Text

Memorandum from the Secretary Referring SUNSI Appeal
	ML16299A438
Person / Time
Site:	Susquehanna
Issue date:	10/25/2016
From:	Annette Vietti-Cook; NRC/SECY
To:	Hawkens E; Atomic Safety and Licensing Board Panel
	SECY RAS
References
	50-387-LT-2, 50-388-LT-2, 72-028-LT-2, License Transfer, RAS 51398
	Download: ML16299A438 (31)
	v • d • e

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 25, 2016 MEMORANDUM TO: E. Roy Hawkens Chief Administrative Judge Atomic Safety and Licensing Board Panel FROM: Annette L. Vietti-Cook /RA/

SUBJECT:

APPEAL FROM A DETERMINATION OF THE NRC STAFF TO DENY A REQUEST FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI)

FROM AN INDIVIDUAL WHO HAS INDICATED AN INTENT TO REQUEST A HEARING REGARDING SUSQUEHANNA NUCLEAR, LLCS APPLICATION FOR INDIRECT LICENSE TRANSFER (DOCKET NOS. 50-387, 50-388, AND 72-28)

An Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation dated September 28, 2016, was included as part of a Federal Register notice providing an opportunity to comment, request a hearing, and petition for leave to intervene on the application for an indirect license transfer for Susquehanna Nuclear, LLC. By E-Mail submission dated October 11, 2016, Mr. Sabatini Monatesti requested access to SUNSI material, which request was supplemented by another email from Mr. Monatesti dated October 17, 2016. By letter dated October 20, 2016, his request was denied by the NRC staff.

On October 23, 2016, Mr. Sabatini appealed the staffs determination by sending an E-mail directly to NRR Staff. His appeal was repeated and supplemented by two additional E-mails sent to all parties dated October 24, 2016.

The documents described above are enclosed for your consideration. In accordance with the procedures outlined in the order contained in the Federal Register Notice, 81 Fed. Reg. 68462 (October 4, 2016), the appeal is being referred to you.

Enclosures:

As stated cc: Commission Legal Assistants OCAA EDO OGC OCA OPA NRR Susquehanna-LT-2 E-filing Service List

68462 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices Members of the public desiring to NUCLEAR REGULATORY present oral statements can be obtained provide oral statements and/or written COMMISSION from the Web site cited above or by comments should notify the Designated contacting the identified DFO.

Federal Official (DFO), Kathy Weaver Advisory Committee on Reactor Moreover, in view of the possibility that (Telephone: 301-415-6236 or Email: Safeguards (ACRS); Meeting of the the schedule for ACRS meetings may be Kathy.Weaver@nrc.gov) five days prior ACRS Subcommittee on Fukushima; adjusted by the Chairman as necessary to the meeting, if possible, so that Notice of Meeting to facilitate the conduct of the meeting, appropriate arrangements can be made. persons planning to attend should check The ACRS Subcommittee on Thirty-five hard copies of each with these references if such Fukushima will hold a meeting on presentation or handout should be rescheduling would result in a major October 19, 2016, Room T-2B1, 11545 provided to the DFO thirty minutes inconvenience.

Rockville Pike, Rockville, Maryland before the meeting. In addition, one If attending this meeting, please enter 20852.

The meeting will be open to public through the One White Flint North electronic copy of each presentation attendance. building, 11555 Rockville Pike, should be emailed to the DFO one day The agenda for the subject meeting Rockville, Maryland 20852. After before the meeting. If an electronic copy registering with Security, please contact cannot be provided within this shall be as follows:

Mr. Theron Brown (Telephone: 240-timeframe, presenters should provide Wednesday, October 19, 20168:30 888-9835) to be escorted to the meeting the DFO with a CD containing each p.m. Until 12:00 p.m. room.

presentation at least thirty minutes The Subcommittee will discuss Dated: September 27, 2016.

before the meeting. Electronic guidance on mitigating strategies John Lai, recordings will be permitted only assessment for new seismic information Acting Chief, Technical Support Branch, during those portions of the meeting and the status of the mitigation of Advisory Committee on Reactor Safeguards.

that are open to the public. Detailed beyond-design-basis events rulemaking. [FR Doc. 2016-23953 Filed 10-3-16; 8:45 am]

procedures for the conduct of and The Subcommittee will hear BILLING CODE 7590-01-P participation in ACRS meetings were presentations by and hold discussions published in the Federal Register on with the NRC staff and other interested October 21, 2015 (80 FR 63846). persons regarding this matter. The NUCLEAR REGULATORY Detailed meeting agendas and meeting Subcommittee will gather information, COMMISSION transcripts are available on the NRC analyze relevant issues and facts, and formulate proposed positions and [Docket Nos. 50-387, 50-388, and 72-28; Web site at http://www.nrc.gov/reading- NRC-2016-0187]

rm/doc-collections/acrs. Information actions, as appropriate, for deliberation regarding topics to be discussed, by the Full Committee. Susquehanna Nuclear, LLC; changes to the agenda, whether the Members of the public desiring to Susquehanna Steam Electric Station, meeting has been canceled or provide oral statements and/or written Units 1 and 2; Consideration of Indirect rescheduled, and the time allotted to comments should notify the Designated License Transfer present oral statements can be obtained Federal Official (DFO), Mike Snodderly (Telephone: 301-415-2241 or Email: AGENCY: Nuclear Regulatory from the Web site cited above or by Mike.Snodderly@nrc.gov) five days prior Commission.

contacting the identified DFO.

to the meeting, if possible, so that ACTION: Application for indirect license Moreover, in view of the possibility that appropriate arrangements can be made.

the schedule for ACRS meetings may be transfer; notice of opportunity to Thirty-five hard copies of each comment, request a hearing, and adjusted by the Chairman as necessary presentation or handout should be to facilitate the conduct of the meeting, petition for leave to intervene; order provided to the DFO thirty minutes imposing procedures.

persons planning to attend should check before the meeting. In addition, one with these references if such electronic copy of each presentation

SUMMARY

The U.S. Nuclear Regulatory rescheduling would result in a major should be emailed to the DFO one day Commission (NRC) received and is inconvenience. before the meeting. If an electronic copy considering approval of an application If attending this meeting, please enter cannot be provided within this filed by Susquehanna Nuclear, LLC through the One White Flint North timeframe, presenters should provide (Susquehanna Nuclear), on June 29, building, 11555 Rockville Pike, the DFO with a CD containing each 2016. The application seeks NRC Rockville, Maryland 20852. After presentation at least thirty minutes approval of the indirect transfer of registering with Security, please contact before the meeting. Electronic Susquehanna Nuclears interests in Mr. Theron Brown (Telephone: 240- recordings will be permitted only Renewed Facility Operating License 888-9835) to be escorted to the meeting during those portions of the meeting Nos. NPF-14 and NPF-22 for that are open to the public. Detailed Susquehanna Steam Electric Station, room.

procedures for the conduct of and Units 1 and 2 (SSES), respectively, as Dated: September 27, 2016. participation in ACRS meetings were well as the general license for the SSES John Lai, published in the Federal Register on Independent Spent Fuel Storage Acting Chief, Technical Support Branch, October 21, 2015 (80 FR 63846). Installation (ISFSI), from the current Detailed meeting agendas and meeting parent holder, Talen Energy Corporation mstockstill on DSK3G9T082PROD with NOTICES Advisory Committee on Reactor Safeguards.

[FR Doc. 2016-23952 Filed 10-3-16; 8:45 am] transcripts are available on the NRC (Talen), to Riverstone Holdings, LLC BILLING CODE 7590-01-P Web site at http://www.nrc.gov/reading- (Riverstone). Because the application rm/doc-collections/acrs. Information contains sensitive unclassified non-regarding topics to be discussed, safeguards information (SUNSI) an changes to the agenda, whether the order imposes procedures to obtain meeting has been canceled or access to SUNSI for contention rescheduled, and the time allotted to preparation.

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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices 68463 DATES: Comments must be filed by

NRCs Agencywide Documents the indirect transfer of control results November 3, 2016. A request for a Access and Management System from a transaction in which Talen, hearing must be filed by October 24, (ADAMS): You may obtain publicly- Susquehanna Nuclears ultimate parent, 2016. Any potential party as defined in available documents online in the will become wholly owned by the

§ 2.4 of title 10 of the Code of Federal ADAMS Public Documents collection at portfolio companies of Riverstone. As a Regulations (10 CFR) who believes http://www.nrc.gov/reading-rm/ result, all of the common stock of Talen access to SUNSI is necessary to respond adams.html. To begin the search, select will become privately held by affiliates to this notice must request document ADAMS Public Documents and then of Riverstone, and Susquehanna Nuclear access by October 14, 2016. select Begin Web-based ADAMS will become indirectly controlled by ADDRESSES: You may submit comments Search. For problems with ADAMS, Riverstone as described in the by any of the following methods (unless please contact the NRCs Public application. Riverstone would acquire this document describes a different Document Room (PDR) reference staff at ownership of Susquehanna Nuclears 90 method for submitting comments on a 1-800-397-4209, 301-415-4737, or by percent interest in SSES. Susquehanna specific subject): email to pdr.resource@nrc.gov. A Nuclear will continue to operate the

Federal Rulemaking Web site: Go to publicly-available version of the facility and hold the licenses.

application is available in ADAMS No physical changes to SSES or http://www.regulations.gov and search under Package Accession No. operational changes are being proposed for Docket ID NRC-2016-0187. Address ML16181A414. in the application.

questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; e-

NRCs PDR: You may examine and The NRCs regulations at 10 CFR purchase copies of public documents at 50.80 state that no license for a mail: Carol.Gallagher@nrc.gov. For production or utilization facility, or any technical questions contact the the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville right thereunder, shall be transferred, individual listed in the FOR FURTHER directly or indirectly, through transfer of INFORMATION CONTACT section of this Pike, Rockville, Maryland 20852.

control of the license, unless the document. B. Submitting Comments Commission gives its consent in writing.

Email comments to: Please include Docket ID NRC-2016- The Commission will approve an Hearingdocket@nrc.gov. If you do not 0187 in your comment submission. application for the indirect transfer of a receive an automatic email reply The NRC cautions you not to include license if the Commission determines confirming receipt, then contact us at identifying or contact information that that the proposed transaction, described 301-415-1677. you do not want to be publicly above, will not affect the qualifications

Fax comments to: Secretary, U.S. disclosed in your comment submission. of the licensee to hold the license, and Nuclear Regulatory Commission at 301- The NRC will post all comment that the transfer is otherwise consistent 415-1101. submissions at http:// with applicable provisions of law,

Mail comments to: Secretary, U.S. www.regulations.gov as well as enter the regulations, and orders issued by the Nuclear Regulatory Commission, comment submissions into ADAMS. Commission.

Washington, DC 20555-0001, ATTN: The NRC does not routinely edit Rulemakings and Adjudications Staff. III. Opportunity To Comment comment submissions to remove

Hand deliver comments to: 11555 identifying or contact information. Within 30 days from the date of Rockville Pike, Rockville, Maryland If you are requesting or aggregating publication of this notice, persons may 20852, between 7:30 a.m. and 4:15 p.m. comments from other persons for submit written comments regarding the (Eastern Time) Federal workdays; submission to the NRC, then you should license transfer application, as provided telephone: 301-415-1677. inform those persons not to include for in 10 CFR 2.1305. The Commission For additional direction on obtaining identifying or contact information that will consider and, if appropriate, information and submitting comments, they do not want to be publicly respond to these comments, but such see Obtaining Information and disclosed in their comment submission. comments will not otherwise constitute Submitting Comments in the Your request should state that the NRC part of the decisional record. Comments SUPPLEMENTARY INFORMATION section of does not routinely edit comment should be submitted as described in the this document. submissions to remove such information ADDRESSES section of this document.

FOR FURTHER INFORMATION CONTACT: before making the comment IV. Opportunity To Request a Hearing Tanya E. Hood, Office of Nuclear submissions available to the public or and Petition for Leave To Intervene Reactor Regulation, U.S. Nuclear entering the comment submissions into Regulatory Commission, Washington, ADAMS. Within 20 days after the date of DC 20555-0001, telephone: 301-415- publication of this notice, any persons II. Introduction (petitioner) whose interest may be 1387; email: Tanya.Hood@nrc.gov.

The NRC is considering the issuance affected by this action may file a request SUPPLEMENTARY INFORMATION:

of an order under 10 CFR 50.80 for a hearing and a petition to intervene I. Obtaining Information and approving the indirect transfer of (petition) with respect to the action.

Submitting Comments control of Susquehanna Nuclears Petitions shall be filed in accordance interests in Renewed Facility Operating with the Commissions Agency Rules A. Obtaining Information of Practice and Procedure in 10 CFR License Nos. NPF-14 and NPF-22 for Please refer to Docket ID NRC-2016- SSES, as well as the general license for part 2. Interested persons should 0187 when contacting the NRC about the ISFSI from Talen to Riverstone. consult a current copy of 10 CFR 2.309, mstockstill on DSK3G9T082PROD with NOTICES the availability of information for this Riverstones portfolio companies which is available at the NRCs PDR, action. You may obtain publicly- currently hold 35 percent in the located at One White Flint North, Room available information related to this aggregate of the outstanding common O1-F21, 11555 Rockville Pike (first action by any of the following methods: stock of Talen. floor), Rockville, Maryland 20852. The

Federal Rulemaking Web site: Go to According to the application for NRCs regulations are accessible http://www.regulations.gov and search approval filed by Susquehanna Nuclear, electronically from the NRC Library on for Docket ID NRC-2016-0187. acting on behalf of itself and Riverstone, the NRCs Web site at http://

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68464 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices www.nrc.gov/reading-rm/doc- hearing with respect to resolution of to the submission of a request for collections/cfr/. If a petition is filed that persons admitted contentions hearing or petition to intervene within 20 days, the Commission or a consistent with the NRCs regulations, (hereinafter petition), and documents presiding officer designated by the policies, and procedures. filed by interested governmental entities Commission or by the Chief Petitions for leave to intervene must participating under 10 CFR 2.315(c),

Administrative Judge of the Atomic be filed no later than 20 days from the must be filed in accordance with the Safety and Licensing Board Panel, will date of publication of this notice. NRCs E-Filing rule (72 FR 49139; rule on the petition; and the Secretary Requests for hearing, petitions for leave August 28, 2007, as amended at 77 FR or the Chief Administrative Judge of the to intervene, and motions for leave to 46562, August 3, 2012). The E-Filing Atomic Safety and Licensing Board will file new or amended contentions that process requires participants to submit issue a notice of a hearing or an are filed after the 20-day deadline will and serve all adjudicatory documents appropriate order. not be entertained absent a over the internet, or in some cases to As required by 10 CFR 2.309, a determination by the presiding officer mail copies on electronic storage media.

petition shall set forth with particularity that the filing demonstrates good cause Participants may not submit paper the interest of the petitioner in the by satisfying the three factors in 10 CFR copies of their filings unless they seek proceeding, and how that interest may 2.309(c)(1)(i)-(iii). an exemption in accordance with the be affected by the results of the A State, local governmental body, procedures described below.

proceeding. The petition should Federally-recognized Indian Tribe, or To comply with the procedural specifically explain the reasons why agency thereof, may submit a petition to requirements of E-Filing, at least 10 intervention should be permitted with the Commission to participate as a party days prior to the filing deadline, the particular reference to the following under 10 CFR 2.309(h)(1). participant should contact the Office of general requirements: (1) The name, The petition should state the nature the Secretary by email at address, and telephone number of the and extent of the petitioners interest in hearing.docket@nrc.gov, or by telephone petitioner; (2) the nature of the the proceeding. The petition should be at 301-415-1677, to request (1) a digital petitioners right under the Act to be submitted to the Commission by identification (ID) certificate, which made a party to the proceeding; (3) the October 24, 2016. The petition must be allows the participant (or its counsel or nature and extent of the petitioners filed in accordance with the filing representative) to digitally sign property, financial, or other interest in instructions in the Electronic documents and access the E-Submittal the proceeding; and (4) the possible Submissions (E-Filing) section of this server for any proceeding in which it is effect of any decision or order which document, and should meet the participating; and (2) advise the may be entered in the proceeding on the requirements for petitions set forth in Secretary that the participant will be petitioners interest. The petition must this section, except that under 10 CFR submitting a petition (even in instances also set forth the specific contentions 2.309(h)(2) a State, local governmental in which the participant, or its counsel which the petitioner seeks to have body, or Federally-recognized Indian or representative, already holds an NRC-litigated at the proceeding. Tribe, or agency thereof does not need issued digital ID certificate). Based upon Each contention must consist of a to address the standing requirements in this information, the Secretary will specific statement of the issue of law or 10 CFR 2.309(d) if the facility is located establish an electronic docket for the fact to be raised or controverted. In within its boundaries. A State, local hearing in this proceeding if the addition, the petitioner shall provide a governmental body, Federally- Secretary has not already established an brief explanation of the bases for the recognized Indian Tribe, or agency electronic docket.

contention and a concise statement of thereof may also have the opportunity to Information about applying for a the alleged facts or expert opinion participate under 10 CFR 2.315(c). digital ID certificate is available on the which support the contention and on If a hearing is granted, any person NRCs public Web site at http://

which the petitioner intends to rely in who does not wish, or is not qualified, www.nrc.gov/site-help/e-submittals/

proving the contention at the hearing. to become a party to the proceeding getting-started.html. System The petitioner must also provide may, in the discretion of the presiding requirements for accessing the E-references to those specific sources and officer, be permitted to make a limited Submittal server are available on the documents of which the petitioner is appearance pursuant to the provisions NRCs public Web site at http://

aware and on which the petitioner of 10 CFR 2.315(a). A person making a www.nrc.gov/site-help/e-submittals/

intends to rely to establish those facts or limited appearance may make an oral or adjudicatory-sub.html. Participants may expert opinion to support its position on written statement of position on the attempt to use other software not listed the issue. The petition must include issues, but may not otherwise on the Web site, but should note that the sufficient information to show that a participate in the proceeding. A limited NRCs E-Filing system does not support genuine dispute exists with the appearance may be made at any session unlisted software, and the NRC applicant on a material issue of law or of the hearing or at any prehearing Electronic Filing Help Desk will not be fact. Contentions shall be limited to conference, subject to the limits and able to offer assistance in using unlisted matters within the scope of the conditions as may be imposed by the software.

proceeding. The contention must be one presiding officer. Details regarding the Once a participant has obtained a which, if proven, would entitle the opportunity to make a limited digital ID certificate and a docket has petitioner to relief. A petitioner who appearance will be provided by the been created, the participant can then fails to satisfy these requirements with presiding officer if such sessions are submit a petition. Submissions should respect to at least one contention will be in Portable Document Format (PDF).

mstockstill on DSK3G9T082PROD with NOTICES scheduled.

not be permitted to participate as a Additional guidance on PDF party. V. Electronic Submissions (E-Filing) submissions is available on the NRCs Those permitted to intervene become All documents filed in NRC public Web site at http://www.nrc.gov/

parties to the proceeding, subject to any adjudicatory proceedings, including a site-help/electronic-sub-ref-mat.html. A limitations in the order granting leave to request for hearing, a petition for leave filing is considered complete at the time intervene, and have the opportunity to to intervene, any motion or other the documents are submitted through participate fully in the conduct of the document filed in the proceeding prior the NRCs E-Filing system. To be timely, VerDate Sep<11>2014 19:01 Oct 03, 2016 Jkt 241001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1

Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices 68465 an electronic filing must be submitted to a participant or party to use E-Filing if to the Office of the Secretary, U.S.

the E-Filing system no later than 11:59 the presiding officer subsequently Nuclear Regulatory Commission, p.m. Eastern Time on the due date. determines that the reason for granting Washington, DC 20555-0001, Attention:

Upon receipt of a transmission, the E- the exemption from use of E-Filing no Rulemakings and Adjudications Staff, Filing system time-stamps the document longer exists. and provide a copy to the Associate and sends the submitter an email notice Documents submitted in adjudicatory General Counsel for Hearings, confirming receipt of the document. The proceedings will appear in the NRCs Enforcement and Administration, Office E-Filing system also distributes an email electronic hearing docket which is of the General Counsel, Washington, DC notice that provides access to the available to the public at http:// 20555-0001. The expedited delivery or document to the NRCs Office of the ehd1.nrc.gov/ehd/, unless excluded courier mail address for both offices is:

General Counsel and any others who pursuant to an order of the Commission, U.S. Nuclear Regulatory Commission, have advised the Office of the Secretary or the presiding officer. Participants are 11555 Rockville Pike, Rockville, that they wish to participate in the requested not to include personal Maryland 20852. The email address for proceeding, so that the filer need not privacy information, such as social the Office of the Secretary and the serve the documents on those security numbers, home addresses, or Office of the General Counsel are participants separately. Therefore, home phone numbers in their filings, Hearing.Docket@nrc.gov and applicants and other participants (or unless an NRC regulation or other law OGCmailcenter@nrc.gov, respectively.1 their counsel or representative) must requires submission of such The request must include the following apply for and receive a digital ID information. However, in some information:

certificate before a hearing petition to instances, a petition will require (1) A description of the licensing intervene is filed so that they can obtain including information on local action with a citation to this Federal access to the document via the E-Filing residence in order to demonstrate a Register notice; system. proximity assertion of interest in the A person filing electronically using proceeding. With respect to copyrighted (2) The name and address of the the NRCs adjudicatory E-Filing system works, except for limited excerpts that potential party and a description of the may seek assistance by contacting the serve the purpose of the adjudicatory potential partys particularized interest NRC Electronic Filing Help Desk filings and would constitute a Fair Use that could be harmed by the action through the Contact Us link located application, participants are requested identified in C.(1); and on the NRCs public Web site at http:// not to include copyrighted materials in (3) The identity of the individual or www.nrc.gov/site-help/e- their submission. entity requesting access to SUNSI and submittals.html, by email to The Commission will issue a notice or the requestors basis for the need for the MSHD.Resource@nrc.gov, or by a toll- order granting or denying a hearing information in order to meaningfully free call at 1-866-672-7640. The NRC request or intervention petition, participate in this adjudicatory Electronic Filing Help Desk is available designating the issues for any hearing proceeding. In particular, the request between 9 a.m. and 7 p.m., Eastern that will be held and designating the must explain why publicly available Time, Monday through Friday, Presiding Officer. A notice granting a versions of the information requested excluding government holidays. hearing will be published in the Federal would not be sufficient to provide the Participants who believe that they Register and served on the parties to the basis and specificity for a proffered have a good cause for not submitting hearing. contention.

documents electronically must file an For further details, see the application D. Based on an evaluation of the exemption request, in accordance with dated June 29, 2016. information submitted under paragraph 10 CFR 2.302(g), with their initial paper C.(3) the NRC staff will determine filing stating why there is good cause for Order Imposing Procedures for Access to Sensitive Unclassified Non- within 10 days of receipt of the request not filing electronically and requesting whether:

authorization to continue to submit Safeguards Information for Contention Preparation (1) There is a reasonable basis to documents in paper format. Such filings believe the petitioner is likely to must be submitted by: (1) First class A. This Order contains instructions establish standing to participate in this mail addressed to the Office of the regarding how potential parties to this NRC proceeding; and Secretary of the Commission, U.S. proceeding may request access to Nuclear Regulatory Commission, documents containing SUNSI. (2) The requestor has established a Washington, DC 20555-0001, Attention: B. Within 10 days after publication of legitimate need for access to SUNSI.

Rulemaking and Adjudications Staff; or this notice of hearing and opportunity to E. If the NRC staff determines that the (2) courier, express mail, or expedited petition for leave to intervene, any requestor satisfies both D.(1) and D.(2) delivery service to the Office of the potential party who believes access to above, the NRC staff will notify the Secretary, Sixteenth Floor, One White SUNSI is necessary to respond to this requestor in writing that access to Flint North, 11555 Rockville Pike, notice may request such access. A SUNSI has been granted. The written Rockville, Maryland 20852, Attention: potential party is any person who notification will contain instructions on Rulemaking and Adjudications Staff. intends to participate as a party by how the requestor may obtain copies of Participants filing a document in this demonstrating standing and filing an the requested documents, and any other manner are responsible for serving the admissible contention under 10 CFR conditions that may apply to access to document on all other participants. 2.309. Requests for access to SUNSI those documents. These conditions may Filing is considered complete by first- submitted later than 10 days after include, but are not limited to, the mstockstill on DSK3G9T082PROD with NOTICES class mail as of the time of deposit in publication of this notice will not be signing of a Non-Disclosure Agreement the mail, or by courier, express mail, or considered absent a showing of good expedited delivery service upon cause for the late filing, addressing why 1 While a request for hearing or petition to depositing the document with the the request could not have been filed intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, provider of the service. A presiding earlier. the initial request to access SUNSI under these officer, having granted an exemption C. The requestor shall submit a letter procedures should be submitted as described in this request from using E-Filing, may require requesting permission to access SUNSI paragraph.

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68466 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices or Affidavit, or Protective Order 2 setting has been appointed, the Chief such NRC staff determinations (whether forth terms and conditions to prevent Administrative Judge, or if he or she is granting or denying access) is governed the unauthorized or inadvertent unavailable, another administrative by 10 CFR 2.311.3 disclosure of SUNSI by each individual judge, or an administrative law judge I. The Commission expects that the who will be granted access to SUNSI. with jurisdiction pursuant to 10 CFR NRC staff and presiding officers (and F. Filing of Contentions. Any 2.318(a); or (c) an officer if that officer any other reviewing officers) will contentions in these proceedings that has been designated to rule on consider and resolve requests for access are based upon the information received information access issues. to SUNSI, and motions for protective as a result of the request made for H. Review of Grants of Access. A orders, in a timely fashion in order to SUNSI must be filed by the requestor no party other than the requestor may minimize any unnecessary delays in later than 20 days after the requestor is challenge an NRC staff determination identifying those petitioners who have granted access to that information. granting access to SUNSI whose release G. Review of Denials of Access. standing and who have proposed (1) If the request for access to SUNSI would harm that partys interest contentions meeting the specificity and is denied by the NRC staff either after independent of the proceeding. Such a basis requirements in 10 CFR part 2.

a determination on standing and need challenge must be filed with the Chief Attachment 1 to this Order summarizes for access, the NRC staff shall Administrative Judge within 5 days of the general target schedule for immediately notify the requestor in the notification by the NRC staff of its processing and resolving requests under writing, briefly stating the reason or grant of access. these procedures.

reasons for the denial. If challenges to the NRC staff It is so ordered.

(2) The requestor may challenge the determinations are filed, these Dated at Rockville, Maryland, this 28th day NRC staffs adverse determination by procedures give way to the normal of September, 2016.

filing a challenge within 5 days of process for litigating disputes receipt of that determination with: (a) concerning access to information. The For the Nuclear Regulatory Commission.

The presiding officer designated in this availability of interlocutory review by Annette L. Vietti-Cook, proceeding; (b) if no presiding officer the Commission of orders ruling on Secretary of the Commission.

ATTACHMENT 1GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/activity 0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-structions for access requests.

10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:

Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.

20 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).

20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-essing (preparation of redactions or review of redacted documents).

25 ...................... If NRC staff finds no need or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds need for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staffs grant of access.

30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s).

40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-tive order.

A + 23 ............... Deadline for submission of contentions whose development depends upon access to SUNSI.

A + 48 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.

A + 55 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers.

>A + 55 ............. Decision on contention admission.

mstockstill on DSK3G9T082PROD with NOTICES

[FR Doc. 2016-23955 Filed 10-3-16; 8:45 am]

BILLING CODE 7590-01-P 2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline 46562; August 3, 2012) apply to appeals of NRC Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. staff determinations (because they must be served be filed with the presiding officer or the Chief 3 Requestors should note that the filing on a presiding officer or the Commission, as Administrative Judge if the presiding officer has not requirements of the NRCs E-Filing Rule (72 FR applicable), but not to the initial SUNSI request 49139; August 28, 2007, as amended at 77 FR submitted to the NRC staff under these procedures.

VerDate Sep<11>2014 19:01 Oct 03, 2016 Jkt 241001 PO 00000 Frm 00069 Fmt 4703 Sfmt 9990 E:\FR\FM\04OCN1.SGM 04OCN1

From: Sabatini Monatesti To: Docket, Hearing; Docket, Hearing; OGCMailCenter Resource Cc: smonatesti@verizon.net; susan.schwartz@pressenterprise.net; sbeller@nhds.com; erik_helbing_esq@yahoo.com

Subject:

[External_Sender] Talen Energy license transfer Date: Tuesday, October 11, 2016 3:02:23 PM Attachments: License xfer Talen 10112016.pdf Importance: High To Whom It may Concern:

The attached letter outlines my concerns regarding Talen Energy license transfer. Please acknowledge receipt.

I believe I require a digital identification certificate. Please share with me what I must provide to meet this requirement.

Regards, Sabatini Monatesti 919 Belair Drive Berwick, PA 18603 cell: 570-441-2662 email: smonatesti@verizon.net Web: http://www.esenteprisesinc.com

Request for Hearing and Information - License Transfer October 11, 2016

Reference:

Talen Energy license transfer To: Secretary of the US NRC Washington, DC 20555-0001 FAX: 301-415-11012 Telephone: 301-415-1677 Email: hearingdocket@nrc.gov hearing.docket@nrc.gov Copy: Associate General Counsel Hearings, Enforcement and Administration Office of the General Counsel 11555 Rockville Pike Rockville, MD 20851 Email: hearing.docket@nrc.gov OGCmailcenter@nrc.gov General Counsel Washington, DC 20555-0001 From: Sabatini Monatesti 919 Belair Drive Berwick, PA 18603 Office: 570-752-8484 Cell: 570-441-2662 Email: smonatesti@verizon.net WEB: http://www.esenterprisesinc.com Attn: Rulemaking and Adjudications Staff Docket ID NRC-2016-0187 To Whom It May Concern:

I am requesting a hearing and a digital identification certificate to enable the discussion regarding the transfer of Talen Energys license to Riverstone Holdings.

I wish to receive access to sensitive business documents filed by Talen Energy to discern whether Riverstone Holdings includes provisions and capital available for decommissioning of the Salem Township nuclear plant (aka. Susquehanna), and I require information regarding their continued support of Salem Township property and recreational facilities.

Sjm-ese10112016 Page 1

Request for Hearing and Information - License Transfer I also wish to know if sufficient, trained work force will be available to ensure a successful transfer of responsibilities, and if Riverstone Holdings staffing adjustments exist in the planning for the transfer and subsequent operation of the Salem Township nuclear plant.

Reference Federal Registry, Oct 4: Susquehanna Nuclear, LLC; Susquehanna Steam Electric Station, Units 1 and 2; Consideration of Indirect License Transfer, A Notice by the Nuclear Regulatory Commission on 10/04/2016, Document Citation: 81 FR 68462, Page:68462-68466 (5 pages) Agency/Docket Numbers: Docket Nos. 50-387, 50-388, and 72-28NRC-2016-0187Document Number:2016-23955 o The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by Susquehanna Nuclear, LLC (Susquehanna Nuclear), on June 29, 2016. The application seeks NRC approval of the indirect transfer of Susquehanna Nuclear's interests in Renewed Facility Operating License Nos. NPF-14 and NPF-22 for Susquehanna Steam Electric Station, Units 1 and 2 (SSES), respectively, as well as the general license for the SSES Independent Spent Fuel Storage Installation (ISFSI), from the current parent holder, Talen Energy Corporation (Talen), to Riverstone Holdings, LLC (Riverstone). Because the application contains sensitive unclassified non-safeguards information (SUNSI) an order imposes procedures to obtain access to SUNSI for contention preparation.

I live two miles from the Salem Township plant. Talen Energy recently presented their site storage expansion plan at a township-planning meeting in April. They were increasing nuclear waste storage on site to 3,000 metric tons. I raised a concern because the NRC, U.S.

Department of Energy, Office of Civilian Radioactive Waste Management, Washington, D. C.

20585, Nuclear Waste Policy Act, March 2004, limits site storage to 1,900 metric tons. I outlined my concerns in a letter to Representative Lou Barletta, May 18. Victor M. McCree, Executive Director for Operations, US NRC responded July 28, 2016. I was very concerned when Mr. McCree noted in his response that neither Talen nor the township consulted with NRC prior to the meeting. Further, Mr. McCree did not make it clear that the NRC reviewed nor plans to review the expansion. Based on past safety performance, I find this NRC position unacceptable.

I believe there are health and safety issues outstanding. Recent news releases and plant outages are consistent with past problems noted at the facility, e.g., separated seam found in N-plant ductwork, small cracks on metal blades on low-pressure turbine. It also appears that, e.g., repair of Exelons 2012 event, an identified design flaw, the NRC has not addressed this problem; reference Robert Walton, March 3, 2016.

Given Talen Energy 2015 loss of $341 Million and continued downturn in energy prices continue. My understanding, global energy investment in 2015 amounted to United States dollar (USD) 1.8 trillion, down 8% (in real terms) from 2014 mainly due to a sharp fall in upstream oil and gas investment, https://www.iea.org/Textbase/npsum/WEI2016SUM.pdf.

Who will be responsible for decommissioning cost, i.e., Pennsylvania Power and Light, Talen Energy or Riverstone Holdings, i.e., if the license holder goes bankrupt? Who holds the liability?

Sjm-ese10112016 Page 2

From: SABATINI MONATESTI To: Docket, Hearing Cc: erik_helbing_esq@yahoo.com; susan.schwartz@pressenterprise.net; marande07@aol.com

Subject:

[External_Sender] RE: Talen Energy license transfer (Susquehanna)

Date: Monday, October 17, 2016 10:36:27 PM Importance: High Herald Speiser:

I plan to submit request for CERT tomorrow. I have no objection to the request of attorney for Susquehanna Nuclear, LLC to speak with me.

I can share with you a few areas of investigation:

ROI and impact deal will have on the unit price for energy? Anticipated hurdle rate, and costing/pricing assumptions? Impact of continued erosion of price per unit due to the ever increasing availability of energy and decreasing cost of energy? Net present value of the investment?

Arrangements for continued maintenance and provisioning for park areas? Investment required to meet future needs?

Impact deal has on current and future workforce, and how it will impact health and safety?

Expectation of new owner regards continued expansion of onsite storage? Investment required to meet future needs?

Impact deal will have on capital improvements for the facility and eventual funding for decommissioning of Plant? Investment required to meet future needs?

Commitment to ethical business practices?

Evaluation of health and safety concerns in an area were population is aging and continued support of police and fire as it might relate to evacuation and emergency plans could be suspect? Investment required to meet future needs?

Evaluation of seismic activity and its impact on current or future construction as a risk factor?

Integrated deal provisions for study of future vulnerabilities, threats and risks? Probabilities associated with each area of vulnerability? Sensitivity model outputs and key variables associated with each area of vulnerability?

Regards.

Sabatini Monatesti President, ES Enterprises Inc.

From: Docket, Hearing [1]

Sent: Monday, October 17, 2016 5:12 PM To: Sabatini Monatesti Cc: Docket, Hearing; OCAAMAIL Resource; Julian, Emile

Subject:

FW: Talen Energy license transfer (Susquehanna)

Mr. Monatesti, I am forwarding you the below email to ensure you have received it. Because it does not appear you have taken steps to obtain a digital certificate I want to be certain that you

understand any request for hearing you may wish to make in the subject proceeding must be submitted via the Electronic Information Exchange (EIE) prior to the filing deadline stated in the Federal Register Notice, which calculates to October 24, 2016.

As stated in my previous email, your SUNSI access request is under review. In that regard, legal counsel for Susquehanna Nuclear, LLC has requested contact information for you so that he can get in touch with you to discuss the information you are interested in obtaining.

Would you have any objection to me giving your contact information to the attorney for Susquehanna Nuclear, LLC?

I left voicemail messages for you today on both your office and cell phone numbers. Feel free to reply via email or phone, but please do let me know at your earliest opportunity.

Thank you.

Herald Speiser Herald M. Speiser Rulemakings and Adjudications Staff Office of the Secretary U. S. Nuclear Regulatory Commission (301) 415-1675 From: Docket, Hearing Sent: Wednesday, October 12, 2016 3:43 PM To: 'Sabatini Monatesti' <smonatesti@verizon.net>

Cc: Docket, Hearing <Hearing.Docket@nrc.gov>; MSHD Resource

<Meta_System_Help_Desk.Resource@nrc.gov>; Julian, Emile <Emile.Julian@nrc.gov>; Newell, Brian

<Brian.Newell@nrc.gov>; Sola, Clara <Clara.Sola@nrc.gov>

Subject:

RE: Talen Energy license transfer (Susquehanna)

Mr. Monatesti, The Office of the Secretary is in receipt of your email and its attached letter. The request for access to SUNSI is under review and, as indicated in the Federal Register Notice, you will receive a response to that request. You can obtain a digital certificate by taking the steps listed below.

Instructions on obtaining a digital certificate can be found on the NRCs website (www.NRC.gov). From the home page, access the link at the bottom entitled Electronic Submittals Application which is listed under Popular Documents. A direct link is provided here for your convenience: http://www.nrc.gov/site-help/e-submittals/getting-started.html. I strongly recommend you first reach out to our Metasystems Help Desk either by phone -

866-672-7640 or via email to meta_system_help_desk.resource@nrc.gov. They are extremely helpful and can walk you through the process. The Help Desk has been copied on this email, so will be aware that they may hear from you.

In the meantime, we will begin the process of establishing an electronic docket in anticipation of your filing of a request for hearing. If you have any questions, please feel free to let me know.

Thank you.

Herald Speiser Herald M. Speiser Rulemakings and Adjudications Staff Office of the Secretary U. S. Nuclear Regulatory Commission (301) 415-1675 From: Sabatini Monatesti [2]

Sent: Tuesday, October 11, 2016 3:02 PM To: Docket, Hearing <Hearing.Docket@nrc.gov>; Docket, Hearing <Hearing.Docket@nrc.gov>;

OGCMailCenter Resource <OGCMailCenter.Resource@nrc.gov>

Cc: smonatesti@verizon.net; susan.schwartz@pressenterprise.net; sbeller@nhds.com; erik_helbing_esq@yahoo.com

Subject:

[External_Sender] Talen Energy license transfer Importance: High To Whom It may Concern:

The attached letter outlines my concerns regarding Talen Energy license transfer. Please acknowledge receipt.

I believe I require a digital identification certificate. Please share with me what I must provide to meet this requirement.

Regards, Sabatini Monatesti 919 Belair Drive Berwick, PA 18603 cell: 570-441-2662 email: smonatesti@verizon.net Web: http://www.esenteprisesinc.com

From: SABATINI MONATESTI <smonatesti@verizon.net>

Sent: Sunday, October 23, 2016 3:44 PM To: Hood, Tanya Cc: susan.schwartz@pressenterprise.net; erik_helbing_esq@yahoo.com; marande07

@aol.com; vincent.kundrik@mail.house.gov

Subject:

[External_Sender] RE: Susquehanna Indirect Transfer SUNSI Request Response Attachments: NUC positoin Problem Statement 05182016.pdf Resend document From: SABATINI MONATESTI [3]

Sent: Sunday, October 23, 2016 3:32 PM To: 'Tanya.Hood@nrc.gov' Cc: 'susan.schwartz@pressenterprise.net'; 'erik_helbing_esq@yahoo.com'; marande07@aol.com;

'vincent.kundrik@mail.house.gov'

Subject:

RE: Susquehanna Indirect Transfer SUNSI Request Response Importance: High Tanya:

Thank you for responding to my questions. BTW, if Riverstone Holdings LLC goes bankrupt what happens to the plant and the people who work there? What is the status of the evaluation of increasing the storage space to 3,000 metric tons? Given the Act only allows for 1,900 metric tons? My memo draft 05182016, references page 42 of the Act, and page 46 Notificaton and its disposition. It would appear that ownership is changing without disposition of outstanding concerns.

October 20, 2016 Sabatini Monatesti 919 Belair Drive Berwick, PA 18603

SUBJECT:

REQUEST FOR ACCESS TO SENSITIVE UNCLASSIFIED NONSAFEGUARDS INFORMATION RELATED TO THE APPLICATION FOR INDIRECT TRANSFER OF THE SUSQUEHANNA STEAM ELECTRIC STAT I understand that I must submit a challenge within five days:

1

Please accept this email response as my challenge to your position. I will need longer than five days to review your position, the information provided, and to prosper a proper response.

Regards, Sabatini Monatesti From: Hood, Tanya [4]

Sent: Thursday, October 20, 2016 2:10 PM To: smonatesti@verizon.net

Subject:

Susquehanna Indirect Transfer SUNSI Request Response

Dear Mr. Monatesti:

Please find attached the response of the U.S. Nuclear Regulatory Commission to your October 11, 2016 request for access to documents containing sensitive unclassified non-safeguards information related to the application for indirect transfer of the licenses for the Susquehanna Steam Electric Station.

Thank you, Tanya E. Hood Project Manager Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852-2738 301-415-1387 Tanya.Hood@nrc.gov 2

Health and Safety review - Susquehanna Site Problem Statement: Talen Energy requires an extension of the nuclear waste dry storage facility.

The current Talen Energy plant operates in Salem Township, PA and currently supports about 1,800 to 2,000 tons of nuclear waste. Salem Township Zoning Board health and safety position was undermined by a legal position taken by Talen Energy attorney who stated that jurisdiction rests with the NRC, U.S.

Department of Energy, Office of Civilian Radioactive Waste Management, Washington, D.C., 20585, Nuclear Waste Policy Act, March 2004, http://www.energy.gov/sites/prod/files/edg/media/nwpa_2004.pdf .

Talen Energy requires additional storage capacity due to its continued life expectancy requirement (additional license extension 20 years, anticipate installing 50 to 60 additional storage units, total capacity by 2018 about 3,000 tons). Two concerns exist:

1. Will the additional storage impact the health and safety of the Salem Township community (includes Berwick PA), e.g., :

a. Will the site support the additional weight given the potential for hydraulic fracturing earthquake incident?

b. Does Talen Energy have sufficient funds in escrow to enable decommissioning of plant, and if facility sold, what protection do the residents of the area have that decommissioning is possible without extensive citizen investment (tax dollars)?

2. Has the NRC done their due diligence regarding the evaluation of the impact on community health and safety issues:

a. Potential for cascade failure, exposure to radiation due to waste mishandling or related container breakage (44% of past failures dealt with health and safety issues)

b. Potential for plant infrastructure failure due to neutron bombardment or other failure (Electrical Power Distribution 22%, Component 22% and Generation Capacity 12%)

To my knowledge, neither Talen Energy nor NRC has undertaken any evaluation of review with citizen participation to discern if the additional dry storage would affect the health and safety of the surrounding area. Through their commission of acts denying due process the parties, i.e., Talen Energy, NRC and Township Zoning Board, have undermined the action of citizens of Salem Township to review and participate in the design of storage as it relates to health and safety of the citizen of Salem Township Applicable Statute: NRC considers health and safety of paramount importance, per act.

Sjm-05182016 Page 1

Health and Safety review - Susquehanna Site

1. Page 6: Evaluation - Act applies for the disposal of high-level radioactive waste resulting from atomic energy defense activities.

Such evaluation shall take into consideration factors relating to cost efficiency, health and safety, regulation, transportation, public acceptability, and national security.

2. Page 9: Disposition of waste - The Federal Government has the responsibility to provide for the permanent disposal of high-level radioactive waste and such spent nuclear fuel as may be disposed of in order to protect the public health and safety and the environment. The costs of such disposal should be the responsibility of the generators and owners of such waste and spent fuel.

3. Page 9: Concern - High-level radioactive waste and spent nuclear fuel have become major subjects of public concern, and appropriate precautions must be taken to ensure that such waste and spent fuel do not adversely affect the public health and safety and the environment for this or future generations.

4. Page 11: Evaluation - Each nomination of a site under this subsection shall be accompanied by an environmental assessment, which shall include a detailed statement of the basis for such recommendation and of the probable impacts of the site characterization activities planned for such site.

5. Page 30: Responsibility - Secretary shall assist such State, and the units of general local government in the vicinity of the repository site, in resolving the offsite concerns of such State and units of general local government, including, but not limited to, questions of State liability arising from accidents, necessary road upgrading and access to the site, ongoing emergency preparedness and emergency response, monitoring of transportation of high-level radioactive waste and spent nuclear fuel through such State, conduct of baseline health studies of inhabitants in neighboring communities near the repository site and reasonable periodic monitoring thereafter, and monitoring of the repository site upon any decommissioning and decontamination.

6. Page 37: Disposal - Any repository constructed on a site approved under this subtitle [42 U.S.C. 10131 et seq.] shall be designed and constructed to permit the retrieval of any spent nuclear fuel placed in such repository, during an appropriate period of operation of the facility, for any reason pertaining to the public health and safety, or the environment, or for the purpose of permitting the recovery of the economically valuable contents of such spent fuel. The Sjm-05182016 Page 2

Health and Safety review - Susquehanna Site Secretary shall specify the appropriate period of retrievability with respect to any repository at the time of design of such repository, and such aspect of such repository shall be subject to approval or disapproval by the Commission as part of the construction authorization process under subsections (b) through (d) of section 114 [42 U.S.C. 10134(b)-(d)]. [42 U.S.C. 10142]

7. Page 39: Interim storage - The Secretary, the Commission, and other authorized Federal officials shall each take such actions as such official considers necessary to encourage and expedite the effective use of available storage, and necessary additional storage, at the site of each civilian nuclear power reactor consistent with

a. the protection of the public health and safety, and the environment;

b. economic considerations;

c. continued operation of such reactor;

d. any applicable provisions of law (Salem Township); and

e. the views of the population surrounding such reactor. [42 U.S.C. 10152]

8. Page 42: Storage - The Secretary shall provide, in accordance with paragraph (5), not more than 1,900 metric tons of capacity for the storage of spent nuclear fuel from civilian nuclear power reactors.

Such storage capacity shall be provided through any one or more of the following methods: (C) construction of storage capacity at any site of a civilian nuclear power reactor.

9. Page 43: Environmental review - The provision of 300 or more metric tons of storage capacity at any one Federal site under subsection (a)(1)(A) shall be considered to be a major Federal action requiring preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969

[42 U.S.C. 4332(2)(C)]. The Secretary shall prepare, and make available to the public, an environmental assessment of the probable impacts of any provision of less than 300 metric tons of storage capacity at any one Federal site under subsection (a)(1)(A) that requires the modification or expansion of any facility at the site, and a discussion of alternative activities that may be undertaken to avoid such impacts. Such environmental assessments shall include -

a. (i) an estimate of the amount of storage capacity to be made available at such site; Sjm-05182016 Page 3

Health and Safety review - Susquehanna Site

b. (ii) an evaluation as to whether the facilities to be used at such site are suitable for the provision of such storage capacity;

c. (iii) a description of activities planned by the Secretary with respect to the modification or expansion of the facilities to be used at such site; (iv) an evaluation of the effects of the provision of such storage capacity at such site on the public health and safety, and the environment;

d. a reasonable comparative evaluation of current information with respect to such site and facilities and other sites and facilities available for the provision of such storage capacity;

e. a description of any other sites and facilities that have been considered by the Secretary for the provision of such storage capacity; and

f. an assessment of the regional and local impacts of providing such storage capacity at such site, including the impacts on transportation.

10. Page 45: Review - in all stages of the planning, development, modification, expansion, operation, and closure of storage capacity at a site or facility within such State for the interim storage of spent fuel from civilian nuclear power reactors. Public participation in the negotiation of such an agreement shall be provided for and encouraged by the Secretary, the State, and the affected Tribal Council (we have one up the road, have they been part of the process).

11. Page 46: Notification - For the purpose of this subsection, "process of consultation and cooperation" means a methodology by which the Secretary (A) keeps the State and eligible Tribal Council fully and currently informed about the aspects of the project related to any potential impact on the public health and safety and environment

12. Page 61: Survey - The Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed wouldprovide for public confidence in the ability of such system to safely dispose of the fuel and waste; impose minimal adverse effects on the local community and the local environment; provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion

13. Page 70: Content - A benefits agreement under section 170 [42 U.S.C. 10173] shall provide that the State or Indian tribe that is party to such agreement participate in the design of the repository or monitored retrievable storage facility and in the preparation of Sjm-05182016 Page 4

Health and Safety review - Susquehanna Site documents required under law or regulation governing the effects of the facility on the public health and safety;

14. Page 93: Dry Cask Storage - the Secretary shall - (1) consider the costs of dry cask storage technology, the extent to which dry cask storage on the site of civilian nuclear power reactors will affect human health and the environment, the extent to which the storage on the sites of civilian nuclear power reactors affects the costs and risk of transporting spent nuclear fuel to a central facility such as a monitored retrievable storage facility, and any other factors the Secretary considers appropriate Salem Township Resident: The implication of the meeting of Salem Township Zoning Board April 19 is that Talen Energy and Salem Township denied the citizen any right to review or assess the impact of additional waste storage. The implication was that Talen Energy was going forward without any due diligence. That the citizen including local tribe would accept without concern for health and safety the decision of Talen Energy. It was obvious that the NRC had not conducted an environmental evaluation.

The NRC nor did Talen Energy present any evidence of their evaluation to the citizen.

==

Conclusion:==

Talen Energy and the NRC should be prohibited from pursuit of this expansion without review and acceptance by Salem Township citizen.

Sjm-05182016 Page 5

From: Sabatini Monatesti To: Docket, Hearing Cc: OCAAMAIL Resource; Docket, Hearing; Roy Hawkens; david.lewis@pillsburylaw.com; Mizuno, Beth; Scott, Catherine; Wachutka, Jeremy; OGCMailCenter Resource; Speiser, Herald; Julian, Emile; Newell, Brian; Sola, Clara; erik_helbing_esq@yahoo.com; susan.schwartz@pressenterprise.net; marande07@aol.com; Vincent.kundrik@mail.house.gov

Subject:

[External_Sender] Re: *** Susquehanna - Challenge to Access to SUNSI Denial *** Time-sensitive information included Date: Monday, October 24, 2016 12:46:46 PM Attachments: challenge to adverse determination 10242016.pdf NUC positoin Problem Statement 05182016.pdf Importance: High Herald Speiser; Thank you for your prompt response to my request, i.e., challenge to adverse determination. I attached the signed Certificate of Service requesting the challenge.

As you know, I raised concerns regarding Susquehanna, April 19, 2016. I believe these concerns are still valid. I again reviewed these concerns in my draft letter May 18, 2016, reference attached.

The difficulty I have with the transfer of license process, i.e., from PPL, to Talen Energy, to Riverstone, is this; At no time along the license transfer path, to my knowledge, has a public hearing occurred within the 10 mile Plume Exposure Zone, nor in the 50 mile Ingestion Pathway Zone, i.e., Notification per Act. Further, during this process Talen Energy posted a loss of $341 Million. The revenue stream for nuclear is under severe strain, energy prices are going down, maintenance costs are increasing, health and safety issues continue to plague many facilities (10 out of 100 facilities are out of service regularly further increasing the cost per unit of a generated kilowatt hour, note Susquehanna outage performance), plans for on site storage at Susquehanna, i.e., on site two miles from my home, plan to go beyond the 1,900 metric ton limit, and I do not believe the decommissioning dollars allotted are adequate, i.e.,

given estimated $13 to $19 million per facility and 100 units to decommission over the next 20 years, using an inflation rate of 3% over 20 years and decommission dollar value for one site

@ $15 million, my estimate: $2,630,259,079.62 and we have two units up the road.

Further, given that Riverstone could go bankrupt during the near future, the question raised is this: Who is left with the cost of cleaning up what is left? We have a superfund site down the road off old route 11, and we still have scars left over from coal mining, reference McAdoo, PA. Who will be the guarantor given potential failure? Will burden fall on the citizen?

Without access to the Riverstone operating plan, investment NPV calculation, and clear recognition and resolution of the issues raised above, along with known dollar values for continued operation, the citizen is left with a lack of understanding, information, and lack of trust as to the veracity of the proposed transfer.

References used: https://www.iea.org/textbase/npsum/wei2016sum.pdf and Nuclear Energy Institute, Fact Sheet, Decommissioning Nuclear Power Plants, August 2016 Sabatini Monatesti Oct 24, 2016 11:08:31 AM, Hearing.Docket@nrc.gov wrote:

Mr. Monatesti,

Tanya Hood of the NRC Staff has shared with the Office of the Secretary your email stating that you would like to challenge the Staffs denial of your request for access to SUNSI. Please be advised that your email to Ms. Hood does not constitute a challenge to Staffs adverse determination of your request. As stated in the Federal Register Notice related to the subject of your request, a copy of which is attached, any such challenge must be submitted within 5 days of receipt of the adverse determination to the presiding officer in the proceeding or, if no presiding officer has been appointed, the Chief Administrative Judge.

No presiding officer has been appointed in this matter, so any challenge you wish to submit must go to Chief Administrative Judge E. Roy Hawkens. Judge Hawkens contact information was shown on the draft certificate of service you were previously provided, another copy of which is also attached for your convenience. Please be sure to copy all parties listed in the certificate of service on anything you submit.

Thank you.

Herald Speiser Herald M. Speiser Rulemakings and Adjudications Staff Office of the Secretary U. S. Nuclear Regulatory Commission (301) 415-1675