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| number = ML110320093 | | number = ML110320093 | ||
| issue date = 11/17/2010 | | issue date = 11/17/2010 | ||
| title = | | title = Federal Register Notice (75 Fr 70305) Re Point Beach Units 1 and 2, Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing | ||
| author name = | | author name = | ||
| author affiliation = NRC/SECY | | author affiliation = NRC/SECY | ||
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=Text= | =Text= | ||
{{#Wiki_filter: | {{#Wiki_filter:Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70305 pdr.resource@nrc.gov, or by calling the You can access publicly available changes to the maximum licensed PDR at 1-800-397-4209, or from the documents related to this notice using reactor core thermal power, reactor core Publicly Available Records System the following methods: safety limits, constant axial offset (PARS) component of NRCs document NRCs Public Document Room (PDR): control operating strategy, reactor system (ADAMS) which is accessible The public may examine, and have protection system and engineered safety from the NRC Web site at http:// copied for a fee, publicly available feature actuation system, limited safety www.nrc.gov/reading-rm/adams.html or documents at the NRCs PDR, Room O1- system setting values, and diesel http://www.nrc.gov/reading-rm/doc- F21, One White Flint North, 11555 generator (DG) start loss of voltage time ollections/ACRS/. Rockville Pike, Rockville, Maryland delays. Additional TS changes include Video teleconferencing service is 20852. reactor coolant system flow rate, available for observing open sessions of NRCs Agencywide Documents Access pressurizer operating level, pressurizer ACRS meetings. Those wishing to use and Management System (ADAMS): safety valve settings, accumulator and this service for observing ACRS Publicly available documents created or refueling water storage tank boron meetings should contact Mr. Theron received at the NRC are available concentrations, main steam safety valve Brown, ACRS Audio Visual Technician electronically at the NRCs Electronic maximum allowable power level and lift (301-415-8066), between 7:30 a.m. and Reading Room at http://www.nrc.gov/ settings, new main feedwater isolation 3:45 p.m. (ET), at least 10 days before reading-rm/adams.html. From this page, valves, modifications to the auxiliary the meeting to ensure the availability of the public can gain entry into ADAMS, feedwater system, condensate storage this service. which provides text and image files of tank level, and Core Operating Limits Individuals or organizations NRCs public documents. If you do not Report references. | ||
requesting this service will be have access to ADAMS or if there are A high energy line break (HELB) responsible for telephone line charges problems in accessing the documents outside containment program has been and for providing the equipment and located in ADAMS, contact the NRCs reconstituted to ensure documentation facilities that they use to establish the PDR reference staff at 1-800-397-4209, demonstrates compliance with the video teleconferencing link. The 301-415-4737, or by e-mail to plants license basis. The review of the availability of video teleconferencing pdr.resource@nrc.gov. The application EPU license amendment request will services is not guaranteed. for amendment, dated April 7, 2009, include the HELB reconstitution to contains proprietary information and, verify compliance with the licensing Dated: November 10, 2010. basis and acceptability for EPU Andrew L. Bates, accordingly, those portions are being withheld from public disclosure. A conditions. The HELB evaluations have Advisory Committee Management Officer. been re-evaluated at EPU conditions redacted version of the application for | |||
Publicly Available Records System (PARS) component of | |||
system (ADAMS) which is accessible | |||
from the NRC Web site at http:// www.nrc.gov/reading-rm/adams.html or http://www.nrc.gov/reading-rm/doc- | |||
ollections/ACRS/. | |||
Video teleconferencing service is available for observing open sessions of | |||
ACRS meetings. Those wishing to use | |||
this service for observing ACRS | |||
meetings should contact Mr. Theron | |||
Brown, ACRS Audio Visual Technician | |||
(301-415-8066), between 7:30 a.m. and | |||
3:45 p.m. (ET), at least 10 days before | |||
the meeting to ensure the availability of | |||
this service. | |||
Individuals or organizations requesting this service will be | |||
responsible for telephone line charges | |||
and for providing the equipment and | |||
facilities that they use to establish the | |||
video teleconferencing link. The | |||
availability of video teleconferencing | |||
services is not guaranteed. | |||
Dated: November 10, 2010. | |||
Andrew L. Bates, Advisory Committee Management Officer. | |||
[FR Doc. 2010-28961 Filed 11-16-10; 8:45 am] | [FR Doc. 2010-28961 Filed 11-16-10; 8:45 am] | ||
BILLING CODE 7590-01-P | amendment, dated April 7, 2009, is using the following: (1) Implementation BILLING CODE 7590-01-P available electronically under ADAMS of NRC Generic Letter 87-11, Accession No. ML091250564. Relaxation in Arbitrary Intermediate Pipe Rupture Requirements, dated June FOR FURTHER INFORMATION CONTACT: | ||
NUCLEAR REGULATORY 19, 1987, and Branch Technical Position COMMISSION Terry A. Beltz, Senior Project Manager, MEB 3-1, Postulated Rupture Locations Plant Licensing Branch III-1, Division of in Fluid System Piping Inside and Operating Reactor Licensing, Office of | |||
[Docket Nos. 50-266 and 50-301; NRC- Outside Containment, Revision 2, 2010-0350] Nuclear Reactor Regulation, U.S. | |||
dated June 1987, (2) mass and energy Nuclear Regulatory Commission, released from a HELB, (3) compartment NextEra Energy Point Beach, LLC, Washington, DC 20555. Telephone: | |||
pressurization transient evaluation Point Beach Nuclear Plant, Units 1 and 301-415-3049; fax number: 301-415-following a HELB event, (4) jet 2; Notice of Consideration of Issuance 2102; e-mail: Terry.Beltz@nrc.gov. | |||
impingement from streams following a of Amendment to Facility Operating SUPPLEMENTARY INFORMATION: HELB event, and (5) operator response License, and Opportunity for a Hearing time evaluation. | |||
and Order Imposing Procedures for I. Introduction Document Access to Sensitive The NRC is considering issuance of an II. Opportunity To Request a Hearing Unclassified Non-Safeguards amendment to Facility Operating Requirements for hearing requests and Information License Nos. DPR-24 and DPR-27 petitions for leave to intervene are issued to NextEra Energy Point Beach, found in 10 CFR 2.309, Hearing AGENCY: Nuclear Regulatory LLC (the licensee) for operation of the requests, petitions to intervene, Commission (NRC or the Commission). Point Beach Nuclear Plant (PBNP), requirements for standing, and ACTION: Notice of license amendment Units 1 and 2, located in Manitowac contentions. Interested persons should request, opportunity to request a County, Wisconsin. consult 10 CFR part 2, Section 2.309, hearing, and Commission order. The proposed amendment would which is available at the NRCs PDR increase the licensed core power level located at O1-F21, One White Flint DATES: A request for a hearing must be for PBNP Units 1 and 2 from 1540 North, 11555 Rockville Pike, Rockville, filed by January 18, 2011. Any potential megawatts thermal (MWt) to 1800 MWt. MD 20852 (or call the PDR at 800-397-party as defined in Title 10 of the Code The increase in core thermal power will 4209 or 301-415-4737). NRC of Federal Regulations (CFR) 2.4 who be approximately 17 percent over the regulations are also accessible believes access to Sensitive Unclassified mstockstill on DSKH9S0YB1PROD with NOTICES current licensed thermal power level electronically from the NRCs Electronic Non-Safeguards Information and/or and is categorized as an Extended Power Reading Room on the NRC Web site at Safeguards Information is necessary to Uprate (EPU). The proposed amendment http://www.nrc.gov. | |||
respond to this notice must request would change the Renewed Facility document access by November 29, 2010. Operating Licenses, the Technical III. Petitions for Leave To Intervene ADDRESSES: Please include Docket ID Specifications (TSs) and licensing bases Any person whose interest may be NRC-2010-0350 in the subject line of to support operation at the increased affected by this proceeding and who your comments. core thermal power level, including wishes to participate as a party in the VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1 | |||
and | |||
located in | |||
amendment, | |||
301-415- | |||
and is categorized as an Extended Power | |||
Uprate (EPU). The proposed amendment | |||
would change the Renewed Facility | |||
Specifications (TSs) and licensing bases | |||
to support operation at the increased | |||
core thermal power level, including | |||
this | 70306 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices proceeding must file a written petition proven, would entitle the requestor/ If a hearing is requested, the for leave to intervene. As required by 10 petitioner to relief. Commission will make a final CFR 2.309, a petition for leave to Those permitted to intervene become determination on the issue of no intervene shall set forth with parties to the proceeding, subject to any significant hazards consideration. The particularity the interest of the limitations in the order granting leave to final determination will serve to decide requestor/petitioner in the proceeding intervene, and have the opportunity to when the hearing is held. If the final and how that interest may be affected by participate fully in the conduct of the determination is that the amendment the results of the proceeding. The hearing with respect to resolution of request involves no significant hazards petition must provide the name, that persons admitted contentions, consideration, the Commission may address, and telephone number of the including the opportunity to present issue the amendment and make it requestor or petitioner and specifically evidence and to submit a cross- immediately effective, notwithstanding explain the reasons why the examination plan for cross-examination the request for a hearing. Any hearing intervention should be permitted with of witnesses, consistent with NRC held would take place after issuance of particular reference to the following regulations, policies, and procedures. the amendment. If the final factors: (1) The nature of the requestors/ The Atomic Safety and Licensing Board determination is that the amendment petitioners right under the Atomic (the Board) will set the time and place request involves a significant hazards Energy Act of 1954, as amended, to be for any prehearing conferences and consideration, then any hearing held made a party to the proceeding; (2) the evidentiary hearings, and the would take place before the issuance of nature and extent of the requestors/ appropriate notices will be provided. any amendment. | ||
petitioners property, financial, or other Non-timely petitions for leave to intervene and contentions, amended IV. Electronic Submissions (E-Filing) interest in the proceeding; and (3) the possible effect of any decision or order petitions, and supplemental petitions All documents filed in NRC which may be entered in the proceeding will not be entertained absent a adjudicatory proceedings, including a on the requestors/petitioners interest. determination by the Commission, the request for hearing, a petition for leave The petition must also identify the Board or a presiding officer that the to intervene, any motion or other specific contentions which the petition should be granted and/or the document filed in the proceeding prior requestor/petitioner seeks to have contentions should be admitted based to the submission of a request for litigated at the proceeding. upon a balancing of the factors specified hearing or petition to intervene, and in 10 CFR 2.309(c)(1)(i)-(viii). documents filed by interested A petition for leave to intervene must A State, county, municipality, governmental entities participating also include a specification of the Federally-recognized Indian Tribe, or under 10 CFR 2.315(c), must be filed in contentions that the petitioner seeks to agencies thereof, may submit a petition accordance with the NRC E-Filing rule have litigated in the hearing. For each to the Commission to participate as a (72 FR 49139, August 28, 2007). The E-contention, the requestor/petitioner party under 10 CFR 2.309(d)(2). The Filing process requires participants to must provide a specific statement of the petition should state the nature and submit and serve all adjudicatory issue of law or fact to be raised or extent of the petitioners interest in the documents over the Internet, or in some controverted, as well as a brief proceeding. The petition should be cases to mail copies on electronic explanation of the basis for the submitted to the Commission by January storage media. Participants may not contention. Additionally, the requestor/ 18, 2011. The petition must be filed in submit paper copies of their filings petitioner must demonstrate that the accordance with the filing instructions unless they seek an exemption in issue raised by each contention is in Section IV of this document, and accordance with the procedures within the scope of the proceeding and should meet the requirements for described below. | |||
is material to the findings the NRC must petitions for leave to intervene set forth To comply with the procedural make to support the granting of a license in this section, except that State and requirements of E-Filing, at least ten amendment in response to the Federally-recognized Indian Tribes do (10) days prior to the filing deadline, the application. The petition must include a not need to address the standing participant should contact the Office of concise statement of the alleged facts or requirements in 10 CFR 2.309(d)(1) if the Secretary by e-mail at expert opinions which support the the facility is located within its hearing.docket@nrc.gov, or by telephone position of the requestor/petitioner and boundaries. The entities listed above at 301-415-1677, to request (1) a digital on which the requestor/petitioner could also seek to participate in a ID certificate, which allows the intends to rely at hearing, together with hearing as a nonparty pursuant to 10 participant (or its counsel or references to the specific sources and CFR 2.315(c). representative) to digitally sign documents on which the requestor/ Any person who does not wish, or is documents and access the E-Submittal petitioner intends to rely. Finally, the not qualified, to become a party to this server for any proceeding in which it is petition must provide sufficient proceeding may request permission to participating; and (2) advise the information to show that a genuine make a limited appearance pursuant to Secretary that the participant will be dispute exists with the applicant on a the provisions of 10 CFR 2.315(a). A submitting a request or petition for material issue of law or fact, including person making a limited appearance hearing (even in instances in which the references to specific portions of the may make an oral or written statement participant, or its counsel or application for amendment that the of position on the issues, but may not representative, already holds an NRC-requestor/petitioner disputes and the otherwise participate in the proceeding. issued digital ID certificate). Based upon mstockstill on DSKH9S0YB1PROD with NOTICES supporting reasons for each dispute, or, A limited appearance may be made at this information, the Secretary will if the requestor/petitioner believes that any session of the hearing or at any establish an electronic docket for the the application for amendment fails to prehearing conference, subject to such hearing in this proceeding if the contain information on a relevant matter limits and conditions as may be Secretary has not already established an as required by law, the identification of imposed by the Board. Persons desiring electronic docket. | |||
each failure and the supporting reasons to make a limited appearance are Information about applying for a for the requestors/petitioners belief. requested to inform the Secretary of the digital ID certificate is available on Each contention must be one which, if Commission by January 18, 2011. NRCs public Web site at http:// | |||
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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70307 www.nrc.gov/site-help/e-submittals/ system may seek assistance by Petitions for leave to intervene must apply-certificates.html. System contacting the NRC Meta System Help be filed no later than 60 days from requirements for accessing the E- Desk through the Contact Us link November 17, 2010. Non-timely filings Submittal server are detailed in NRCs located on the NRC Web site at http:// will not be entertained absent a Guidance for Electronic Submission, www.nrc.gov/site-help/e- determination by the presiding officer which is available on the agencys submittals.html, by e-mail at that the petition or request should be public Web site at http://www.nrc.gov/ MSHD.Resource@nrc.gov, or by a toll- granted or the contentions should be site-help/e-submittals.html. Participants free call at 866-672-7640. The NRC admitted, based on a balancing of the may attempt to use other software not Meta System Help Desk is available factors specified in 10 CFR listed on the Web site, but should note between 8 a.m. and 8 p.m., Eastern 2.309(c)(1)(i)-(viii). | |||
that the NRCs E-Filing system does not Time, Monday through Friday, Attorney for licensee: William Blair, support unlisted software, and the NRC excluding government holidays. Senior Attorney, NextEra Energy Point Meta System Help Desk will not be able Participants who believe that they Beach, LLC, P.O. Box 14000, Juno to offer assistance in using unlisted have a good cause for not submitting Beach, FL 33408-0420. | |||
software. documents electronically must file an If a participant is electronically Order Imposing Procedures for Access exemption request, in accordance with to Sensitive Unclassified Non-submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper accordance with the E-Filing rule, the Safeguards Information for Contention filing requesting authorization to Preparation participant must file the document continue to submit documents in paper using the NRCs online, Web-based format. Such filings must be submitted A. This Order contains instructions submission form. In order to serve by: (1) First-class mail addressed to the regarding how potential parties to this documents through the Electronic Office of the Secretary of the proceeding may request access to Information Exchange System, users Commission, U.S. Nuclear Regulatory documents containing Sensitive will be required to install a Web Commission, Washington, DC 20555- Unclassified Non-Safeguards browser plug-in from the NRC Web site. 0001, Attention: Rulemaking and Information (SUNSI). | |||
Further information on the Web-based Adjudications Staff; or (2) courier, B. Within 10 days after publication of submission form, including the express mail, or expedited delivery this notice of hearing and opportunity to installation of the Web browser plug-in, service to the Office of the Secretary, petition for leave to intervene, any is available on the NRCs public Web Sixteenth Floor, One White Flint North, potential party who believes access to site at http://www.nrc.gov/site-help/e- SUNSI is necessary to respond to this 11555 Rockville Pike, Rockville, submittals.html. notice may request such access. A Maryland 20852, Attention: Rulemaking Once a participant has obtained a and Adjudications Staff. Participants potential party is any person who digital ID certificate and a docket has filing a document in this manner are intends to participate as a party by been created, the participant can then responsible for serving the document on demonstrating standing and filing an submit a request for hearing or petition all other participants. Filing is admissible contention under 10 CFR for leave to intervene. Submissions considered complete by first-class mail 2.309. Requests for access to SUNSI should be in Portable Document Format (PDF) in accordance with NRC guidance as of the time of deposit in the mail, or submitted later than 10 days after available on the NRC public Web site at by courier, express mail, or expedited publication will not be considered http://www.nrc.gov/site-help/e- delivery service upon depositing the absent a showing of good cause for the submittals.html. A filing is considered document with the provider of the late filing, addressing why the request complete at the time the documents are service. A presiding officer, having could not have been filed earlier. | |||
submitted through the NRCs E-Filing granted an exemption request from C. The requestor shall submit a letter system. To be timely, an electronic using E-Filing, may require a participant requesting permission to access SUNSI filing must be submitted to the E-Filing or party to use E-Filing if the presiding to the Office of the Secretary, U.S. | |||
system no later than 11:59 p.m. Eastern officer subsequently determines that the Nuclear Regulatory Commission, Time on the due date. Upon receipt of reason for granting the exemption from Washington, DC 20555-0001, Attention: | |||
a transmission, the E-Filing system use of E-Filing no longer exists. Rulemakings and Adjudications Staff, time-stamps the document and sends Documents submitted in adjudicatory and provide a copy to the Associate the submitter an e-mail notice proceedings will appear in NRCs General Counsel for Hearings, confirming receipt of the document. The electronic hearing docket which is Enforcement and Administration, Office E-Filing system also distributes an e- available to the public at http:// of the General Counsel, Washington, DC mail notice that provides access to the ehd.nrc.gov/EHD_Proceeding/home.asp, 20555-0001. The expedited delivery or document to the NRC Office of the unless excluded pursuant to an order of courier mail address for both offices is: | |||
General Counsel and any others who the Commission, or the presiding U.S. Nuclear Regulatory Commission, have advised the Office of the Secretary officer. Participants are requested not to 11555 Rockville Pike, Rockville, that they wish to participate in the include personal privacy information, Maryland 20852. The e-mail address for proceeding, so that the filer need not such as social security numbers, home the Office of the Secretary and the serve the documents on those addresses, or home phone numbers in Office of the General Counsel are participants separately. Therefore, their filings, unless an NRC regulation Hearing.Docket@nrc.gov and applicants and other participants (or or other law requires submission of such OGCmailcenter@nrc.gov, respectively.1 The request must include the following mstockstill on DSKH9S0YB1PROD with NOTICES their counsel or representative) must information. With respect to apply for and receive a digital ID copyrighted works, except for limited information: | |||
certificate before a hearing request/ excerpts that serve the purpose of the petition to intervene is filed so that they adjudicatory filings and would 1 While a request for hearing or petition to can obtain access to the document via constitute a Fair Use application, intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the the E-Filing system. participants are requested not to include initial request to access SUNSI under these A person filing electronically using copyrighted materials in their procedures should be submitted as described in this the agencys adjudicatory E-Filing submission. paragraph. | |||
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70308 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices (1) A description of the licensing the unauthorized or inadvertent granting access to SUNSI whose release action with a citation to this Federal disclosure of SUNSI by each individual would harm that partys interest Register notice; who will be granted access to SUNSI. independent of the proceeding. Such a (2) The name and address of the F. Filing of Contentions. Any challenge must be filed with the Chief potential party and a description of the contentions in these proceedings that Administrative Judge within 5 days of potential partys particularized interest are based upon the information received the notification by the NRC staff of its that could be harmed by the action as a result of the request made for grant of access. | |||
identified in C.(1); SUNSI must be filed by the requestor no If challenges to the NRC staff (3) The identity of the individual or later than 25 days after the requestor is determinations are filed, these entity requesting access to SUNSI and granted access to that information. procedures give way to the normal the requestors basis for the need for the However, if more than 25 days remain process for litigating disputes information in order to meaningfully between the date the petitioner is concerning access to information. The participate in this adjudicatory granted access to the information and availability of interlocutory review by proceeding. In particular, the request the deadline for filing all other the Commission of orders ruling on must explain why publicly-available contentions (as established in the notice such NRC staff determinations (whether versions of the information requested of hearing or opportunity for hearing), granting or denying access) is governed would not be sufficient to provide the the petitioner may file its SUNSI by 10 CFR 2.311.3 basis and specificity for a proffered contentions by that later deadline. I. The Commission expects that the contention; G. Review of Denials of Access. NRC staff and presiding officers (and D. Based on an evaluation of the (1) If the request for access to SUNSI any other reviewing officers) will information submitted under paragraph is denied by the NRC staff either after consider and resolve requests for access C.(3) the NRC staff will determine a determination on standing and need to SUNSI, and motions for protective within 10 days of receipt of the request for access, or after a determination on orders, in a timely fashion in order to whether: trustworthiness and reliability, the NRC minimize any unnecessary delays in (1) There is a reasonable basis to staff shall immediately notify the identifying those petitioners who have believe the petitioner is likely to requestor in writing, briefly stating the standing and who have propounded establish standing to participate in this reason or reasons for the denial. contentions meeting the specificity and NRC proceeding; and (2) The requestor may challenge the basis requirements in 10 CFR part 2. | |||
(2) The requestor has established a NRC staffs adverse determination by Attachment 1 to this Order summarizes legitimate need for access to SUNSI. filing a challenge within 5 days of the general target schedule for E. If the NRC staff determines that the receipt of that determination with: (a) processing and resolving requests under requestor satisfies both D.(1) and D.(2) The presiding officer designated in this these procedures. | |||
above, the NRC staff will notify the proceeding; (b) if no presiding officer It is so ordered. | |||
requestor in writing that access to has been appointed, the Chief Dated at Rockville, Maryland, November SUNSI has been granted. The written Administrative Judge, or if he or she is 10, 2010. | |||
notification will contain instructions on unavailable, another administrative For the Commission. | |||
how the requestor may obtain copies of judge, or an administrative law judge Annette L. Vietti-Cook, the requested documents, and any other with jurisdiction pursuant to 10 CFR Secretary of the Commission. | |||
conditions that may apply to access to 2.318(a); or (c) if another officer has those documents. These conditions may been designated to rule on information ATTACHMENT 1General Target include, but are not limited to, the access issues, with that officer. Schedule for Processing and Resolving signing of a Non-Disclosure Agreement H. Review of Grants of Access. A Requests for Access to Sensitive or Affidavit, or Protective Order 2 setting party other than the requestor may Unclassified Non-Safeguards forth terms and conditions to prevent challenge an NRC staff determination Information in this Proceeding Day Event/Activity 0 ...................................................... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, includ-ing order with instructions 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. | |||
60 .................................................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) All contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 re-questor/petitioner reply). | |||
20 .................................................... 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 informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). | |||
mstockstill on DSKH9S0YB1PROD with NOTICES 2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline staff determinations (because they must be served Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. on a presiding officer or the Commission, as 3 Requestors should note that the filing be filed with the presiding officer or the Chief applicable), but not to the initial SUNSI request Administrative Judge if the presiding officer has not requirements of the NRCs E-Filing Rule (72 FR submitted to the NRC staff under these procedures. | |||
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Markets | Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70309 Day Event/Activity 25 .................................................... If NRC staff finds no need or no likelihood of standing, the deadline for requestor/petitioner to file a mo-tion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access deter-mination with the presiding officer (or Chief Administrative Judge or other designated officer, as appro-priate). 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 seek-ing 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 infor-mation 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 con-tentions) 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 protective order. | |||
A + 28 ............................................. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hear-ing), the petitioner may file its SUNSI contentions by that later deadline. | |||
A + 53 ............................................. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. | |||
A + 60 ............................................. (Answer receipt +7) Petitioner/Intervenor reply to answers. | |||
>A + 60 ........................................... Decision on contention admission. | |||
[FR Doc. 2010-28963 Filed 11-16-10; 8:45 am] T (17 CFR 249.1300T) to temporarily registration is rescinded by the BILLING CODE 7590-01-P register or withdraw from temporary Commission; or (3) December 31, 2011. | |||
registration. Paragraph (f) of Rule 15Ba2-6T Paragraph (b)(1) of Rule 15Ba2-6T provides that Rule 15Ba2-6T will expire SECURITIES AND EXCHANGE requires municipal advisors to promptly on December 31, 2011. | |||
COMMISSION amend their temporary registration The primary purpose of Rule 15Ba2-whenever information concerning Items 6T is to provide information about Proposed Collection; Comment 1 (Identifying Information) or 3 municipal advisors to investors and Request (Disciplinary Information) of Form MA- issuers, as well as the Commission T becomes inaccurate in anyway. pursuant to the Dodd-Frank Wall Street Upon Written Request, Copies Available Paragraph (b)(2) of Rule 15Ba2-6T Reform and Consumer Protection Act. | |||
From: U.S. Securities and Exchange requires municipal advisors to promptly Commission staff estimates that Commission, Office of Investor amend their temporary registration approximately 1,000 municipal advisors Education and Advocacy, whenever they wish to withdraw from will file Form MA-T. Commission staff Washington, DC 20549-0213. | |||
registration. estimates that each of the approximately Extension: Paragraph (c) of Rule 15Ba2-6T 1,000 municipal advisors will spend an Rule 15Ba2-6T; OMB Control No. 3235- provides that every initial registration, average of 2.5 hours preparing each 0659; SEC File No. 270-618. amendment to registration, or Form MA-T. Therefore, the estimated Notice is hereby given that pursuant withdrawal from registration filed total reporting burden associated with to the Paperwork Reduction Act of 1995 pursuant to this rule constitutes a completing Form MA-T is 2,500 hours. | |||
(44 U.S.C. 3501 et seq.), the Securities report within the meaning of Additionally, Commission staff and Exchange Commission applicable provisions of the Exchange estimates that approximately 1,000 (Commission) is soliciting comments Act. municipal advisors will amend their on the existing collection of information Paragraph (d) of Rule 15Ba2-6T Form MA-T once during the period of provided for in the following rule: Rule provides that every Form MA-T, September 1, 2010 through December 15Ba2-6TTemporary Registration as a including every amendment to or 31, 2011 and that it will take Municipal Advisor; Required withdrawal from registration, is approximately 30 minutes to amend Amendments; and Withdrawal from considered filed with the Commission their form, which means the total Temporary Registration (17 CFR when the electronic form on the burden associated with amending Form 240.15Ba2-6T) under the Securities Commissions website is completed and MA-T is 500 hours. Therefore, the total Exchange Act of 1934 (15 U.S.C. 78a et the Commission has sent confirmation annual burden associated with seq.) (Exchange Act). The Commission to the municipal advisor that the form completing and amending Form MA-T plans to submit this existing collection was filed. is 3,000 hours. | |||
of information to the Office of Paragraph (e) of Rule 15Ba2-6T The Commission believes that some Management and Budget (OMB) for provides that all temporary registrations municipal advisors will seek outside extension and approval. of municipal advisors will expire on the counsel to help them comply with the mstockstill on DSKH9S0YB1PROD with NOTICES Paragraph (a) of Rule 15Ba2-6T earlier of: (1) The date that the requirements of Rule 15Ba2-6T and requires municipal advisors, as defined registration is approved or disapproved Form MA-T, and assumes that each of in Section 15B(e)(4) of the Exchange Act by the Commission pursuant to a final the 1,000 municipal advisors will (15 U.S.C. 78o-4(e)(4)), to electronically rule adopted by the Commission consult outside counsel for one hour for file with the Commission on the establishing another manner of this purpose. The hourly rate for an Commissions Web site at the following registration and prescribing a form for attorney is $400, according to the link, Municipal Advisor Registration. the registration; (2) the date on which Securities Industry and Financial The information set forth in Form MA- the municipal advisors temporary Markets Associations publication titled VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1}} |
Latest revision as of 10:59, 6 December 2019
ML110320093 | |
Person / Time | |
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Site: | Point Beach ![]() |
Issue date: | 11/17/2010 |
From: | NRC/SECY |
To: | |
SECY/RAS | |
References | |
50-266-OLA, 50-301-OLA | |
Download: ML110320093 (5) | |
Text
Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70305 pdr.resource@nrc.gov, or by calling the You can access publicly available changes to the maximum licensed PDR at 1-800-397-4209, or from the documents related to this notice using reactor core thermal power, reactor core Publicly Available Records System the following methods: safety limits, constant axial offset (PARS) component of NRCs document NRCs Public Document Room (PDR): control operating strategy, reactor system (ADAMS) which is accessible The public may examine, and have protection system and engineered safety from the NRC Web site at http:// copied for a fee, publicly available feature actuation system, limited safety www.nrc.gov/reading-rm/adams.html or documents at the NRCs PDR, Room O1- system setting values, and diesel http://www.nrc.gov/reading-rm/doc- F21, One White Flint North, 11555 generator (DG) start loss of voltage time ollections/ACRS/. Rockville Pike, Rockville, Maryland delays. Additional TS changes include Video teleconferencing service is 20852. reactor coolant system flow rate, available for observing open sessions of NRCs Agencywide Documents Access pressurizer operating level, pressurizer ACRS meetings. Those wishing to use and Management System (ADAMS): safety valve settings, accumulator and this service for observing ACRS Publicly available documents created or refueling water storage tank boron meetings should contact Mr. Theron received at the NRC are available concentrations, main steam safety valve Brown, ACRS Audio Visual Technician electronically at the NRCs Electronic maximum allowable power level and lift (301-415-8066), between 7:30 a.m. and Reading Room at http://www.nrc.gov/ settings, new main feedwater isolation 3:45 p.m. (ET), at least 10 days before reading-rm/adams.html. From this page, valves, modifications to the auxiliary the meeting to ensure the availability of the public can gain entry into ADAMS, feedwater system, condensate storage this service. which provides text and image files of tank level, and Core Operating Limits Individuals or organizations NRCs public documents. If you do not Report references.
requesting this service will be have access to ADAMS or if there are A high energy line break (HELB) responsible for telephone line charges problems in accessing the documents outside containment program has been and for providing the equipment and located in ADAMS, contact the NRCs reconstituted to ensure documentation facilities that they use to establish the PDR reference staff at 1-800-397-4209, demonstrates compliance with the video teleconferencing link. The 301-415-4737, or by e-mail to plants license basis. The review of the availability of video teleconferencing pdr.resource@nrc.gov. The application EPU license amendment request will services is not guaranteed. for amendment, dated April 7, 2009, include the HELB reconstitution to contains proprietary information and, verify compliance with the licensing Dated: November 10, 2010. basis and acceptability for EPU Andrew L. Bates, accordingly, those portions are being withheld from public disclosure. A conditions. The HELB evaluations have Advisory Committee Management Officer. been re-evaluated at EPU conditions redacted version of the application for
[FR Doc. 2010-28961 Filed 11-16-10; 8:45 am]
amendment, dated April 7, 2009, is using the following: (1) Implementation BILLING CODE 7590-01-P available electronically under ADAMS of NRC Generic Letter 87-11, Accession No. ML091250564. Relaxation in Arbitrary Intermediate Pipe Rupture Requirements, dated June FOR FURTHER INFORMATION CONTACT:
NUCLEAR REGULATORY 19, 1987, and Branch Technical Position COMMISSION Terry A. Beltz, Senior Project Manager, MEB 3-1, Postulated Rupture Locations Plant Licensing Branch III-1, Division of in Fluid System Piping Inside and Operating Reactor Licensing, Office of
[Docket Nos. 50-266 and 50-301; NRC- Outside Containment, Revision 2, 2010-0350] Nuclear Reactor Regulation, U.S.
dated June 1987, (2) mass and energy Nuclear Regulatory Commission, released from a HELB, (3) compartment NextEra Energy Point Beach, LLC, Washington, DC 20555. Telephone:
pressurization transient evaluation Point Beach Nuclear Plant, Units 1 and 301-415-3049; fax number: 301-415-following a HELB event, (4) jet 2; Notice of Consideration of Issuance 2102; e-mail: Terry.Beltz@nrc.gov.
impingement from streams following a of Amendment to Facility Operating SUPPLEMENTARY INFORMATION: HELB event, and (5) operator response License, and Opportunity for a Hearing time evaluation.
and Order Imposing Procedures for I. Introduction Document Access to Sensitive The NRC is considering issuance of an II. Opportunity To Request a Hearing Unclassified Non-Safeguards amendment to Facility Operating Requirements for hearing requests and Information License Nos. DPR-24 and DPR-27 petitions for leave to intervene are issued to NextEra Energy Point Beach, found in 10 CFR 2.309, Hearing AGENCY: Nuclear Regulatory LLC (the licensee) for operation of the requests, petitions to intervene, Commission (NRC or the Commission). Point Beach Nuclear Plant (PBNP), requirements for standing, and ACTION: Notice of license amendment Units 1 and 2, located in Manitowac contentions. Interested persons should request, opportunity to request a County, Wisconsin. consult 10 CFR part 2, Section 2.309, hearing, and Commission order. The proposed amendment would which is available at the NRCs PDR increase the licensed core power level located at O1-F21, One White Flint DATES: A request for a hearing must be for PBNP Units 1 and 2 from 1540 North, 11555 Rockville Pike, Rockville, filed by January 18, 2011. Any potential megawatts thermal (MWt) to 1800 MWt. MD 20852 (or call the PDR at 800-397-party as defined in Title 10 of the Code The increase in core thermal power will 4209 or 301-415-4737). NRC of Federal Regulations (CFR) 2.4 who be approximately 17 percent over the regulations are also accessible believes access to Sensitive Unclassified mstockstill on DSKH9S0YB1PROD with NOTICES current licensed thermal power level electronically from the NRCs Electronic Non-Safeguards Information and/or and is categorized as an Extended Power Reading Room on the NRC Web site at Safeguards Information is necessary to Uprate (EPU). The proposed amendment http://www.nrc.gov.
respond to this notice must request would change the Renewed Facility document access by November 29, 2010. Operating Licenses, the Technical III. Petitions for Leave To Intervene ADDRESSES: Please include Docket ID Specifications (TSs) and licensing bases Any person whose interest may be NRC-2010-0350 in the subject line of to support operation at the increased affected by this proceeding and who your comments. core thermal power level, including wishes to participate as a party in the VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1
70306 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices proceeding must file a written petition proven, would entitle the requestor/ If a hearing is requested, the for leave to intervene. As required by 10 petitioner to relief. Commission will make a final CFR 2.309, a petition for leave to Those permitted to intervene become determination on the issue of no intervene shall set forth with parties to the proceeding, subject to any significant hazards consideration. The particularity the interest of the limitations in the order granting leave to final determination will serve to decide requestor/petitioner in the proceeding intervene, and have the opportunity to when the hearing is held. If the final and how that interest may be affected by participate fully in the conduct of the determination is that the amendment the results of the proceeding. The hearing with respect to resolution of request involves no significant hazards petition must provide the name, that persons admitted contentions, consideration, the Commission may address, and telephone number of the including the opportunity to present issue the amendment and make it requestor or petitioner and specifically evidence and to submit a cross- immediately effective, notwithstanding explain the reasons why the examination plan for cross-examination the request for a hearing. Any hearing intervention should be permitted with of witnesses, consistent with NRC held would take place after issuance of particular reference to the following regulations, policies, and procedures. the amendment. If the final factors: (1) The nature of the requestors/ The Atomic Safety and Licensing Board determination is that the amendment petitioners right under the Atomic (the Board) will set the time and place request involves a significant hazards Energy Act of 1954, as amended, to be for any prehearing conferences and consideration, then any hearing held made a party to the proceeding; (2) the evidentiary hearings, and the would take place before the issuance of nature and extent of the requestors/ appropriate notices will be provided. any amendment.
petitioners property, financial, or other Non-timely petitions for leave to intervene and contentions, amended IV. Electronic Submissions (E-Filing) interest in the proceeding; and (3) the possible effect of any decision or order petitions, and supplemental petitions All documents filed in NRC which may be entered in the proceeding will not be entertained absent a adjudicatory proceedings, including a on the requestors/petitioners interest. determination by the Commission, the request for hearing, a petition for leave The petition must also identify the Board or a presiding officer that the to intervene, any motion or other specific contentions which the petition should be granted and/or the document filed in the proceeding prior requestor/petitioner seeks to have contentions should be admitted based to the submission of a request for litigated at the proceeding. upon a balancing of the factors specified hearing or petition to intervene, and in 10 CFR 2.309(c)(1)(i)-(viii). documents filed by interested A petition for leave to intervene must A State, county, municipality, governmental entities participating also include a specification of the Federally-recognized Indian Tribe, or under 10 CFR 2.315(c), must be filed in contentions that the petitioner seeks to agencies thereof, may submit a petition accordance with the NRC E-Filing rule have litigated in the hearing. For each to the Commission to participate as a (72 FR 49139, August 28, 2007). The E-contention, the requestor/petitioner party under 10 CFR 2.309(d)(2). The Filing process requires participants to must provide a specific statement of the petition should state the nature and submit and serve all adjudicatory issue of law or fact to be raised or extent of the petitioners interest in the documents over the Internet, or in some controverted, as well as a brief proceeding. The petition should be cases to mail copies on electronic explanation of the basis for the submitted to the Commission by January storage media. Participants may not contention. Additionally, the requestor/ 18, 2011. The petition must be filed in submit paper copies of their filings petitioner must demonstrate that the accordance with the filing instructions unless they seek an exemption in issue raised by each contention is in Section IV of this document, and accordance with the procedures within the scope of the proceeding and should meet the requirements for described below.
is material to the findings the NRC must petitions for leave to intervene set forth To comply with the procedural make to support the granting of a license in this section, except that State and requirements of E-Filing, at least ten amendment in response to the Federally-recognized Indian Tribes do (10) days prior to the filing deadline, the application. The petition must include a not need to address the standing participant should contact the Office of concise statement of the alleged facts or requirements in 10 CFR 2.309(d)(1) if the Secretary by e-mail at expert opinions which support the the facility is located within its hearing.docket@nrc.gov, or by telephone position of the requestor/petitioner and boundaries. The entities listed above at 301-415-1677, to request (1) a digital on which the requestor/petitioner could also seek to participate in a ID certificate, which allows the intends to rely at hearing, together with hearing as a nonparty pursuant to 10 participant (or its counsel or references to the specific sources and CFR 2.315(c). representative) to digitally sign documents on which the requestor/ Any person who does not wish, or is documents and access the E-Submittal petitioner intends to rely. Finally, the not qualified, to become a party to this server for any proceeding in which it is petition must provide sufficient proceeding may request permission to participating; and (2) advise the information to show that a genuine make a limited appearance pursuant to Secretary that the participant will be dispute exists with the applicant on a the provisions of 10 CFR 2.315(a). A submitting a request or petition for material issue of law or fact, including person making a limited appearance hearing (even in instances in which the references to specific portions of the may make an oral or written statement participant, or its counsel or application for amendment that the of position on the issues, but may not representative, already holds an NRC-requestor/petitioner disputes and the otherwise participate in the proceeding. issued digital ID certificate). Based upon mstockstill on DSKH9S0YB1PROD with NOTICES supporting reasons for each dispute, or, A limited appearance may be made at this information, the Secretary will if the requestor/petitioner believes that any session of the hearing or at any establish an electronic docket for the the application for amendment fails to prehearing conference, subject to such hearing in this proceeding if the contain information on a relevant matter limits and conditions as may be Secretary has not already established an as required by law, the identification of imposed by the Board. Persons desiring electronic docket.
each failure and the supporting reasons to make a limited appearance are Information about applying for a for the requestors/petitioners belief. requested to inform the Secretary of the digital ID certificate is available on Each contention must be one which, if Commission by January 18, 2011. NRCs public Web site at http://
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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70307 www.nrc.gov/site-help/e-submittals/ system may seek assistance by Petitions for leave to intervene must apply-certificates.html. System contacting the NRC Meta System Help be filed no later than 60 days from requirements for accessing the E- Desk through the Contact Us link November 17, 2010. Non-timely filings Submittal server are detailed in NRCs located on the NRC Web site at http:// will not be entertained absent a Guidance for Electronic Submission, www.nrc.gov/site-help/e- determination by the presiding officer which is available on the agencys submittals.html, by e-mail at that the petition or request should be public Web site at http://www.nrc.gov/ MSHD.Resource@nrc.gov, or by a toll- granted or the contentions should be site-help/e-submittals.html. Participants free call at 866-672-7640. The NRC admitted, based on a balancing of the may attempt to use other software not Meta System Help Desk is available factors specified in 10 CFR listed on the Web site, but should note between 8 a.m. and 8 p.m., Eastern 2.309(c)(1)(i)-(viii).
that the NRCs E-Filing system does not Time, Monday through Friday, Attorney for licensee: William Blair, support unlisted software, and the NRC excluding government holidays. Senior Attorney, NextEra Energy Point Meta System Help Desk will not be able Participants who believe that they Beach, LLC, P.O. Box 14000, Juno to offer assistance in using unlisted have a good cause for not submitting Beach, FL 33408-0420.
software. documents electronically must file an If a participant is electronically Order Imposing Procedures for Access exemption request, in accordance with to Sensitive Unclassified Non-submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper accordance with the E-Filing rule, the Safeguards Information for Contention filing requesting authorization to Preparation participant must file the document continue to submit documents in paper using the NRCs online, Web-based format. Such filings must be submitted A. This Order contains instructions submission form. In order to serve by: (1) First-class mail addressed to the regarding how potential parties to this documents through the Electronic Office of the Secretary of the proceeding may request access to Information Exchange System, users Commission, U.S. Nuclear Regulatory documents containing Sensitive will be required to install a Web Commission, Washington, DC 20555- Unclassified Non-Safeguards browser plug-in from the NRC Web site. 0001, Attention: Rulemaking and Information (SUNSI).
Further information on the Web-based Adjudications Staff; or (2) courier, B. Within 10 days after publication of submission form, including the express mail, or expedited delivery this notice of hearing and opportunity to installation of the Web browser plug-in, service to the Office of the Secretary, petition for leave to intervene, any is available on the NRCs public Web Sixteenth Floor, One White Flint North, potential party who believes access to site at http://www.nrc.gov/site-help/e- SUNSI is necessary to respond to this 11555 Rockville Pike, Rockville, submittals.html. notice may request such access. A Maryland 20852, Attention: Rulemaking Once a participant has obtained a and Adjudications Staff. Participants potential party is any person who digital ID certificate and a docket has filing a document in this manner are intends to participate as a party by been created, the participant can then responsible for serving the document on demonstrating standing and filing an submit a request for hearing or petition all other participants. Filing is admissible contention under 10 CFR for leave to intervene. Submissions considered complete by first-class mail 2.309. Requests for access to SUNSI should be in Portable Document Format (PDF) in accordance with NRC guidance as of the time of deposit in the mail, or submitted later than 10 days after available on the NRC public Web site at by courier, express mail, or expedited publication will not be considered http://www.nrc.gov/site-help/e- delivery service upon depositing the absent a showing of good cause for the submittals.html. A filing is considered document with the provider of the late filing, addressing why the request complete at the time the documents are service. A presiding officer, having could not have been filed earlier.
submitted through the NRCs E-Filing granted an exemption request from C. The requestor shall submit a letter system. To be timely, an electronic using E-Filing, may require a participant requesting permission to access SUNSI filing must be submitted to the E-Filing or party to use E-Filing if the presiding to the Office of the Secretary, U.S.
system no later than 11:59 p.m. Eastern officer subsequently determines that the Nuclear Regulatory Commission, Time on the due date. Upon receipt of reason for granting the exemption from Washington, DC 20555-0001, Attention:
a transmission, the E-Filing system use of E-Filing no longer exists. Rulemakings and Adjudications Staff, time-stamps the document and sends Documents submitted in adjudicatory and provide a copy to the Associate the submitter an e-mail notice proceedings will appear in NRCs General Counsel for Hearings, confirming receipt of the document. The electronic hearing docket which is Enforcement and Administration, Office E-Filing system also distributes an e- available to the public at http:// of the General Counsel, Washington, DC mail notice that provides access to the ehd.nrc.gov/EHD_Proceeding/home.asp, 20555-0001. The expedited delivery or document to the NRC Office of the unless excluded pursuant to an order of courier mail address for both offices is:
General Counsel and any others who the Commission, or the presiding U.S. Nuclear Regulatory Commission, have advised the Office of the Secretary officer. Participants are requested not to 11555 Rockville Pike, Rockville, that they wish to participate in the include personal privacy information, Maryland 20852. The e-mail address for proceeding, so that the filer need not such as social security numbers, home the Office of the Secretary and the serve the documents on those addresses, or home phone numbers in Office of the General Counsel are participants separately. Therefore, their filings, unless an NRC regulation Hearing.Docket@nrc.gov and applicants and other participants (or or other law requires submission of such OGCmailcenter@nrc.gov, respectively.1 The request must include the following mstockstill on DSKH9S0YB1PROD with NOTICES their counsel or representative) must information. With respect to apply for and receive a digital ID copyrighted works, except for limited information:
certificate before a hearing request/ excerpts that serve the purpose of the petition to intervene is filed so that they adjudicatory filings and would 1 While a request for hearing or petition to can obtain access to the document via constitute a Fair Use application, intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the the E-Filing system. participants are requested not to include initial request to access SUNSI under these A person filing electronically using copyrighted materials in their procedures should be submitted as described in this the agencys adjudicatory E-Filing submission. paragraph.
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70308 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices (1) A description of the licensing the unauthorized or inadvertent granting access to SUNSI whose release action with a citation to this Federal disclosure of SUNSI by each individual would harm that partys interest Register notice; who will be granted access to SUNSI. independent of the proceeding. Such a (2) The name and address of the F. Filing of Contentions. Any challenge must be filed with the Chief potential party and a description of the contentions in these proceedings that Administrative Judge within 5 days of potential partys particularized interest are based upon the information received the notification by the NRC staff of its that could be harmed by the action as a result of the request made for grant of access.
identified in C.(1); SUNSI must be filed by the requestor no If challenges to the NRC staff (3) The identity of the individual or later than 25 days after the requestor is determinations are filed, these entity requesting access to SUNSI and granted access to that information. procedures give way to the normal the requestors basis for the need for the However, if more than 25 days remain process for litigating disputes information in order to meaningfully between the date the petitioner is concerning access to information. The participate in this adjudicatory granted access to the information and availability of interlocutory review by proceeding. In particular, the request the deadline for filing all other the Commission of orders ruling on must explain why publicly-available contentions (as established in the notice such NRC staff determinations (whether versions of the information requested of hearing or opportunity for hearing), granting or denying access) is governed would not be sufficient to provide the the petitioner may file its SUNSI by 10 CFR 2.311.3 basis and specificity for a proffered contentions by that later deadline. I. The Commission expects that the contention; G. Review of Denials of Access. NRC staff and presiding officers (and D. Based on an evaluation of the (1) If the request for access to SUNSI any other reviewing officers) will information submitted under paragraph is denied by the NRC staff either after consider and resolve requests for access C.(3) the NRC staff will determine a determination on standing and need to SUNSI, and motions for protective within 10 days of receipt of the request for access, or after a determination on orders, in a timely fashion in order to whether: trustworthiness and reliability, the NRC minimize any unnecessary delays in (1) There is a reasonable basis to staff shall immediately notify the identifying those petitioners who have believe the petitioner is likely to requestor in writing, briefly stating the standing and who have propounded establish standing to participate in this reason or reasons for the denial. contentions meeting the specificity and NRC proceeding; and (2) The requestor may challenge the basis requirements in 10 CFR part 2.
(2) The requestor has established a NRC staffs adverse determination by Attachment 1 to this Order summarizes legitimate need for access to SUNSI. filing a challenge within 5 days of the general target schedule for E. If the NRC staff determines that the receipt of that determination with: (a) processing and resolving requests under requestor satisfies both D.(1) and D.(2) The presiding officer designated in this these procedures.
above, the NRC staff will notify the proceeding; (b) if no presiding officer It is so ordered.
requestor in writing that access to has been appointed, the Chief Dated at Rockville, Maryland, November SUNSI has been granted. The written Administrative Judge, or if he or she is 10, 2010.
notification will contain instructions on unavailable, another administrative For the Commission.
how the requestor may obtain copies of judge, or an administrative law judge Annette L. Vietti-Cook, the requested documents, and any other with jurisdiction pursuant to 10 CFR Secretary of the Commission.
conditions that may apply to access to 2.318(a); or (c) if another officer has those documents. These conditions may been designated to rule on information ATTACHMENT 1General Target include, but are not limited to, the access issues, with that officer. Schedule for Processing and Resolving signing of a Non-Disclosure Agreement H. Review of Grants of Access. A Requests for Access to Sensitive or Affidavit, or Protective Order 2 setting party other than the requestor may Unclassified Non-Safeguards forth terms and conditions to prevent challenge an NRC staff determination Information in this Proceeding Day Event/Activity 0 ...................................................... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, includ-ing order with instructions 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.
60 .................................................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) All contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 re-questor/petitioner reply).
20 .................................................... 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 informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
mstockstill on DSKH9S0YB1PROD with NOTICES 2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline staff determinations (because they must be served Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. on a presiding officer or the Commission, as 3 Requestors should note that the filing be filed with the presiding officer or the Chief applicable), but not to the initial SUNSI request Administrative Judge if the presiding officer has not requirements of the NRCs E-Filing Rule (72 FR submitted to the NRC staff under these procedures.
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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70309 Day Event/Activity 25 .................................................... If NRC staff finds no need or no likelihood of standing, the deadline for requestor/petitioner to file a mo-tion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access deter-mination with the presiding officer (or Chief Administrative Judge or other designated officer, as appro-priate). 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 seek-ing 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 infor-mation 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 con-tentions) 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 protective order.
A + 28 ............................................. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hear-ing), the petitioner may file its SUNSI contentions by that later deadline.
A + 53 ............................................. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 ............................................. (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 ........................................... Decision on contention admission.
[FR Doc. 2010-28963 Filed 11-16-10; 8:45 am] T (17 CFR 249.1300T) to temporarily registration is rescinded by the BILLING CODE 7590-01-P register or withdraw from temporary Commission; or (3) December 31, 2011.
registration. Paragraph (f) of Rule 15Ba2-6T Paragraph (b)(1) of Rule 15Ba2-6T provides that Rule 15Ba2-6T will expire SECURITIES AND EXCHANGE requires municipal advisors to promptly on December 31, 2011.
COMMISSION amend their temporary registration The primary purpose of Rule 15Ba2-whenever information concerning Items 6T is to provide information about Proposed Collection; Comment 1 (Identifying Information) or 3 municipal advisors to investors and Request (Disciplinary Information) of Form MA- issuers, as well as the Commission T becomes inaccurate in anyway. pursuant to the Dodd-Frank Wall Street Upon Written Request, Copies Available Paragraph (b)(2) of Rule 15Ba2-6T Reform and Consumer Protection Act.
From: U.S. Securities and Exchange requires municipal advisors to promptly Commission staff estimates that Commission, Office of Investor amend their temporary registration approximately 1,000 municipal advisors Education and Advocacy, whenever they wish to withdraw from will file Form MA-T. Commission staff Washington, DC 20549-0213.
registration. estimates that each of the approximately Extension: Paragraph (c) of Rule 15Ba2-6T 1,000 municipal advisors will spend an Rule 15Ba2-6T; OMB Control No. 3235- provides that every initial registration, average of 2.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> preparing each 0659; SEC File No. 270-618. amendment to registration, or Form MA-T. Therefore, the estimated Notice is hereby given that pursuant withdrawal from registration filed total reporting burden associated with to the Paperwork Reduction Act of 1995 pursuant to this rule constitutes a completing Form MA-T is 2,500 hours0.00579 days <br />0.139 hours <br />8.267196e-4 weeks <br />1.9025e-4 months <br />.
(44 U.S.C. 3501 et seq.), the Securities report within the meaning of Additionally, Commission staff and Exchange Commission applicable provisions of the Exchange estimates that approximately 1,000 (Commission) is soliciting comments Act. municipal advisors will amend their on the existing collection of information Paragraph (d) of Rule 15Ba2-6T Form MA-T once during the period of provided for in the following rule: Rule provides that every Form MA-T, September 1, 2010 through December 15Ba2-6TTemporary Registration as a including every amendment to or 31, 2011 and that it will take Municipal Advisor; Required withdrawal from registration, is approximately 30 minutes to amend Amendments; and Withdrawal from considered filed with the Commission their form, which means the total Temporary Registration (17 CFR when the electronic form on the burden associated with amending Form 240.15Ba2-6T) under the Securities Commissions website is completed and MA-T is 500 hours0.00579 days <br />0.139 hours <br />8.267196e-4 weeks <br />1.9025e-4 months <br />. Therefore, the total Exchange Act of 1934 (15 U.S.C. 78a et the Commission has sent confirmation annual burden associated with seq.) (Exchange Act). The Commission to the municipal advisor that the form completing and amending Form MA-T plans to submit this existing collection was filed. is 3,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br />.
of information to the Office of Paragraph (e) of Rule 15Ba2-6T The Commission believes that some Management and Budget (OMB) for provides that all temporary registrations municipal advisors will seek outside extension and approval. of municipal advisors will expire on the counsel to help them comply with the mstockstill on DSKH9S0YB1PROD with NOTICES Paragraph (a) of Rule 15Ba2-6T earlier of: (1) The date that the requirements of Rule 15Ba2-6T and requires municipal advisors, as defined registration is approved or disapproved Form MA-T, and assumes that each of in Section 15B(e)(4) of the Exchange Act by the Commission pursuant to a final the 1,000 municipal advisors will (15 U.S.C. 78o-4(e)(4)), to electronically rule adopted by the Commission consult outside counsel for one hour for file with the Commission on the establishing another manner of this purpose. The hourly rate for an Commissions Web site at the following registration and prescribing a form for attorney is $400, according to the link, Municipal Advisor Registration. the registration; (2) the date on which Securities Industry and Financial The information set forth in Form MA- the municipal advisors temporary Markets Associations publication titled VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1