Duke Energy Carolinas, LLC; Duke Energy; Oconee Nuclear Station, Units 1, 2, and 3, 40662-40665 [2021-16011]
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40662
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
SUPPLEMENTARY INFORMATION
section of
this document.
FOR FURTHER INFORMATION CONTACT:
Casper Sun, Office of Nuclear Reactor
Regulation, telephone: 301–415–1646,
email: Casper.Sun@nrc.gov; Michael
Eudy, Office of Nuclear Regulatory
Research, telephone: 301–415–3104,
email: Michael.Eudy@nrc.gov; or Kyle
Song, Office of Nuclear Regulatory
Research, telephone: 301–415–3637,
email: Kyle.Song@nrc.gov. All are staff
of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2021–
0141, facility name, unit number(s),
docket number(s), application date, and
subject, if applicable, 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–2021–0141.
• 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 ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
• 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. (ET),
Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2021–0141 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
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you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment 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 into ADAMS.
II. Additional Information
The NRC is issuing for public
comment a DG in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe methods that are
acceptable to the NRC staff for
implementing specific parts of the
agency’s regulations, to explain
techniques that the staff uses in
evaluating specific issues or postulated
events, and to describe information that
the staff needs in its review of
applications for permits and licenses.
The DG entitled, ‘‘Evaluating the
Habitability of a Nuclear Power Plant
Control Room during a Postulated
Hazardous Chemical Release,’’ is
temporarily identified by its task
number, DG–1387 (ADAMS Accession
No. ML21119A157). The proposed
revision of this guide (Revision 2)
presents up-to-date and defense-indepth guidance using the latest
scientific methods and the updated,
NRC-endorsed computer code for
control room habitability evaluation
called HABIT. HABIT is an integrated
set of computer codes that the NRC uses
to evaluate control room habitability
and estimate the control room
personnel’s exposure to a chemical
release. DG–1387 describes an approach
that is acceptable to the NRC staff to
meet the requirements of part 50 of title
10 of the Code of Federal Regulations
(10 CFR), ‘‘Domestic licensing of
production and utilization facilities,’’
appendix A, ‘‘General Design Criteria
for Nuclear Power Plants,’’ General
Design Criterion 19, ‘‘Control Room,’’
for evaluating the habitability of a
nuclear power plant control room
during a postulated hazardous chemical
release.
Revision 1 of RG 1.78 endorsed an
earlier version of the HABIT code,
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which is described in NUREG/CR–6210,
Supplement 1, ‘‘Computer Codes for
Evaluation of Control Room Habitability
(HABIT V1.1),’’ issued October 1998
(ADAMS Accession No. ML063480558).
More recently, the NRC staff endorsed a
newer version of the HABIT code in
NUREG–2244, ‘‘HABIT 2.2: Description
of Models and Methods,’’ issued May
2021 (ADAMS Accession No.
ML21120A069). NUREG–2244 is
incorporated into Revision 2 of this
proposed guide.
The staff is also issuing for public
comment a draft regulatory analysis
(ADAMS Accession No. ML21119A159).
The staff developed the regulatory
analysis to assess the value of revising
RG 1.78 as well as alternative courses of
action.
III. Backfitting, Forward Fitting, and
Issue Finality
Issuance of DG–1387, if finalized,
would not constitute backfitting as
defined in 10 CFR 50.109, ‘‘Backfitting,’’
and as described in NRC Management
Directive (MD) 8.4, ‘‘Management of
Backfitting, Forward Fitting, Issue
Finality, and Information Requests’’;
would not constitute forward fitting as
that term is defined and described in
MD 8.4; or affect the issue finality of any
approval issued under 10 CFR part 52,
‘‘Licenses, certifications, and approvals
for nuclear power reactors.’’ As
explained in DG–1387, applicants and
licensees would not be required to
comply with the positions set forth in
DG–1387.
Dated: July 23, 2021.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2021–16096 Filed 7–27–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–269, 50–270, and 50–287;
NRC–2021–0127]
Duke Energy Carolinas, LLC; Duke
Energy; Oconee Nuclear Station, Units
1, 2, and 3
Nuclear Regulatory
Commission.
ACTION: Subsequent license renewal
application; opportunity to request a
hearing and to petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the subsequent license
SUMMARY:
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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
renewal of Renewed Facility Operating
License Nos. DPR–38, DPR–47, and
DPR–55, which authorize Duke Energy
Carolinas, LLC (Duke Energy or the
applicant) to operate Oconee Nuclear
Station (ONS), Units 1, 2, and 3. The
renewed licenses would authorize the
applicant to operate ONS for an
additional 20 years beyond the period
specified in each of the current renewed
licenses. The current renewed operating
licenses for ONS expire as follows: Unit
1 on February 6, 2033, Unit 2 on
October 6, 2033, and Unit 3 on July 19,
2034.
DATES: A request for a hearing or
petition for leave to intervene must be
filed by September 27, 2021.
ADDRESSES: Please refer to Docket ID
NRC–2021–0127 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–2021–0127. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–287–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘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.
• 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. (ET),
Monday through Friday, except Federal
holidays.
• Public Library: A copy of the
subsequent license renewal application
for ONS can be accessed at the
following public library: Seneca Library,
300 E South 2nd St., Seneca, SC 29678.
FOR FURTHER INFORMATION CONTACT:
Angela Wu, Office of Nuclear Reactor
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Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2995; email:
Angela.Wu@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received an application
(ADAMS Package Accession No.
ML21158A193) from Duke Energy,
dated June 7, 2021, filed pursuant to
Section 103 of the Atomic Energy Act of
1954, as amended (the Act), and part 54
of title 10 of the Code of Federal
Regulations (10 CFR), to renew the
operating licenses for ONS at 2,568
megawatts thermal each. The ONS units
are pressurized-water reactors designed
by Babcock and Wilcox and are located
in Seneca, South Carolina. A notice of
receipt of the subsequent license
renewal application (SLRA) was
published in the Federal Register on
June 25, 2021 (86 FR 33784).
The NRC staff has determined that
Duke Energy has submitted sufficient
information in accordance with 10 CFR
54.19, 54.21, 54.22, 54.23, 51.45, and
51.53(c), to enable the staff to undertake
a review of the application, and that the
application is, therefore, acceptable for
docketing. The current Docket Nos. 50–
269, 50–270 and 50–287 for Renewed
Facility Operating License Nos. DPR–38,
DPR–47, and DPR–55, respectively, will
be retained. The determination to accept
the SLRA for docketing does not
constitute a determination that a
subsequent renewed license should be
issued and does not preclude the NRC
staff from requesting additional
information as the review proceeds.
Before issuance of the requested
subsequent renewed licenses, the NRC
will have made the findings required by
the Act and the Commission’s rules and
regulations. In accordance with 10 CFR
54.29, the NRC may issue a subsequent
renewed license on the basis of its
review if it finds that actions have been
identified and have been or will be
taken with respect to: (1) Managing the
effects of aging during the period of
extended operation on the functionality
of structures and components that have
been identified as requiring aging
management review; and (2) timelimited aging analyses that have been
identified as requiring review, such that
there is reasonable assurance that the
activities authorized by the renewed
licenses will continue to be conducted
in accordance with the current licensing
basis and that any changes made to the
plant’s current licensing basis will
comply with the Act and the
Commission’s regulations.
Additionally, in accordance with 10
CFR 51.95(c), the NRC will prepare an
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40663
environmental impact statement as a
supplement to the Commission’s
NUREG–1437, ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Power Plants,’’ dated June
2013 (ADAMS Accession No.
ML13106A241). In considering the
SLRA, the Commission must find that
the applicable requirements of subpart
A of 10 CFR part 51 have been satisfied,
and that any matters raised under 10
CFR 2.335 have been addressed.
Pursuant to 10 CFR 51.26, and as part
of the environmental scoping process,
the staff intends to hold public scoping
meetings. Detailed information
regarding the environmental scoping
meetings will be the subject of a
separate Federal Register notice.
II. Opportunity To Request a Hearing
and Petition for Leave To Intervene
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. 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/. If a petition is filed, the
Commission or a presiding officer will
rule on the petition and, if appropriate,
a notice of hearing will be issued.
As required by 10 CFR 2.309, a
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 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.
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
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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
rely in proving the contention at the
hearing. The petitioner must also
provide references to the specific
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.
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 Submission (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).
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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, 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 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.
III. Electronic Submissions (E-Filing)
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’s 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 following
procedures.
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, that 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 request or other
adjudicatory document (even in
instances in which the participant, or its
counsel or representative, already holds
an NRC-issued digital ID certificate).
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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. ET 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.
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., ET, 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
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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 a request for exemption 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 previously described, 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.
Detailed information about the
subsequent license renewal process can
be found under the Nuclear Reactors
icon at https://www.nrc.gov/reactors/
operating/licensing/renewal.html on the
NRC’s website. Copies of the application
to renew the operating licenses for ONS
are available for public inspection at the
NRC’s PDR, and at https://www.nrc.gov/
reactors/operating/licensing/renewal/
subsequent-license-renewal.html, the
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NRC’s website while the application is
under review. The application may be
accessed in ADAMS through the NRC
Library on the internet at https://
www.nrc.gov/reading-rm/adams.html
under ADAMS Package Accession No.
ML21158A193. As previously stated,
persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS may contact the NRC’s PDR
reference staff by telephone at 1–800–
397–4209 or 301–415–4737, or by email
to pdr.resources@nrc.gov.
Dated: July 22, 2021.
For the Nuclear Regulatory Commission.
Lauren K. Gibson,
Chief, License Renewal Project Branch,
Division of New and Renewed Licenses, Office
of Nuclear Reactor Regulation.
[FR Doc. 2021–16011 Filed 7–27–21; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–92468; File No. SR–ICC–
2021–016]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Proposed
Rule Change Relating to the ICC
Exercise Procedures
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934, (the
‘‘Act’’),1 and Rule 19b-4 thereunder,2
notice is hereby given that on July 8,
2021, ICE Clear Credit LLC (‘‘ICC’’) filed
with the Securities and Exchange
Commission the proposed rule change
as described in Items I, II, and III below,
which Items have been prepared
primarily by ICC. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the
proposed rule change is to revise the
Exercise Procedures in connection with
the clearing of credit default index
swaptions (‘‘Index Swaptions’’).
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, ICC
included statements concerning the
purpose of and basis for the proposed
rule change, security-based swap
submission, or advance notice and
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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40665
discussed any comments it received on
the proposed rule change, securitybased swap submission, or advance
notice. The text of these statements may
be examined at the places specified in
Item IV below. ICC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
(a) Purpose
ICC proposes revising the Exercise
Procedures in connection with the
clearing of Index Swaptions. The
Exercise Procedures supplement the
provisions of Subchapter 26R of the ICC
Clearing Rules (the ‘‘Rules’’) with
respect to Index Swaptions 3 and
provide further detail as to the manner
in which Index Swaptions may be
exercised by Swaption Buyers, the
manner in which ICC will assign such
exercises to Swaption Sellers, and
certain actions that ICC may take in the
event of technical issues. ICC proposes
to make the changes effective following
Commission approval of the proposed
rule change. The proposed revisions are
described in detail as follows.
ICC proposes changes related to
certain fallback measures included in
the Exercise Procedures. ICC proposes
to amend Paragraph 2.6, which includes
procedures to address a failure of the
electronic system established by ICC for
exercise (‘‘Exercise System Failure’’). In
such case, Paragraph 2.6 currently
provides ICC with the following
options: (i) Cancel and reschedule the
Exercise Period (i.e., the period on the
expiration date of an Index Swaption
during which the Swaption Buyer may
deliver an exercise notice to ICC to
exercise all or part of such Index
Swaption); (ii) determine that automatic
exercise will apply; and/or (iii) take
such other action as ICC determines to
be appropriate to permit exercising
parties to submit exercise notices and to
permit ICC to assign such notices. The
proposed changes remove the ability to
cancel and reschedule the Exercise
Period and renumber the following
options accordingly.
3 Pursuant to an Index Swaption, one party (the
‘‘Swaption Buyer’’) has the right (but not the
obligation) to cause the other party (the ‘‘Swaption
Seller’’) to enter into an index credit default swap
transaction at a pre-determined strike price on a
specified expiration date on specified terms. In the
case of Index Swaptions cleared by ICC, the
underlying index credit default swap is limited to
certain CDX and iTraxx index credit default swaps
that are accepted for clearing by ICC, and which
would be automatically cleared by ICC upon
exercise of the Index Swaption by the Swaption
Buyer in accordance with its terms.
E:\FR\FM\28JYN1.SGM
28JYN1
Agencies
[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40662-40665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16011]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, and 50-287; NRC-2021-0127]
Duke Energy Carolinas, LLC; Duke Energy; Oconee Nuclear Station,
Units 1, 2, and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Subsequent license renewal application; opportunity to request
a hearing and to petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the subsequent license
[[Page 40663]]
renewal of Renewed Facility Operating License Nos. DPR-38, DPR-47, and
DPR-55, which authorize Duke Energy Carolinas, LLC (Duke Energy or the
applicant) to operate Oconee Nuclear Station (ONS), Units 1, 2, and 3.
The renewed licenses would authorize the applicant to operate ONS for
an additional 20 years beyond the period specified in each of the
current renewed licenses. The current renewed operating licenses for
ONS expire as follows: Unit 1 on February 6, 2033, Unit 2 on October 6,
2033, and Unit 3 on July 19, 2034.
DATES: A request for a hearing or petition for leave to intervene must
be filed by September 27, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0127 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-2021-0127. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-287-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``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 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.
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. (ET), Monday through
Friday, except Federal holidays.
Public Library: A copy of the subsequent license renewal
application for ONS can be accessed at the following public library:
Seneca Library, 300 E South 2nd St., Seneca, SC 29678.
FOR FURTHER INFORMATION CONTACT: Angela Wu, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-2995; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received an application (ADAMS Package Accession No.
ML21158A193) from Duke Energy, dated June 7, 2021, filed pursuant to
Section 103 of the Atomic Energy Act of 1954, as amended (the Act), and
part 54 of title 10 of the Code of Federal Regulations (10 CFR), to
renew the operating licenses for ONS at 2,568 megawatts thermal each.
The ONS units are pressurized-water reactors designed by Babcock and
Wilcox and are located in Seneca, South Carolina. A notice of receipt
of the subsequent license renewal application (SLRA) was published in
the Federal Register on June 25, 2021 (86 FR 33784).
The NRC staff has determined that Duke Energy has submitted
sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22,
54.23, 51.45, and 51.53(c), to enable the staff to undertake a review
of the application, and that the application is, therefore, acceptable
for docketing. The current Docket Nos. 50-269, 50-270 and 50-287 for
Renewed Facility Operating License Nos. DPR-38, DPR-47, and DPR-55,
respectively, will be retained. The determination to accept the SLRA
for docketing does not constitute a determination that a subsequent
renewed license should be issued and does not preclude the NRC staff
from requesting additional information as the review proceeds.
Before issuance of the requested subsequent renewed licenses, the
NRC will have made the findings required by the Act and the
Commission's rules and regulations. In accordance with 10 CFR 54.29,
the NRC may issue a subsequent renewed license on the basis of its
review if it finds that actions have been identified and have been or
will be taken with respect to: (1) Managing the effects of aging during
the period of extended operation on the functionality of structures and
components that have been identified as requiring aging management
review; and (2) time-limited aging analyses that have been identified
as requiring review, such that there is reasonable assurance that the
activities authorized by the renewed licenses will continue to be
conducted in accordance with the current licensing basis and that any
changes made to the plant's current licensing basis will comply with
the Act and the Commission's regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will
prepare an environmental impact statement as a supplement to the
Commission's NUREG-1437, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Power Plants,'' dated June 2013 (ADAMS
Accession No. ML13106A241). In considering the SLRA, the Commission
must find that the applicable requirements of subpart A of 10 CFR part
51 have been satisfied, and that any matters raised under 10 CFR 2.335
have been addressed. Pursuant to 10 CFR 51.26, and as part of the
environmental scoping process, the staff intends to hold public scoping
meetings. Detailed information regarding the environmental scoping
meetings will be the subject of a separate Federal Register notice.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
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. 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/. If a petition is filed,
the Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of hearing will be issued.
As required by 10 CFR 2.309, a 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 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.
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
[[Page 40664]]
rely in proving the contention at the hearing. The petitioner must also
provide references to the specific 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.
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 Submission (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, 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
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.
III. Electronic Submissions (E-Filing)
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's 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 following procedures.
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 request (1) a digital identification (ID)
certificate, that 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 request 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. ET 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.
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., ET, 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
[[Page 40665]]
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 a request
for exemption 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 previously described, 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.
Detailed information about the subsequent license renewal process
can be found under the Nuclear Reactors icon at https://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRC's website. Copies
of the application to renew the operating licenses for ONS are
available for public inspection at the NRC's PDR, and at https://www.nrc.gov/reactors/operating/licensing/renewal/subsequent-license-renewal.html, the NRC's website while the application is under review.
The application may be accessed in ADAMS through the NRC Library on the
internet at https://www.nrc.gov/reading-rm/adams.html under ADAMS
Package Accession No. ML21158A193. As previously stated, persons who do
not have access to ADAMS or who encounter problems in accessing the
documents located in ADAMS may contact the NRC's PDR reference staff by
telephone at 1-800-397-4209 or 301-415-4737, or by email to
[email protected].
Dated: July 22, 2021.
For the Nuclear Regulatory Commission.
Lauren K. Gibson,
Chief, License Renewal Project Branch, Division of New and Renewed
Licenses, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-16011 Filed 7-27-21; 8:45 am]
BILLING CODE 7590-01-P