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MONTHYEAR1CAN081202, Request for Extension of Enforcement Discretion2012-08-23023 August 2012 Request for Extension of Enforcement Discretion Project stage: Request ML12310A4622012-11-0505 November 2012 E-mail, Request for Additional Information, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 Project stage: RAI 1CAN111204, Response to Request for Additional Information Request for Extension of Enforcement Discretion2012-11-15015 November 2012 Response to Request for Additional Information Request for Extension of Enforcement Discretion Project stage: Response to RAI 1CAN121202, Response to Request for Additional Information, Request for Extension of Enforcement Discretion2012-12-13013 December 2012 Response to Request for Additional Information, Request for Extension of Enforcement Discretion Project stage: Response to RAI 1CAN121204, Response to Request for Additional Information, Request for Extension of Enforcement Discretion2012-12-18018 December 2012 Response to Request for Additional Information, Request for Extension of Enforcement Discretion Project stage: Response to RAI ML13009A2922013-01-24024 January 2013 Safety Evaluation Related to Request for Extension of Enforcement Discretion for Fire Protection Project stage: Approval ML12270A0882013-03-20020 March 2013 Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 Project stage: Other ML12270A0802013-03-20020 March 2013 Issuance of Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 Project stage: Approval NRC-2013-0055, Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 8052013-03-20020 March 2013 Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 Project stage: Other 2012-12-18
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Category:Confirmatory Order
MONTHYEARIR 05000368/20200102020-03-26026 March 2020 Units 1 and 2; River Bend Station; and Waterford Unit 3 - NRC Confirmatory Order (EA-17-132 and EA-17-153) Follow-up Inspection Report 05000416/2020011,05000313,0500368/2020010,5000458/2020010,05000382/2020011 CNRO-2018-00051, Grand Gulf Nuclear Station, Palisades Nuclear Plant, River Bend Station, Pilgrim Nuclear Station and Waterford 3 - Entergy Response to Confirmatory Order EA-17-132/EA-17-153, Element K2018-12-28028 December 2018 Grand Gulf Nuclear Station, Palisades Nuclear Plant, River Bend Station, Pilgrim Nuclear Station and Waterford 3 - Entergy Response to Confirmatory Order EA-17-132/EA-17-153, Element K ML12270A0882013-03-20020 March 2013 Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 ML12270A0802013-03-20020 March 2013 Issuance of Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 NRC-2013-0055, Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 8052013-03-20020 March 2013 Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 IR 05000333/20110092012-01-26026 January 2012 EA-10-090, EA10-248, EA-11-106 Fitzpatrick/Entergy - Confirmatory Order (Effective Immediately) and Notice of Violation, Investigation Report Nos. 1-2009-041, 1-2010-019 and 1-2010-031, Inspection Repot No. 05000333-11-009 ML11224A2552011-08-24024 August 2011 Confirmatory Order Modifying Licenses (Effective Immediately) 2020-03-26
[Table view] Category:Federal Register Notice
MONTHYEARML22291A2392022-10-28028 October 2022 Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed Nshcd, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to SUNSI (EPID L-2021-LLA-0181) Letter ML22291A2402022-10-28028 October 2022 Notice of Consideration of Issuance of Amendment to Renewed Facility Operating License, Proposed Nshcd, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to SUNSI (EPID L-2021-LLA-0181) (FRN) ML20304A2862020-11-20020 November 2020 Federal Register Notice for COVID-19 October 2020 Group Exemptions ML20035C4082020-02-18018 February 2020 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 02/25/2020 ML19249B6172019-09-16016 September 2019 FRN Individual Notice of Consideration of Issuance of Amendments Change in Implementation Date for Emergency Action Level Scheme Amendment Nos. 263 and 314 ML19238A3692019-09-0303 September 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 09/10/2019 ML19168A0842019-06-26026 June 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 07/02/2019 ML19140A4562019-05-28028 May 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 06/04/2019 ML19085A2172019-03-29029 March 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 04/09/2019 NRC-2019-0065, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/20192019-02-28028 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/2019 ML19056A5352019-02-28028 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 03/12/2019 ML19042A3062019-02-15015 February 2019 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 2/26/2019 ML18173A1792018-08-0707 August 2018 OEDO-17-00070 - Notice of Issuance of Director'S Decision, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Japan C NRC-2018-0140, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/20182018-07-0505 July 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/2018 ML18180A2182018-07-0505 July 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: 7/17/2018 NRC-2018-0096, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 20182018-05-14014 May 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 2018 ML18127B7232018-05-14014 May 2018 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 22, 2018 ML17340B1802017-12-26026 December 2017 Arkansas Units 1 & 2, Grand Gulf Unit 1, River Bend Unit 1, and Waterford Unit 3 - FRN - Consideration of Approval of Direct and Indirect Transfer of Licenses and Conforming Amendments (CAC Nos. MG0258-MG0262; EPID L-2017-LLM-0010) NRC-2017-0239, Arkansas Units 1 & 2, Grand Gulf Unit 1, River Bend Unit 1, and Waterford Unit 3 - FRN - Consideration of Approval of Direct and Indirect Transfer of Licenses and Conforming Amendments (CAC Nos. MG0258-MG0262; EPID L-2017-LLM-0010)2017-12-26026 December 2017 Arkansas Units 1 & 2, Grand Gulf Unit 1, River Bend Unit 1, and Waterford Unit 3 - FRN - Consideration of Approval of Direct and Indirect Transfer of Licenses and Conforming Amendments (CAC Nos. MG0258-MG0262; EPID L-2017-LLM-0010) ML17340B2582017-12-21021 December 2017 Arkansas 1 & 2, Grand Gulf Unit 1, River Bend Unit 1, and Waterford Unit 3 - Letter - Consideration of Approval of Direct and Indirect Transfer of Licenses and Conforming Amendments (CACs MG0258, MG0259, MG0260, MG0261, MG0262; EPID L-2017- ML17200A0652017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement FRN, Paul Gunter, Beyond Nuclear, 2.206 Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and ML17198A3292017-08-30030 August 2017 OEDO-17-00070 - Acknowledgement Letter, Paul Gunter, Beyond Nuclear, Petition for Emergency Enforcement Action Per 10 CFR 2.206 at Listed U.S. Reactors with Forged Components and Parts Manufactured at France'S AREVA-Le Creusot Forge and Jap ML16145A2252016-06-0707 June 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 2016 NRC-2016-0107, Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 20162016-06-0707 June 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: June 7, 2016 ML16061A3012016-03-0202 March 2016 Biweekly Federal Register Notice - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: March 15, 2016 ML15120A2272015-05-0101 May 2015 Biweekly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: May 12, 2015 ML15056A3672015-03-16016 March 2015 Letter, Exemption from Certain 10 CFR 50.61 and 10 CFR 50, Appendix G Requirements to Allow Use of Alternate Method to Determine Initial Nil Ductility Reference Temperature for Linde 80 Welds ML15056A3682015-03-16016 March 2015 FRN, Exemption from Certain 10 CFR 50.61 and 10 CFR 50, Appendix G Requirements to Allow Use of Alternate Method to Determine Initial Nil Ductility Reference Temperature for Linde 80 Welds ML15022A6532015-01-26026 January 2015 Biweekly Sholly FRN - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations - Publication Date: February 3, 2015 ML14346A2102015-01-13013 January 2015 Letter, Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactors NRC-2015-0008, Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor2015-01-12012 January 2015 Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor ML14346A2402015-01-12012 January 2015 Exemption from 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water Cooled Power Reactor ML14351A2612014-12-19019 December 2014 Federal Register - Notice of Issuance of Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at Arkansas Nuclear One ISFSI NRC-2014-0270, Federal Register - Notice of Issuance of Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at Arkansas Nuclear One ISFSI2014-12-19019 December 2014 Federal Register - Notice of Issuance of Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at Arkansas Nuclear One ISFSI ML14353A4652014-12-19019 December 2014 Encl (Copy of Exemption) to Ltr s L Pyle, Arkansas Nuclear One, Request for Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at ANO ISFSI (72-1014, 72-13) TAC L24954 ML14346A6502014-12-11011 December 2014 Encl (Ea/Fonsi) to Ltr s L Pyle, Arkansas Nuclear One, EA and Fonsi for Exemption from Holtec Intl CoC No. 1014 Fuel Specification and Loading Conditions at ANO ISFSI (72-1014, 72-13) TAC L24954 ML14177A6452014-06-27027 June 2014 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations ML14126A4382014-05-20020 May 2014 Facility Operating and Combined Licenses: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing SUNSI and Order Imposing Procedures for Acces ML14119A2562014-04-30030 April 2014 Letter + FRN, Withdrawal of License Amendment Request to Revise Technical Specifications Related to Revised Fuel Assembly Drop Analysis and Adoption of TSTF-51, TSTF-272, TSTF-286, and TSTF-471 ML14119A2532014-04-30030 April 2014 FRN, Withdrawal of License Amendment Request to Revise Technical Specifications Related to Revised Fuel Assembly Drop Analysis and Adoption of TSTF-51, TSTF-272, TSTF-286, and TSTF-471 NRC-2014-0106, FRN, Withdrawal of License Amendment Request to Revise Technical Specifications Related to Revised Fuel Assembly Drop Analysis and Adoption of TSTF-51, TSTF-272, TSTF-286, and TSTF-4712014-04-30030 April 2014 FRN, Withdrawal of License Amendment Request to Revise Technical Specifications Related to Revised Fuel Assembly Drop Analysis and Adoption of TSTF-51, TSTF-272, TSTF-286, and TSTF-471 ML13225A5572013-08-12012 August 2013 Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit NRC-2012-0320, Order Approving Transfer of Renewed Facility Operating Nos. DPR-51 and NPF-6, Conforming Amendments and Indirect Transfers (TAC Nos. ME9710 and ME9711)2013-05-0303 May 2013 Order Approving Transfer of Renewed Facility Operating Nos. DPR-51 and NPF-6, Conforming Amendments and Indirect Transfers (TAC Nos. ME9710 and ME9711) ML13077A2212013-05-0303 May 2013 Order Approving Transfer of Renewed Facility Operating Nos. DPR-51 and NPF-6, Conforming Amendments and Indirect Transfers ML12270A0882013-03-20020 March 2013 Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 NRC-2013-0055, Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 8052013-03-20020 March 2013 Confirmatory Order, Request for Extension of Enforcement Discretion Submittal of License Amendment Request to Transition to National Fire Protection Association (NFPA) 805 ML13025A3212013-03-14014 March 2013 ANO 1 & 2, Big Rock, FitzPatrick, GGNS, Indian Point 1, 2 & 3, Palisades, Pilgrim, RBS, Vermont Yankee, and Waterford - Correction FRN, Biweekly Notice of Issuance of Amendments Published on 1/22/13, Revise QA Program Manual and Staff Quali ML12325A4182012-12-21021 December 2012 Letter, Notice of Consideration of Approval of Indirect and Direct Transfer for Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing ML12325A4312012-12-21021 December 2012 FRN, Notice of Consideration of Approval of Indirect and Direct Transfer for Facility Operating Licenses and Conforming Amendments, and Opportunity for a Hearing ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status 2022-10-28
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0055]
In the Matter of )
) Docket No. 50-313 Entergy Operations, Inc. ) License No. DPR-51 (Arkansas Nuclear One, Unit 1) ) EA-13-031 Confirmatory Order Modifying License I
Entergy Operations, Inc. (Entergy, licensee), is the holder of Renewed Facility Operating License No. DPR-51 issued by the U.S. Nuclear Regulatory Commission (NRC) pursuant to part 50 of Title 10 of the Code of Federal Regulations (10 CFR), Domestic Licensing of Production and Utilization, on June 20, 2001. The license authorizes the operation of the Arkansas Nuclear One, Unit 1 (ANO-1, facility), in accordance with conditions specified therein. The facility is located on the licensee's site in Pope County, Arkansas.
II On November 2, 2005, Entergy notified the NRC of its intent to transition the facility to the National Fire Protection Association (NFPA) Standard 805 fire protection program in accordance with 10 CFR 50.48(c). Under this initiative, the NRC has exercised enforcement discretion for most fire protection noncompliances that are identified during the licensee's transition to NFPA 805, and for certain existing identified noncompliances that reasonably may be resolved at the completion of transition. NFPA 805 was adopted in 10 CFR 50.48(c) as an
alternative fire protection rule, which is one path to resolving longstanding fire protection issues.
To receive enforcement discretion for these noncompliances, the licensee must meet the specific criteria as stated in Section 9.1, Enforcement Discretion for Certain Fire Protection Issues (10 CFR 50.48), of the NRC Enforcement Policy, dated June 7, 2012, and submit an acceptable license amendment application by the date specified in the licensees commitment letter. In a letter dated June 28, 2011, Entergy committed to submit its license amendment application by August 31, 2012.
III In a letter dated August 23, 2012, as supplemented by letters dated November 15, December 13, and December 18, 2012 (collectively, extension request), Entergy described its progress for transitioning ANO-1 to NFPA 805. Entergy also notified the NRC that the development of a high-quality application will require more time than originally anticipated and that it will be unable to meet its previously committed submittal date of August 31, 2012.
In the extension request, Entergy reiterated its commitment to transition the facility to NFPA 805, and notified the NRC that Entergy will submit its license amendment request (LAR) no later than January 31, 2014. The newly proposed submittal date is beyond the previous committed submittal date and, thus, exceeds Entergys enforcement discretion (i.e., until August 31, 2012) that was granted to Entergy for certain fire protection noncompliances.
However, if provided with adequate justification, the NRC may revise the submittal date through the use of an Order that would continue the enforcement discretion provided in Section 9.1 of the Enforcement Policy.
Based on the licensee maintaining acceptable compensatory measures and the NRCs review of the licensees transition status, planned key activities to complete its NFPA 805 LAR, and planned fire risk reduction modifications, the NRC staff concluded that the licensee provided adequate justification for revising the LAR submittal date. The NRC documented its conclusions in its safety evaluation dated January 24, 2013 (ML13009A292). Therefore, the NRC has determined that the date for submitting an acceptable NFPA 805 LAR should be extended. This Order is being issued to revise the original ANO-1 LAR submittal date of August 31, 2012, until January 31, 2014. The new submittal date supports Entergys continued progress in activities related to the transition to NFPA 805 as described in the letter dated August 23, 2012.
Entergy may, at any time, cease its transition to NFPA 805 and comply with ANO-1s existing licensing basis and the regulations set forth in 10 CFR 50.48. As indicated in the Enforcement Policy, if Entergy decides not to complete the transition to 10 CFR 50.48(c), it must submit a letter stating its intent to retain its existing licensing basis and withdrawing its letter of intent to comply with 10 CFR 50.48(c). If Entergy fails to meet the new LAR submittal date and fails to comply with its existing licensing basis, the NRC will take appropriate enforcement action consistent with the NRCs Enforcement Policy.
On March 12, 2013, Entergy consented to issuing this Order, as described in Section V below. Entergy further agreed that this Order will be effective upon issuance and that it has waived its rights to a hearing.
IV Based on the licensee maintaining acceptable compensatory measures, and a review of the licensees status and planned key activities, including the intended NFPA 805 modifications,
the NRC has determined that the licensee has provided adequate justification for its commitment given in Section V, and, thus, for the extension of enforcement discretion.
Because the licensee will continue to perform facility modifications, with associated procedure updates, to reduce current fire risk in parallel with the development of its NFPA 805 LAR, the staff finds this acceptable to ensure public health and safety. Based on the above and Entergys consent, this Order is effective upon issuance.
V Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions regulations in 10 CFR 2.202, Orders, IT IS HEREBY ORDERED, THAT LICENSE NO. DPR-51 IS MODIFIED AS FOLLOWS:
A. Entergy will submit an acceptable license amendment request for Arkansas Nuclear One, Unit 1 to adopt NFPA Standard 805 by no later than January 31, 2014.
B. Entergy will continue to receive enforcement discretion until January 31, 2014. If the NRC finds that the LAR is not acceptable, the NRC will take steps consistent with the Enforcement Policy.
The Director of the Office of Enforcement, in consultation with the Director of the Office of Nuclear Reactor Regulation, may, in writing, relax or rescind any of the above conditions upon demonstration by the licensee of good cause.
VI In accordance with 10 CFR 2.202, the licensee, under oath or affirmation, must submit a written answer to this Order within 30 days from the date of this Order. Additionally, any person adversely affected by this Order may submit a written answer and/or request a hearing on this Order within 30 days from the date of this Order. Where good cause is shown, consideration will be given to extending the time to answer or request a hearing. A request for extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and include a statement of good cause for the extension.
If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained.
All documents filed in the NRC adjudicatory proceedings, including a request for a hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRCs E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital certificate). Based on 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 NRCs public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing the E-Submittal server are detailed in the NRCs Guidance for Electronic Submission, which is available on the NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRCs E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRCs online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRCs Web site.
Further information on the Web-based submission form, including the installation of the Web
browser plug-in, is available on the NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for a hearing or petition for leave to intervene.
Submissions should be in Portable Document Format (PDF) in accordance with the NRC guidance available on the NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRCs 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 e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRCs 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 a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.
A person filing electronically using the NRCs adjudicatory E-Filing system may seek assistance by contracting the NRC Meta System Help Desk thorough the Contact Us link located on the NRCs public Web site at http://www.nrc/gov/site-help/e-submittals.html, by e-mail to MSHD.Resource@nrc.gov, or by a toll free call to 1- 866-672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not submitting documents electronically must file an extension request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format.
Such filings must be submitted by: (1) first-class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party using 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 NRCs electronic hearing docket, which is available to the public at http://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. 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 submissions.
If a person other than the licensee requests a hearing, that person shall set forth with
particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f).
In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section V above shall be final 30 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received.
For the Nuclear Regulatory Commission, Dated at Rockville, Maryland this 20th day of March 2013.
/RA/
Roy P. Zimmerman, Director, Office of Enforcement.