: N/A.
    5. How often the collection is required or requested: On Occasion.
    6. Who will be required or asked to respond: Those licensees that 
voluntarily request enforcement discretion through the NOED process.
    7. The estimated number of annual responses: 8 (4 reporting 
responses + 4 recordkeepers).
    8. The estimated number of annual respondents: 4.
    9. An estimate of the total number of hours needed annually to 
comply with the information collection requirement or request: 680 (600 
reporting + 80 recordkeeping).
    10. Abstract: The NRC's Enforcement Policy includes the 
circumstances in which the NRC may grant a NOED. On occasion, 
circumstances arise when a power plant licensee's compliance with a 
Technical Specification (TS) Limiting Condition for Operation or any 
other license condition would involve an unnecessary plant shutdown or 
transient. Similarly, for a gaseous diffusion plant, circumstances may 
arise where compliance with a Technical Safety Requirement (TSR) or 
other condition would unnecessarily call for a total plant shutdown, 
or, compliance would unnecessarily place the plant in a condition where 
safety, safeguards, or security features were degraded or inoperable.
    In these circumstances, a licensee or certificate holder may 
request that the NRC exercise enforcement discretion, and the NRC staff 
may choose to not enforce the applicable TS, TSR, or other license or 
certificate condition. This enforcement discretion is designated as a 
NOED.
    A licensee or certificate holder seeking the issuance of a NOED 
must justify, in accordance with NRC Enforcement Manual (ADAMS 
Accession No. ML19193A023), the safety basis for the request, including 
an evaluation of the safety significance and potential consequences of 
the proposed request, a description of proposed compensatory measures, 
a justification for the duration of the request, the basis for the 
licensee's or certificate holder's conclusion that the request does not 
have a potential adverse impact on the public health and safety, and 
does not involve adverse consequences to the environment, and any other 
information the NRC staff deems necessary before making a decision to 
exercise discretion.

    Dated: May 28, 2020.

    For the Nuclear Regulatory Commission.
Kristen E. Benney,
Acting NRC Clearance Officer, Office of the Chief Information Officer.
[FR Doc. 2020-11896 Filed 6-1-20; 8:45 am]
 BILLING CODE 7590-01-P