In the Matter of Tennessee Valley Authority Bellefonte Nuclear Plant, Units 1 and 2, 7313-7316 [2021-01754]
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Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (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 website at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public website 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 document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website 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 6 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, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents 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://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘cancel’’ when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing docket where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
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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
December 2, 2020 (ADAMS Accession
No. ML20337A344).
Dated: January 21, 2021.
For the Nuclear Regulatory Commission.
Dennis J. Galvin,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2021–01742 Filed 1–26–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–438 and 50–439; NRC–
2020–0273]
In the Matter of Tennessee Valley
Authority Bellefonte Nuclear Plant,
Units 1 and 2
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has approved the
Tennessee Valley Authority (TVA)
requests to extend the latest
construction completion dates for
Bellefonte Nuclear Plant (BLN), Units 1
and 2, to October 1, 2021. TVA is the
current construction permit (CP) holder
for BLN, Units 1 and 2. The initial CPs
for BLN were issued on December 24,
1974, authorizing TVA to construct
BLN, Units 1 and 2, in Jackson County,
AL.
DATES: The Order was issued on January
22, 2021.
ADDRESSES: Please refer to Docket NRC–
2020–0273 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0273. Address
questions about 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.
SUMMARY:
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Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices
• 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 pdr.resource@
nrc.gov. The ‘‘Bellefonte Nuclear Plant,
Units 1 and 2—Extension of
Construction Permits Expiration Dates,’’
is available in ADAMS under Accession
No. ML20335A393.
• Attention: The PDR, where you may
examine and order copies of public
documents is currently closed. You may
submit your request to the PDR via
email at pdr.resource@nrc.gov or call 1–
800–397–4209 or 301–415–4737,
between 8:00 a.m. and 4:00 p.m. (EST),
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Omid Tabatabai, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6616, email: Omid.Tabatabai@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated: January 22, 2021.
For the Nuclear Regulatory Commission.
Omid Tabatabai-Yazdi,
Senior Project Manager, New Reactor
Licensing Branch, Division of New and
Renewed Licenses, Office of Nuclear Reactor
Regulation.
United States of America Nuclear
Regulatory Commission
In the Matter of TENNESSEE VALLEY
AUTHORITY (Bellefonte Nuclear
Plant, Units 1 and 2)
Docket Nos. 50–438 and 50–439
Order
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I
The Tennessee Valley Authority
(TVA, or the applicant) is the current
holder of Construction Permit (CP) Nos.
CPPR–122 and CPPR–123, which the
Atomic Energy Commission (now the
U.S. Nuclear Regulatory Commission
(NRC)) issued on December 24, 1974
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML090680334), for
construction of the Bellefonte Nuclear
Plant (BLN), Units 1 and 2, respectively.
The CPs for CPPR–122 and CPPR–123
expire on October 1, 2020, and October
1, 2014, respectively.
These facilities, currently in deferred
plant status as described in the
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Commission Policy Statement on
Deferred Plants, published in Volume
52 of the Federal Register (FR), page
38077 (52 FR 38077), on October 14,
1987, are at the applicant’s site in
Jackson County, AL, located on a
peninsula at Tennessee River Mile 392
on the west shore of Guntersville
Reservoir, about 6 miles east-northeast
of Scottsboro, AL.
TVA filed a request on June 10, 2014
(ADAMS Accession No. ML14168A489),
as supplemented on March 31, 2017
(ADAMS Accession No. ML17090A388),
under Title 10 of the Code of Federal
Regulations (10 CFR) 50.55(b) for the
extension of the latest date for the
completion of construction as stated in
CPPR–123 for BLN Unit 2. TVA also
filed a request on August 28, 2020
(ADAMS Accession No. ML20244A305),
under 10 CFR 50.55(b) for the extension
of the latest date for the completion of
construction as stated in CPPR–122 for
BLN Unit 1.
In its letter dated June 14, 2014, TVA
requested the NRC to extend the latest
construction completion date for BLN
Unit 2 from October 1, 2014, to October
1, 2017. Later, in a letter dated March
31, 2017, TVA stated that it had sold the
Bellefonte property at auction and
proposed that the NRC leave the
extension request for BLN Unit 2 as an
open item until the NRC is able to
obtain construction completion
information based on the purchaser’s
plans.
In its letter dated August 28, 2020,
TVA requested the NRC to extend the
latest construction completion date for
BLN Unit 1 from October 1, 2020 to
October 1, 2021. TVA stated that the
sale of BLN Units 1 and 2 did not close
in November 2018, and that the
purchaser, Nuclear Development, LLC,
filed a lawsuit against TVA for breach
of contract. TVA stated that an
extension for BLN Unit 1 is needed to
allow the parties additional time to
obtain a decision in the lawsuit.
II
The NRC reviewed TVA’s requests in
the letters dated June 10, 2014; March
31, 2017; and August 28, 2020. As
discussed more fully in the staff’s
related safety evaluation, the NRC staff
finds that good cause exists for
extending the completion date to
October 1, 2021, for BLN Units 1 and 2.
The staff also finds that the requested
extensions involve no significant
hazards consideration.
The NRC staff prepared an
environmental assessment and finding
of no significant impact and published
it in the Federal Register on January 19,
2021 (86 FR 5280). Under 10 CFR 51.32,
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‘‘Finding of no significant impact,’’ the
Commission has determined that
extending the construction completion
date will not have a significant effect on
the quality of the human environment.
III
Within 60 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 petition for leave to
intervene (petition) with respect to the
action. The scope of this order
extending the construction completion
dates and any proceeding hereunder is
limited to direct challenges to the CP
holder’s asserted reasons that show
good cause for the extension. Petitions
shall be filed in accordance with the
Commission’s ‘‘Agency Rules of Practice
and Procedure’’ in 10 CFR part 2.
Interested persons should consult a
current copy of 10 CFR 2.309. The
NRC’s regulations are accessible
electronically from the NRC Library on
the NRC’s website at https://
www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of
the regulations is available at the NRC’s
Public Document Room, located at One
White Flint North, Room O1–F21, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852. If a petition is filed,
the Commission or a presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
As required by 10 CFR 2.309(d) the
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements for
standing: (1) The name, address, and
telephone number of the petitioner; (2)
the nature of the petitioner’s right 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.
In accordance with 10 CFR 2.309(f),
the petition must also set forth the
specific contentions which the
petitioner seeks to have litigated in 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
must provide a brief explanation of the
bases for the contention and a concise
statement of the alleged facts or expert
opinion 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 the specific
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sources and documents on which the
petitioner intends to rely to support its
position on the issue. The petition must
include sufficient information to show
that a genuine dispute exists with the
applicant or licensee on a material issue
of law or fact. Contentions must be
limited to matters within the scope of
the proceeding. The contention must be
one which, if proven, would entitle the
petitioner to relief. A petitioner who
fails to satisfy the requirements at 10
CFR 2.309(f) 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. Parties have the opportunity
to participate fully in the conduct of the
hearing with respect to resolution of
that party’s admitted contentions,
including the opportunity to present
evidence, consistent with the NRC’s
regulations, policies, and procedures.
Petitions must be filed no later than
60 days from the date of publication of
this notice. Petitions and motions for
leave to file new or amended
contentions that are filed after the
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) through (iii). The petition
must be filed in accordance with the
filing instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document.
If a hearing is requested, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to
establish when the hearing is held. If the
final determination is that the
amendment request involves no
significant hazards consideration, the
Commission may issue the amendment
and make it immediately effective,
notwithstanding the request for a
hearing. Any hearing would take place
after issuance of the amendment. If the
final determination is that the
amendment request involves a
significant hazards consideration, then
any hearing held would take place
before the issuance of the amendment
unless the Commission finds an
imminent danger to the health or safety
of the public, in which case it will issue
an appropriate order or rule under 10
CFR part 2.
A State, local governmental body,
Federally recognized Indian Tribe, or
agency thereof, may submit a petition to
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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 no later than 60 days from
the date of publication of this notice.
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 Federallyrecognized Indian Tribe, or agency
thereof does not need to address the
standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. Alternatively, a State,
local governmental body, Federally
recognized Indian Tribe, or agency
thereof may participate as a non-party
under 10 CFR 2.315(c).
If a hearing is granted, any person
who is not a party to the proceeding and
is not affiliated with or represented by
a party may, at 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 his or her
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.
IV
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), 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 that
request to participate 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 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. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
website at https://www.nrc.gov/site-
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7315
help/e-submittals.html. 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 (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (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 website at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is 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 document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
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A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website 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 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing 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, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents 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://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘cancel’’ when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
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17:04 Jan 26, 2021
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unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. 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 attorney for the permit holder is
Sherry A. Quirk, Executive Vice
President and General Counsel,
Tennessee Valley Authority, 400 West
Summit Hill Drive, Knoxville, TN
37902.
V
It is hereby ordered that the latest
dates for the completion of construction
for CP Nos. CPPR–122 and CPPR–123
are extended to October 1, 2021.
Dated at Rockville, Maryland, this 22 day
of January 2021.
For the Nuclear Regulatory Commission.
/RA/
Robert M. Taylor,
Deputy Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2021–01754 Filed 1–26–21; 8:45 am]
BILLING CODE 7590–01–P
PENSION BENEFIT GUARANTY
CORPORATION
Submission of Information Collection
for OMB Review; Comment Request;
Disclosure of Termination Information
Pension Benefit Guaranty
Corporation.
ACTION: Notice of request for extension
of OMB approval.
AGENCY:
Pension Benefit Guaranty
Corporation (‘‘PBGC’’) is requesting that
the Office of Management and Budget
(‘‘OMB’’) extend approval, under the
Paperwork Reduction Act, of a
collection of information on the
disclosure of termination information
under its regulations for distress
terminations and for PBGC-initiated
terminations. This notice informs the
public of PBGC’s intent and solicits
public comment on the collection of
information.
SUMMARY:
Comments must be submitted on
or before February 26, 2021.
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/
DATES:
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public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function.
A copy of the request will be posted
on PBGC’s website at https://
www.pbgc.gov/prac/laws-andregulation/federal-register-notices-openfor-comment. It may also be obtained by
writing to Disclosure Division, Office of
the General Counsel, Pension Benefit
Guaranty Corporation, 1200 K Street
NW, Washington, DC 20005–4026, or
calling 202–326–4040 during normal
business hours. TTY users may call the
Federal Relay Service toll-free at 800–
877–8339 and ask to be connected to
202–326–4040.
FOR FURTHER INFORMATION CONTACT:
Melissa Rifkin (rifkin.melissa@
pbgc.gov), Attorney, Regulatory Affairs
Division, Office of the General Counsel,
Pension Benefit Guaranty Corporation,
1200 K Street NW, Washington, DC
20005–4026; 202–229–6563. (TTY users
may call the Federal Relay Service tollfree at 800–877–8339 and ask to be
connected to 202–229–6563.)
SUPPLEMENTARY INFORMATION: Sections
4041 and 4042 of the Employee
Retirement Income Security Act of 1974,
as amended (‘‘ERISA’’), 29 U.S.C. 1301–
1461, govern the termination of singleemployer defined benefit pension plans
that are subject to Title IV of ERISA. A
plan administrator may initiate a
distress termination pursuant to section
4041(c), and PBGC may itself initiate
proceedings to terminate a pension plan
under section 4042 if PBGC determines
that certain conditions are present.
Section 506 of the Pension Protection
Act of 2006 amended sections 4041 and
4042 of ERISA. These amendments
require that, upon a request by an
affected party, a plan administrator
must disclose information it has
submitted to PBGC in connection with
a distress termination filing, and that a
plan administrator or plan sponsor must
disclose information it has submitted to
PBGC in connection with a PBGCinitiated termination. The provisions
also require PBGC to disclose the
administrative record relating to a
PBGC-initiated termination upon
request by an affected party.
The collection of information has
been approved by OMB under control
number 1212–0065 (expires March 31,
2021). On November 16, 2020, PBGC
published in the Federal Register (at 85
FR 73090) a notice informing the public
of its intent to request an extension of
this collection of information without
modification. PBGC did not receive any
comments in response. PBGC is
E:\FR\FM\27JAN1.SGM
27JAN1
]]>Agencies
[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7313-7316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01754]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-438 and 50-439; NRC-2020-0273]
In the Matter of Tennessee Valley Authority Bellefonte Nuclear
Plant, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has approved the
Tennessee Valley Authority (TVA) requests to extend the latest
construction completion dates for Bellefonte Nuclear Plant (BLN), Units
1 and 2, to October 1, 2021. TVA is the current construction permit
(CP) holder for BLN, Units 1 and 2. The initial CPs for BLN were issued
on December 24, 1974, authorizing TVA to construct BLN, Units 1 and 2,
in Jackson County, AL.
DATES: The Order was issued on January 22, 2021.
ADDRESSES: Please refer to Docket NRC-2020-0273 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0273. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
[[Page 7314]]
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 ``Bellefonte Nuclear Plant, Units
1 and 2--Extension of Construction Permits Expiration Dates,'' is
available in ADAMS under Accession No. ML20335A393.
Attention: The PDR, where you may examine and order copies
of public documents is currently closed. You may submit your request to
the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Omid Tabatabai, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-6616, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: January 22, 2021.
For the Nuclear Regulatory Commission.
Omid Tabatabai-Yazdi,
Senior Project Manager, New Reactor Licensing Branch, Division of New
and Renewed Licenses, Office of Nuclear Reactor Regulation.
United States of America Nuclear Regulatory Commission
In the Matter of TENNESSEE VALLEY AUTHORITY (Bellefonte Nuclear Plant,
Units 1 and 2)
Docket Nos. 50-438 and 50-439
Order
I
The Tennessee Valley Authority (TVA, or the applicant) is the
current holder of Construction Permit (CP) Nos. CPPR-122 and CPPR-123,
which the Atomic Energy Commission (now the U.S. Nuclear Regulatory
Commission (NRC)) issued on December 24, 1974 (Agencywide Documents
Access and Management System (ADAMS) Accession No. ML090680334), for
construction of the Bellefonte Nuclear Plant (BLN), Units 1 and 2,
respectively. The CPs for CPPR-122 and CPPR-123 expire on October 1,
2020, and October 1, 2014, respectively.
These facilities, currently in deferred plant status as described
in the Commission Policy Statement on Deferred Plants, published in
Volume 52 of the Federal Register (FR), page 38077 (52 FR 38077), on
October 14, 1987, are at the applicant's site in Jackson County, AL,
located on a peninsula at Tennessee River Mile 392 on the west shore of
Guntersville Reservoir, about 6 miles east-northeast of Scottsboro, AL.
TVA filed a request on June 10, 2014 (ADAMS Accession No.
ML14168A489), as supplemented on March 31, 2017 (ADAMS Accession No.
ML17090A388), under Title 10 of the Code of Federal Regulations (10
CFR) 50.55(b) for the extension of the latest date for the completion
of construction as stated in CPPR-123 for BLN Unit 2. TVA also filed a
request on August 28, 2020 (ADAMS Accession No. ML20244A305), under 10
CFR 50.55(b) for the extension of the latest date for the completion of
construction as stated in CPPR-122 for BLN Unit 1.
In its letter dated June 14, 2014, TVA requested the NRC to extend
the latest construction completion date for BLN Unit 2 from October 1,
2014, to October 1, 2017. Later, in a letter dated March 31, 2017, TVA
stated that it had sold the Bellefonte property at auction and proposed
that the NRC leave the extension request for BLN Unit 2 as an open item
until the NRC is able to obtain construction completion information
based on the purchaser's plans.
In its letter dated August 28, 2020, TVA requested the NRC to
extend the latest construction completion date for BLN Unit 1 from
October 1, 2020 to October 1, 2021. TVA stated that the sale of BLN
Units 1 and 2 did not close in November 2018, and that the purchaser,
Nuclear Development, LLC, filed a lawsuit against TVA for breach of
contract. TVA stated that an extension for BLN Unit 1 is needed to
allow the parties additional time to obtain a decision in the lawsuit.
II
The NRC reviewed TVA's requests in the letters dated June 10, 2014;
March 31, 2017; and August 28, 2020. As discussed more fully in the
staff's related safety evaluation, the NRC staff finds that good cause
exists for extending the completion date to October 1, 2021, for BLN
Units 1 and 2. The staff also finds that the requested extensions
involve no significant hazards consideration.
The NRC staff prepared an environmental assessment and finding of
no significant impact and published it in the Federal Register on
January 19, 2021 (86 FR 5280). Under 10 CFR 51.32, ``Finding of no
significant impact,'' the Commission has determined that extending the
construction completion date will not have a significant effect on the
quality of the human environment.
III
Within 60 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 petition for leave to intervene
(petition) with respect to the action. The scope of this order
extending the construction completion dates and any proceeding
hereunder is limited to direct challenges to the CP holder's asserted
reasons that show good cause for the extension. Petitions shall be
filed in accordance with the Commission's ``Agency Rules of Practice
and Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right 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.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in 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 must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion 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 the specific
[[Page 7315]]
sources and documents on which the petitioner intends to rely to
support its position on the issue. The petition must include sufficient
information to show that a genuine dispute exists with the applicant or
licensee on a material issue of law or fact. Contentions must be
limited to matters within the scope of the proceeding. The contention
must be one which, if proven, would entitle the petitioner to relief. A
petitioner who fails to satisfy the requirements at 10 CFR 2.309(f)
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.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the 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) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective, notwithstanding the request for a hearing. Any
hearing would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of the amendment unless the Commission finds an imminent
danger to the health or safety of the public, in which case it will
issue an appropriate order or rule under 10 CFR part 2.
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 no later
than 60 days from the date of publication of this notice. 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. Alternatively, a State, local
governmental body, Federally recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
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
his or her 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.
IV
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), 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 that request to
participate 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. 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 [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
[[Page 7316]]
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
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, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents 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://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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 attorney for the permit holder is Sherry A. Quirk, Executive
Vice President and General Counsel, Tennessee Valley Authority, 400
West Summit Hill Drive, Knoxville, TN 37902.
V
It is hereby ordered that the latest dates for the completion of
construction for CP Nos. CPPR-122 and CPPR-123 are extended to October
1, 2021.
Dated at Rockville, Maryland, this 22 day of January 2021.
For the Nuclear Regulatory Commission.
/RA/
Robert M. Taylor,
Deputy Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-01754 Filed 1-26-21; 8:45 am]
BILLING CODE 7590-01-P
