ML23074A111
| ML23074A111 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/14/2023 |
| From: | Clara Sola NRC/SECY/RAS |
| To: | Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, San Luis Obispo Mothers for Peace |
| References | |
| 72-026-LR | |
| Download: ML23074A111 (1) | |
Text
From: Docket, Hearing To: Diane Curran Cc: Docket, Hearing
Subject:
RE: Filing of Hearing Request Regarding Diablo Canyon ISFSI License Renewal Application Date: Tuesday, March 14, 2023 1:17:23 PM Attachments: 88FR1431 (Jan. 10, 2023).pdf Ms. Curran, You have now been granted access to the proceeding docket named: Diablo Canyon 72-26-LR on the NRCs Electronic Information Exchange. The docket is now ready to receive your submission.
In the future, please inform the Office of the Secretary that you intend to participate in an opportunity to request a hearing published on the Federal Register. This will alert us to set up a docket, add participants to the service list, and allow for timely submissions.
The attached Federal Register notice provides procedural requirements for electronic filing.
Thank you, Clara (Rica) Sola Nuclear Regulatory Commission Office of the Secretary Rulemakings and Adjudications Staff Clara.Sola@nrc.gov 301-415-1668 From: Diane Curran <dcurran@harmoncurran.com>
Sent: Monday, March 13, 2023 10:52 PM To: Lighty, Ryan K. <ryan.lighty@morganlewis.com>; NRCExecSec Resource
<NRCExecSec.Resource@nrc.gov>; Docket, Hearing <Hearing.Docket@nrc.gov>; Bessette, Paul M.
<paul.bessette@morganlewis.com>; Matthews, Timothy P.
<timothy.matthews@morganlewis.com>; RidsOgcMailCenter Resource
<RidsOgcMailCenter.Resource@nrc.gov>
Subject:
[External_Sender] Filing of Hearing Request Regarding Diablo Canyon ISFSI License Renewal Application
Dear Ms. Poole,
NRC Hearing Docket and counsel to PG&E and the NRC Staff, I was unable to access the EIE portal tonight, and therefore I am using this email message to file San Luis Obispo Mothers for Peaces Hearing Request and Petition to Intervene in the Diablo Canyon ISFSI license renewal proceeding. As soon as I can get access tomorrow, I will post it on the EIE portal.
Sincerely,
Diane Curran Counsel to San Luis Obispo Mothers for Peace
Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices 1431 agents, and employees of such JPMC 463, as amended), the National Science DATES: A request for a hearing or QPAMs who had responsibility for, or Foundation (NSF) announces the petition for leave to intervene must be exercised authority in connection with following meeting: filed by March 13, 2023.
the management of plan assets) did not Name and Committee Code: Advisory ADDRESSES: Please refer to Docket ID receive direct compensation, or Committee for Polar Programs (AC OPP) NRC-2022-0220 when contacting the knowingly receive indirect (1130). NRC about the availability of compensation, in connection with the Date and Time: February 13, 2023; information regarding this document.
conduct underlying the DPA. Further, 2:00 p.m. to 3:30 p.m. EST. You may obtain publicly available any other party engaged on behalf of the Place: National Science Foundation, information related to this document JPMC Affiliated QPAMs and the JPMC 2415, Eisenhower Avenue, Alexandria, using any of the following methods:
Related QPAMs who had responsibility VA 22314 l Virtual via Zoom.
- Federal Rulemaking website: Go to for, or exercised authority in connection A virtual link will be posted on the https://www.regulations.gov and search with the management of plan assets did AC OPP website at: https://nsf.gov/geo/ for Docket ID NRC-2022-0220. Address not receive direct compensation, or opp/advisory.jsp. questions about Docket IDs in knowingly receive indirect Type of Meeting: Open. Regulations.gov to Stacy Schumann; compensation, in connection with the Contact Person: Sara Eckert, Office of telephone: 301-415-0624; email:
conduct underlying the DPA. Polar Programs, National Science Stacy.Schumann@nrc.gov. For technical (w) With respect to an asset manager Foundation, 2415 Eisenhower Ave., questions, contact the individual listed that becomes a JPMC Affiliated QPAM Alexandria, VA 22314;
Contact:
(703) in the FOR FURTHER INFORMATION after the effective date of this exemption 292-7899, seckert@nsf.gov. CONTACT section of this document.
by virtue of being acquired (in whole or Purpose of Meeting: Advisory
- NRCs Agencywide Documents in part) by JPMC or a subsidiary or committee review of Science Advisory Access and Management System affiliate of JPMC (a newly-acquired Subcommittee (SASC) report(s). (ADAMS): You may obtain publicly JPMC Affiliated QPAM), the newly- Agenda: Review and evaluate the available documents online in the acquired JPMC Affiliated QPAM would SASC report(s), and vote on whether the ADAMS Public Documents collection at not be precluded from relying on the report(s) should be forwarded to the https://www.nrc.gov/reading-rm/adams.
exemptive relief provided by PTE 84-14 NSF Office of Polar Programs. html. To begin the search, select Begin notwithstanding the Conviction as of Web-based ADAMS Search. For the closing date for the acquisition; Dated: January 4, 2022.
Crystal Robinson, problems with ADAMS, please contact however, the operative terms of the the NRCs Public Document Room (PDR) exemption shall not apply to the newly- Committee Management Officer.
reference staff at 1-800-397-4209, 301-acquired JPMC Affiliated QPAM until a [FR Doc. 2023-00198 Filed 1-9-23; 8:45 am]
415-4737, or by email to date that is six (6) months after the BILLING CODE 7555-01-P PDR.Resource@nrc.gov. The ADAMS closing date for the acquisition. To that accession number for each document end, the newly-acquired JPMC Affiliated referenced (if it is available in ADAMS)
QPAM will initially submit to an audit is provided the first time that it is pursuant to Section III(i) of this NUCLEAR REGULATORY mentioned in this document.
exemption as of the first audit period COMMISSION
- NRCs PDR: You may examine and that begins following the closing date purchase copies of public documents, for the acquisition. The period covered [Docket No. 72-26; NRC-2022-0220] by appointment, at the NRCs PDR, by the audit must begin on the date on Room P1 B35, One White Flint North, which the JPMC Affiliated QPAM was Pacific Gas and Electric Company; 11555 Rockville Pike, Rockville, acquired. Diablo Canyon Independent Spent Fuel Maryland 20852. To make an Effective Date: This exemption is Storage Installation appointment to visit the PDR, please effective for a period of four years, AGENCY: Nuclear Regulatory send an email to PDR.Resource@nrc.gov beginning on January 10, 2023, and Commission. or call 1-800-397-4209 or 301-415-ending on January 9, 2027.
Accordingly, after considering the 4737, between 8:00 a.m. and 4:00 p.m.
ACTION: License renewal application; entire record developed in connection Eastern Time (ET), Monday through receipt; notice of opportunity to request with the Applicants exemption Friday, except Federal holidays.
a hearing and to petition for leave to application, the Department has intervene. FOR FURTHER INFORMATION CONTACT:
determined to grant the exemption Christopher Markley, Office of Nuclear described above.
SUMMARY
- The U.S. Nuclear Regulatory Material Safety and Safeguards, U.S.
Commission (NRC) is considering an Nuclear Regulatory Commission, Signed at Washington, DC.
application for the renewal of Special Washington, DC 20555-0001; telephone:
George Christopher Cosby, Nuclear Materials (SNM) License No. 301-415-6293; email: Christopher.
Director, Office of Exemption Determinations, SNM-2511, which currently authorizes Markley@nrc.gov.
Employee Benefits Security Administration, Pacific Gas and Electric Company SUPPLEMENTARY INFORMATION:
U.S. Department of Labor.
(PG&E, the licensee) to receive, possess,
[FR Doc. 2023-00282 Filed 1-6-23; 4:15 pm]
transfer, and store spent fuel from the I. Introduction BILLING CODE 4510-29-P Diablo Canyon Nuclear Power Plant The NRC has received, by letter dated khammond on DSKJM1Z7X2PROD with NOTICES (DCNPP) in the Diablo Canyon March 9, 2022, an application from Independent Spent Fuel Storage PG&E for renewal of SNM License No.
NATIONAL SCIENCE FOUNDATION Installation (ISFSI). The renewed SNM-2511 for the Diablo Canyon ISFSI license would authorize PG&E to for an additional 40 years (ADAMS Advisory Committee for Polar continue to store spent fuel in the Accession No. ML22068A189). The Programs; Notice of Meeting Diablo Canyon ISFSI for an additional license currently authorizes PG&E to In accordance with the Federal 40 years beyond the current license receive, possess, transfer, and store Advisory Committee Act (Pub. L. 92- expiration date of March 22, 2024. spent fuel from the DCNPP in the Diablo VerDate Sep<11>2014 17:32 Jan 09, 2023 Jkt 259001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1
1432 Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices Canyon ISFSI, located at the DCNPP site document. Petitions and motions for adjudicatory document (even in in San Luis Obispo County, California leave to file new or amended instances in which the participant, or its until the license term expires on March contentions that are filed after the counsel or representative, already holds 22, 2024. This license renewal, if deadline will not be entertained absent an NRC-issued digital ID certificate).
approved, would authorize PG&E to a determination by the presiding officer Based upon this information, the continue to store spent fuel at the Diablo that the filing demonstrates good cause Secretary will establish an electronic Canyon ISFSI for an additional 40 years by satisfying the three factors in 10 CFR docket for the proceeding if the beyond its initial expiration, under the 2.309(c)(1)(i) through (iii). Secretary has not already established an provisions of part 72 of title 10 of the A State, local governmental body, electronic docket.
Code of Federal Regulations (10 CFR), Federally recognized Indian Tribe, or Information about applying for a Licensing Requirements for the designated agency thereof, may submit digital ID certificate is available on the Independent Storage of Spent Nuclear a petition to the Commission to NRCs public website at https://
Fuel, High-Level Radioactive Waste, and participate as a party under 10 CFR www.nrc.gov/site-help/e-submittals/
Reactor-Related Greater Than Class C 2.309(h) no later than 60 days from the getting-started.html. After a digital ID Waste. date of publication of this notice. certificate is obtained and a docket Following an NRC administrative Alternatively, a State, local created, the participant must submit completeness review, documented in a governmental body, Federally adjudicatory documents in Portable letter to PG&E dated September 8, 2022 recognized Indian Tribe, or agency Document Format. Guidance on (ADAMS Accession No. ML22238A239), thereof may participate as a non-party submissions is available on the NRCs the NRC staff has determined that the under 10 CFR 2.315(c). public website at https://www.nrc.gov/
renewal application contains sufficient For information about filing a petition site-help/electronic-sub-ref-mat.html. A information for the NRC staff to begin its and about participation by a person not filing is considered complete at the time technical review and is acceptable for a party under 10 CFR 2.315, see ADAMS the document is submitted through the docketing. The application has been Accession No. ML20340A053 (https:// NRCs E-Filing system. To be timely, an docketed in Docket No. 72-26, the adamswebsearch2.nrc.gov/webSearch2/ electronic filing must be submitted to existing docket for SNM License No. main.jsp?AccessionNumber= the E Filing system no later than 11:59 SNM-2511. If the NRC approves the ML20340A053) and on the NRCs public p.m. ET on the due date. Upon receipt renewal application, the approval will website at https://www.nrc.gov/about- of a transmission, the E-Filing system be documented in the renewal of SNM nrc/regulatory/adjudicatory/ time-stamps the document and sends License No. SNM-2511. The NRC will hearing.html#participate. the submitter an email confirming approve the license renewal application III. Electronic Submissions (E-Filing) receipt of the document. The E-Filing if it determines that the application system also distributes an email that meets the standards and requirements of All documents filed in NRC provides access to the document to the the Atomic Energy Act of 1954, as adjudicatory proceedings including NRCs Office of the General Counsel and amended (the Act), and the NRCs documents filed by an interested State, any others who have advised the Office regulations. These findings will be local governmental body, Federally of the Secretary that they wish to documented in a safety evaluation recognized Indian Tribe, or designated participate in the proceeding, so that the report. The NRC will complete an agency thereof that requests to filer need not serve the document on environmental evaluation, in participate under 10 CFR 2.315(c), must those participants separately. Therefore, accordance with 10 CFR part 51, to be filed in accordance with 10 CFR applicants and other participants (or determine if the preparation of an 2.302. The E-Filing process requires their counsel or representative) must environmental impact statement is participants to submit and serve all apply for and receive a digital ID warranted or if an environmental adjudicatory documents over the certificate before adjudicatory assessment and finding of no significant internet, or in some cases, to mail copies documents are filed to obtain access to impact are appropriate. This action will on electronic storage media, unless an the documents via the E-Filing system.
be the subject of a subsequent notice in exemption permitting an alternative A person filing electronically using the Federal Register. filing method, as further discussed, is the NRCs adjudicatory E-Filing system granted. Detailed guidance on electronic may seek assistance by contacting the II. Opportunity To Request a Hearing submissions is located in the Guidance NRCs Electronic Filing Help Desk and Petition for Leave To Intervene for Electronic Submissions to the NRC through the Contact Us link located Within 60 days after the date of (ADAMS Accession No. ML13031A056) on the NRCs public website at https://
publication of this notice, any person and on the NRCs public website at www.nrc.gov/site-help/e-submittals.
(petitioner) whose interest may be https://www.nrc.gov/site-help/e- html, by email to MSHD.Resource@
affected by this action may file a request submittals.html. nrc.gov, or by a toll-free call at 1 866 for a hearing and petition for leave to To comply with the procedural 672-7640. The NRC Electronic Filing intervene (petition) with respect to the requirements of E-Filing, at least 10 Help Desk is available between 9:00 action. Petitions shall be filed in days prior to the filing deadline, the a.m. and 6:00 p.m., ET, Monday through accordance with the Commissions participant should contact the Office of Friday, except Federal holidays.
Agency Rules of Practice and the Secretary by email at Participants who believe that they Procedure in 10 CFR part 2. If a Hearing.Docket@nrc.gov, or by have good cause for not submitting petition is filed, the presiding officer telephone at 301-415-1677, to (1) documents electronically must file an khammond on DSKJM1Z7X2PROD with NOTICES will rule on the petition and, if request a digital identification (ID) exemption request, in accordance with appropriate, a notice of a hearing will be certificate, which allows the participant 10 CFR 2.302(g), with their initial paper issued. (or its counsel or representative) to filing stating why there is good cause for Petitions must be filed no later than digitally sign submissions and access not filing electronically and requesting 60 days from the date of publication of the E-Filing system for any proceeding authorization to continue to submit this notice in accordance with the filing in which it is participating; and (2) documents in paper format. Such filings instructions in the Electronic advise the Secretary that the participant must be submitted in accordance with Submissions (E-Filing) section of this will be submitting a petition or other 10 CFR 2.302(b)-(d). Participants filing VerDate Sep<11>2014 17:32 Jan 09, 2023 Jkt 259001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1
Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices 1433 adjudicatory documents in this manner dockets, and is considering an
- NRCs PDR: You may examine and are responsible for serving their application for the renewal of Facility purchase copies of public documents, documents on all other participants. Operating License No. R-33, submitted by appointment, at the NRCs PDR, Participants granted an exemption by GE-Hitachi Nuclear Energy Americas, Room P1 B35, One White Flint North, under 10 CFR 2.302(g)(2) must still meet LLC (the licensee), dated November 19, 11555 Rockville Pike, Rockville, the electronic formatting requirement in 2020, as supplemented. The renewed Maryland 20852. To make an 10 CFR 2.302(g)(1), unless the license would authorize the licensee to appointment to visit the PDR, please participant also seeks and is granted an operate the GE-Hitachi Nuclear Test send an email to PDR.Resource@nrc.gov exemption from 10 CFR 2.302(g)(1). Reactor at a maximum steady-state or call 1-800-397-4209 or 301-415-Documents submitted in adjudicatory thermal power of 100 kilowatts for an 4737, between 8:00 a.m. and 4:00 p.m.
proceedings will appear in the NRCs additional 20 years from the date of Eastern Time (ET), Monday through electronic hearing docket, which is issuance. The GE-Hitachi Nuclear Test Friday, except Federal holidays.
publicly available at https:// Reactor is located at the GE Hitachi FOR FURTHER INFORMATION CONTACT:
adams.nrc.gov/ehd, unless excluded Nuclear Energy, Vallecitos Nuclear Duane Hardesty, Office of Nuclear pursuant to an order of the presiding Center in Sunol, California. Because this Reactor Regulation, U.S. Nuclear officer. If you do not have an NRC- application contains sensitive Regulatory Commission, Washington, issued digital ID certificate as unclassified non-safeguards information DC 20555-0001, telephone: 301-415-previously described, click cancel (SUNSI), an order imposes procedures 3724, email: Duane.Hardesty@nrc.gov.
when the link requests certificates and to obtain access to SUNSI for contention you will be automatically directed to the SUPPLEMENTARY INFORMATION:
preparation.
NRCs electronic hearing dockets where I. Introduction you will be able to access any publicly DATES: A request for a hearing or available documents in a particular petition for leave to intervene must be On November 19, 2020, as hearing docket. Participants are filed by March 13, 2023. Any potential supplemented by various letters requested not to include personal party as defined in section 2.4 of title 10 referenced in the Availability of privacy information such as social of the Code of Federal Regulations (10 Documents section of this document, security numbers, home addresses, or CFR) who believes access to SUNSI is GE-Hitachi Nuclear Energy Americas, personal phone numbers in their filings necessary to respond to this notice must LLC filed with the NRC pursuant to unless an NRC regulation or other law request document access by January 20, Section 104 of the Atomic Energy Act of requires submission of such 2023. 1954, as amended, and part 50 of title information. With respect to 10 of the Code of Federal Regulations ADDRESSES: Please refer to Docket ID copyrighted works, except for limited (10 CFR), Domestic Licensing of NRC-2022-0173 when contacting the excerpts that serve the purpose of the Production and Utilization Facilities, NRC about the availability of adjudicatory filings and would an application to renew Facility information regarding this document.
constitute a Fair Use application, Operating License No. R-33 for the GE-You may obtain publicly available participants should not include Hitachi Nuclear Test Reactor located in information related to this document copyrighted materials in their Sunol, California.
using any of the following methods:
submission. Based on its initial review of the
- Federal Rulemaking Website: Go to application, as supplemented, the NRC Dated: January 5, 2023. https://www.regulations.gov and search staff has determined that the licensee For the Nuclear Regulatory Commission. for Docket ID NRC-2022-0173. Address has submitted sufficient information in Kristina L. Banovac, questions about Docket IDs in accordance with 10 CFR 50.33 and Acting Chief, Storage and Transportation Regulations.gov to Stacy Schumann; 50.34 to enable the staff to undertake a Licensing Branch, Division of Fuel telephone: 301-415-0624; email: review of the application, and that the Management, Office of Nuclear Material Stacy.Schumann@nrc.gov. For technical Safety and Safeguards.
application is therefore acceptable for questions, contact the individual listed docketing. The current Docket No. 50-
[FR Doc. 2023-00295 Filed 1-9-23; 8:45 am] in the FOR FURTHER INFORMATION 073 for Facility Operating License No.
BILLING CODE 7590-01-P CONTACT section of this document. R-33 will be retained. The
- NRCs Agencywide Documents determination to accept the application Access and Management System for docketing does not constitute a NUCLEAR REGULATORY (ADAMS): You may obtain publicly determination that a renewed license COMMISSION available documents online in the should be issued and does not preclude
[Docket No.50-073; NRC-2022-0173] ADAMS Public Documents collection at the NRC staff from requesting additional https://www.nrc.gov/reading-rm/ information as the review proceeds.
GE-Hitachi Nuclear Energy Americas, adams.html. To begin the search, select Prior to a decision to renew the license, LLC; GE-Hitachi Nuclear Test Reactor Begin Web-based ADAMS Search. For the NRC will make the findings required AGENCY: Nuclear Regulatory problems with ADAMS, please contact by the Atomic Energy Act of 1954, as Commission. the NRCs Public Document Room (PDR) amended, and the Commissions rules ACTION: License renewal application; reference staff at 1-800-397-4209, 301- and regulations.
docketing; opportunity to request a 415-4737, or by email to PDR.Resource@nrc.gov. For the II. Availability of Documents hearing and to petition for leave to khammond on DSKJM1Z7X2PROD with NOTICES intervene; order imposing procedures. convenience of the reader, instructions The documents identified in the about obtaining materials referenced in following table are available to
SUMMARY
- The U.S. Nuclear Regulatory this document are provided in the interested persons through the method Commission (NRC) staff accepts, Availability of Documents section. indicated.
Document description ADAMS accession No.
GE Hitachi Nuclear EnergyGE Nuclear Test Reactor License Renewal (R-33), dated November 19, 2020 .......... ML20325A193 (Package).
VerDate Sep<11>2014 17:32 Jan 09, 2023 Jkt 259001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1