ML22189A204
| ML22189A204 | |
| Person / Time | |
|---|---|
| Site: | Crane |
| Issue date: | 06/28/2022 |
| From: | Amy Snyder Reactor Decommissioning Branch |
| To: | Werner B State of PA, Dept of Environmental Protection, Bureau of Radiation Protection |
| Amy Snyder, 301-415-6822 | |
| Shared Package | |
| ML22189A202 | List: |
| References | |
| Download: ML22189A204 (7) | |
Text
38429 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices to splimpto@nsf.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, which is accessible 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, 7 days a week, 365 days a year (including Federal holidays).
SUPPLEMENTARY INFORMATION:
Title of Collection: National Science Foundation (NSF) Small Business Innovation Research (SBIR)/Small Business Technology Transfer (STTR)
Pre-Award Information Collection.
OMB Control No.: 3145-New.
Expiration Date of Approval: Not applicable.
Abstract: The NSF SBIR/STTR programs focus on transforming scientific discovery into products and services with commercial potential and/
or societal benefit. Unlike fundamental or basic research activities that focus on scientific and engineering discoveries, the NSF SBIR/STTR programs support the creation of opportunities to move fundamental science and engineering out of the lab and into the market at scale, through startups and small businesses representing deep technology ventures.
The NSF SBIR/STTR programs have two phases: Phase I and Phase II. Phase I is a 6-12 month experimental or theoretical investigation that allows the awardees to determine the scientific and technical feasibility, as well as the commercial merit of the idea or concept.
Phase II further develops the proposed concept, with a goal of working toward the commercial launch of the new product, process, or service being developed.
The NSF SBIR/STTR programs request the Office of Management and Budget (OMB) approval of this clearance that will allow the programs to collect information from a selected group of applicantsthose that have been reviewed by independent experts and that NSF Program Directors are considering recommending for fundingfor the purpose of making a funding decision. This information includes, but is not exclusive to, a list of company officers and the corresponding ownership status of each company officer within the startup, whether the startup is associated or affiliated with other companies, whether there exist any relationships (personal, financial, and/or professional) between project personnel, and the locations of all the facilities where significant research will be performed for the proposed project.
Such data will enable the NSF Program Directors to evaluate a given companys business structure, ascertain the level of commitment of the Principal Investigator (PI) and co-PIs to the startup venture, and identify conflicts of interests (if any), as part of the due diligence process that the programs undertake to verify there are no fraudulent or inappropriate business practices prior to recommending the small business for an award.
Following standard OMB requirements, NSF will request OMB approval in advance and provide OMB with a copy of the form containing these questions. Data collected will be used strictly for due-diligence, auditing, and/
or legal purposes, and are needed for effective pre-award management, administration, and/or program monitoring. The applicants, if being considered for award, will only be asked to submit a signed form containing their responses to the questions once for each NSF SBIR/STTR proposal (Phase I and II, if applicable). The data collection burden to the selected applicants will be limited to no more than 10 minutes of the respondents time in each instance.
Summaries of the collected data are also being used to respond to queries from Congress, the Small Business Administration, the public, NSFs external merit reviewers who serve as advisors, including Committees of Visitors, NSFs Office of the Inspector General, and other pertinent stakeholders Respondents: PIs listed on the NSF SBIR/STTR proposals.
Estimated Number of Annual Respondents: 750.
Burden on the Public: The overall annualized cost to the respondents is estimated to be $5,500. The following table shows the annualized estimate of costs to PIs who are generally university assistant professors. This estimated hourly rate is based on a report from the American Association of University Professors, Annual Report on the Economic Status of the Profession, 2020-21, Academe, March-April 2021, Survey Report Table 1. According to this report, the average salary of an assistant professor across all types of doctoral-granting institutions was
$91,408. When divided by the number of standard annual work hours (2,080),
this calculates to approximately $44 per hour.
Respondent type Number of respondents Burden hours per respondent Average hourly rate Estimated annual cost PIs....................................................................................................................
750 0.167
$44
$5,500 Total..........................................................................................................
5,500 Dated: June 23, 2022.
Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
[FR Doc. 2022-13728 Filed 6-27-22; 8:45 am]
BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0320; NRC-2022-0131]
TMI-2 Solutions, LLC; Three Mile Island Station, Unit No. 2 AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a hearing, and to petition for leave to intervene; order imposing procedures.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Possession Only License (POL) No. DPR-73, issued to TMI-2 Solutions, LLC (TMI-2 Solutions) for Three Mile Island Station, Unit No. 2 (TMI-2). The NRC received and is considering approval of one amendment request. Pursuant to NRC regulations, TMI-2 Solutions proposes an amendment to the POL for TMI-2.
This proposed license amendment request, upon approval, would revise the POL to replace the reference to site physical security, guard training and qualification, and safeguards contingency plans maintained by Unit 1 VerDate Sep<11>2014 17:11 Jun 27, 2022 Jkt 256001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\28JNN1.SGM 28JNN1 khammond on DSKJM1Z7X2PROD with NOTICES
38430 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices with a TMI-2 Site Security plan compliant with NRC regulations. For this amendment request, the NRC proposes to determine that it involves no significant hazards consideration (NSHC). Because the amendment request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation by persons who file a hearing request or petition for leave to intervene.
DATES: Submit comments by July 28, 2022. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Requests for a hearing or petition for leave to intervene must be filed by August 29, 2022. Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who believes access to SUNSI is necessary to respond to this notice must request document access by July 8, 2022.
ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website:
- Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0131. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- Mail comments to: Office of Administration, Mail Stop: TWFN A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT:
Amy Snyder, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301 415-6822, email: Amy.Snyder@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2022-0131, facility name, unit number(s),
docket number(s), application date, and subject when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0131.
- NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.
- NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m.
Eastern Time (ET), Monday through Friday, except Federal holidays.
B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https://
www.regulations.gov). Please include Docket ID NRC-2022-0131, facility name, unit number(s), docket number(s), application date, and subject, in your comment submission.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission.
The NRC will post all comment submissions at https://
www.regulations.gov as well as enter the comment submissions into ADAMS.
The NRC does not routinely edit comment submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission.
Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.
II. Introduction The NRC is considering issuance of an amendment to POL No. DPR-73, issued to TMI-2 Solutions for TMI-2 located in Dauphin County, Pennsylvania.
By letter dated May 13, 2021, as supplemented on September 21, 2021, and on March 31, April 28, May 3 (non-public), May 9 (non-public), and May 10, 2022, TMI-2 Solutions submitted a license application request seeking NRC review and approval of modification to License Condition 2.C.(2) for the TMI-2 license in support of the TMI-Station Independent Spent Fuel Installation Only Physical Security Plan. In the March 31 supplement, TMI-2 Solutions stated that TMI-2 Solutions will develop a Security Plan document (its own plan), instead of the site physical security, guard training and qualification, and safeguards contingency plans maintained by Unit
- 1.
Before issuance of the proposed license amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and NRCs regulations.
The NRC has made a proposed determination that the license amendment request involves NSHC.
Under the NRCs regulations in 10 CFR 50.92 Issuance of amendment, this means that operation of the facility in accordance with the proposed amendment would not: (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee provided an analysis of the issue of NSHC. The staff reviewed this analysis and provided its preliminary evaluation of it below:
- 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?
Response: No.
The proposed change would revise the TMI-2 POL by revising TMI-2 License Condition 2.C.(2), Physical Protection, to refer to a security plan specific to TMI-2 that is compliant with 10 CFR part 37 Physical protection of category 1 and category 2 quantities of radioactive material to implement the requirements for 10 CFR 73.67 and part 37 material. During post-defueling monitored storage (PDMS), the activities VerDate Sep<11>2014 17:11 Jun 27, 2022 Jkt 256001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\28JNN1.SGM 28JNN1 khammond on DSKJM1Z7X2PROD with NOTICES
38431 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices occurring at the site and the form of the radiological material present have low safety and security risk profiles, and as such, a significant increase in the probability or consequences of an accident previously evaluated would not be created by the proposed amendment.
TMI-2 plans to transition from PDMS into DECON following the current planning phase and provided this amendment request is approved, and during this phase risks would be further reduced. DECON is one of three decommissioning methods defined by NRC. Once TMI-2 has entered DECON, special nuclear material (SNM) will be retrieved and aggregated to be placed into dry cask storage using various shapes and sizes of containers to place into a basket and canister. To minimize aggregating the remaining SNM, the core debris will be generally packaged and loaded as it is retrieved. These canisters will then be transferred to an expanded Independent Spent Fuel Storage Installation (ISFSI) inside the Three Mile Island Station, Unit No. 1, ISFSI fence to store the canisters after Three Mile Island, Unit 1 (TMI-1) completes their spent fuel transfer campaign to the ISFSI. On-site transfers will utilize storage systems fundamentally similar to those in use by TMI-1 for Spent Fuel (NAC MAGNASTOR). These storage system designs will have been certified by the NRC for such use because they satisfy applicable requirements for safety and security. Using these certified storage systems will assure there are no increases in accident probability or consequences involved with the proposed amendment.
- 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated?
Response: No.
The proposed change would revise the TMI-2 POL by revising TMI-2 License Condition 2.C.(2), Physical Protection, and would not create the possibility of a new or different kind of accident from that previously evaluated.
When TMI-2 is in the PDMS condition no major decommissioning activities will occur, and there will no longer be any equipment or facilities that need to be protected because there are no designated Target Sets for TMI-2. Based on the above, the NRC preliminarily concludes that during PDMS the proposed amendment would not create the possibility of a new or different kind of accident from any accident previously evaluated.
TMI-2 plans to transition from PDMS into DECON following the current planning phase and provided this amendment request is approved. Once TMI-2 has entered DECON, SNM will be retrieved and aggregated to be placed into dry cask storage using various shapes and sizes of containers to place into a basket and canister. To minimize aggregating the remaining SNM, the core debris will be generally packaged and loaded as it is retrieved. These canisters will then be transferred to an expanded ISFSI inside the TMI-1 ISFSI fence to store the canisters after TMI-1 completes their spent fuel transfer campaign to the ISFSI. On-site transfers will utilize storage systems fundamentally similar to those in use by TMI-1 for Spent Fuel (NAC MAGNASTOR). These storage system designs will have been certified by the NRC for such use because they satisfy applicable requirements for safety and security. This certification assures that no new or different kind of accidents from any accident previously evaluated will be created as a consequence of the proposed amendment.
- 3. Does the proposed amendment involve a significant reduction in a margin of safety?
Response: No.
The proposed change would revise the TMI-2 POL by revising TMI-2 License Condition 2.C.(2), Physical Protection. This change would not involve a significant reduction in a margin of safety for the following reasons. While TMI-2 is in the PDMS, no major decommissioning activities will occur. As stated by NRC in a previous letter dated April 2, 2013, for an exemption from certain security requirements of 10 CFR part 73.55, the NRC determined that the remaining radioactive material is in a form that does not pose a risk of removal and is well dispersed and is not easily aggregated; the potential for radiological sabotage or diversion of SNM at the 10 CFR part 50 licensed site was eliminated; there is no longer any equipment or facilities that need to be protected; and there are no designated Target Sets for TMI Unit 2. Thus, during PDMS, as the potential for radiological sabotage has been eliminated, the requested amendment would not result in a reduction in the margin of safety.
During DECON, to minimize aggregating the remaining SNM, the core debris will be generally packaged and loaded as it is retrieved. SNM will not be aggregated any more than is necessary to load a canister. These canisters will then be transferred to an expanded ISFSI inside the TMI-1 ISFSI fence to store the canisters after TMI-1 completes their spent fuel transfer campaign to the ISFSI. This campaign is scheduled to be completed in the Summer of 2022. Also, on-site transfers will use storage systems fundamentally similar to those in use by TMI-1 for Spent Fuel (NAC MAGNASTOR). These storage system designs will have been certified by the NRC for such use because they satisfy applicable requirements for safety and security.
This certification assures that a significant reduction in a margin of safety would not be involved as a consequence of the proposed amendment.
Based on the staffs review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves NSHC.
The NRC is seeking public comments on this proposed determination that the license amendment request involves NSHC. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.
Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day notice period if the Commission concludes the amendment involves NSHC. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final NSHC determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by any of these actions may file a request for a hearing and petition for leave to intervene (petition) with respect to that action. Petitions shall be filed in accordance with the Commissions Agency Rules of Practice and Procedure in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRCs regulations VerDate Sep<11>2014 17:11 Jun 27, 2022 Jkt 256001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\28JNN1.SGM 28JNN1 khammond on DSKJM1Z7X2PROD with NOTICES
38432 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices are accessible electronically from the NRC Library on the NRCs public website at https://www.nrc.gov/reading-rm/doc-collections/cfr. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) the name, address, and telephone number of the petitioner; (2) the nature of the petitioners right to be made a party to the proceeding; (3) the nature and extent of the petitioners property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioners interest.
In accordance with 10 CFR 2.309(f),
the petition must also set forth the specific contentions that the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion that support the contention and on which the petitioner intends to rely in proving the contention at the hearing.
The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one that, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that partys admitted contentions, including the opportunity to present evidence, consistent with the NRCs regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the Electronic Submissions (E-Filing) section of this document.
If a hearing is requested, and the Commission has not made a final determination on the issue of NSHC, the Commission will make a final determination on the issue of NSHC.
The final determination will serve to establish when the hearing is held. If the final determination is that the amendment request involves NSHC, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.
A State, local governmental body, Federally recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioners interest in the proceeding.
The petition should be submitted to the Commission no later than 60 days from the date of publication of this notice.
The petition must be filed in accordance with the filing instructions in the Electronic Submissions (E-Filing) section of this document and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or Federally recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
If a petition is submitted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding.
A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.
IV. Electronic Submissions and E-Filing All documents filed in NRC adjudicatory proceedings including documents filed by an interested State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof that requests to participate under 10 CFR 2.315(c), must be filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases, to mail copies on electronic storage media, unless an exemption permitting an alternative filing method, as further discussed, is granted. Detailed guidance on electronic submissions is located in the Guidance for Electronic Submissions to the NRC (ADAMS Accession No. ML13031A056) and on the NRCs public website at https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate).
Based upon this information, the Secretary will establish an electronic docket for the proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is available on the NRCs public website at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. After a digital ID certificate is obtained and a docket created, the participant must submit adjudicatory documents in Portable Document Format. Guidance on submissions is available on the NRCs VerDate Sep<11>2014 17:11 Jun 27, 2022 Jkt 256001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\28JNN1.SGM 28JNN1 khammond on DSKJM1Z7X2PROD with NOTICES
38433 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices public website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email confirming receipt of the document. The E-Filing system also distributes an email that provides access to the document to the NRCs Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed to obtain access to the documents via the E-Filing system.
A person filing electronically using the NRCs adjudicatory E-Filing system may seek assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link located on the NRCs public website at https://
www.nrc.gov/site-help/e-submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9:00 a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing adjudicatory documents in this manner are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the NRCs electronic hearing docket, which is publicly available at https://
adams.nrc.gov/ehd, unless excluded pursuant to an order of the presiding officer. If you do not have an NRC-issued digital ID certificate as previously described, click cancel when the link requests certificates and you will be automatically directed to the NRCs electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information such as social security numbers, home addresses, or personal phone numbers in their filings unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants should not include copyrighted materials in their submission.
V. Availability of Documents The documents identified in the following table are available to interested persons through ADAMS.
Document ADAMS accession No.
Three Mile Island, Unit 2 License Amendment RequestDelete License Condi-tion 2.C.(2) Physical Protection, dated May 13, 2021.
ML21144A262 (non-public, withheld pursuant to 10 CFR 2.390).
Three Mile Island, Unit 2License Amendment RequestRevised License Con-dition 2.C.(2) Physical ProtectionSupplemental Information, dated September 21, 2021.
Three Mile Island Unit 2Physical Security Plan Response to March18 Supple-mental Information Request, dated March 31, 2022.
ML22102A304 (Package).
Three Mile Island 2Security Plan Proposed Revision License Condition 2.C.(2)
(EPID: L-2021-LLA-0103) Proposed License Conditionpartial response, dated April 28, 2022.
Three Mile Island Nuclear Station, Unit 2 (TMl-2)Supplemental Letter to Three Mile Island Nuclear Station, Unit 2 (TMl-2)License Amendment RequestDe-lete License Condition 2.C.(2) Physical Protection, dated May 9, 2022.
ML22138A281 (non-public, withheld pursuant to 10 CFR 2.390).
Three Mile Island, Unit 2E-mail from T. Devik, EnergySolutions TMI-2, to A.
Snyder, NRC, Physical Security Plan May 9 Submittal Typo Correction, dated May 10, 2022.
NRC Letter from L. Camper (NRC) to J. Lash (FirstEnergy Corporation), Three Mile Island Nuclear Power Station Unit 2Issuance of Exemption from Certain Security Requirements of 10 CFR part 73.55 (TAC NO. J00391), dated April 2, 2013.
Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing or opportunity for hearing, any potential party who believes access to SUNSI is necessary to respond to this notice may request access to SUNSI. A potential party is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, and provide a copy to the Deputy General Counsel for Licensing, Hearings, and Enforcement, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, VerDate Sep<11>2014 17:11 Jun 27, 2022 Jkt 256001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\28JNN1.SGM 28JNN1 khammond on DSKJM1Z7X2PROD with NOTICES
38434 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.
2 Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.
3 Requestors should note that the filing requirements of the NRCs E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures.
Maryland 20852. The email addresses for the Office of the Secretary and the Office of the General Counsel are Hearing.Docket@nrc.gov and RidsOgcMailCenter.Resource@nrc.gov, respectively.1 The request must include the following information:
(1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential partys particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requestors basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under paragraph C, the NRC staff will determine within 10 days of receipt of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI.
E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2),
the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 2 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.
F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after receipt of (or access to) that information. 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 hearing), the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and requisite need, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.
(2) The requestor may challenge the NRC staffs adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if this individual is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer.
(3) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311.
H. Review of Grants of Access. A party other than the requestor may challenge an NRC staff determination granting access to SUNSI whose release would harm that partys interest independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of access and must be filed with:
(a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if this individual is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer.
If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.3 I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2.
The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures.
It is so ordered.
Dated: June 23, 2022.
For the Nuclear Regulatory Commission.
Rochelle C. Bavol, Acting Secretary of the Commission.
ATTACHMENT 1GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/activity 0........................
Publication of Federal Register notice of hearing or opportunity for hearing, including order with instructions for access re-quests.
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; and (ii) all contentions whose formu-lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
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38435 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b-4.
ATTACHMENT 1GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDINGContinued Day Event/activity 20......................
U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-essing (preparation of redactions or review of redacted documents).
25......................
If NRC staff finds no need or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds need for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staffs grant of access.
30......................
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40......................
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI.
A.......................
If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
A + 3.................
Deadline for filing executed Non-Disclosure Agreements or 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 notice of opportunity for hearing), 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. 2022-13738 Filed 6-27-22; 8:45 am]
BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-95139; File No. SR-ICC-2022-007]
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to the Clearance of Additional Credit Default Swap Contracts June 22, 2022.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934,1 and Rule 19b-4,2 notice is hereby given that on June 16, 2022, ICE Clear Credit LLC (ICC) filed with the Securities and Exchange Commission (the Commission) the proposed rule change as described in Items I, II, and III below, which Items have been prepared primarily by ICC. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
I. Clearing Agencys Statement of the Terms of Substance of the Proposed Rule Change The principal purpose of the proposed rule change is to revise the ICC Rulebook (the Rules) to provide for the clearance of additional Standard Emerging Market Sovereign CDS contracts (collectively, the EM Contracts).
II. Clearing Agencys Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, ICC included statements concerning the purpose of and basis for the proposed rule change, security-based swap submission, or advance notice and discussed any comments it received on the proposed rule change, security-based swap submission, or advance notice. The text of these statements may be examined at the places specified in Item IV below. ICC has prepared summaries, set forth in sections (A), (B),
and (C) below, of the most significant aspects of these statements.
(A) Clearing Agencys Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change (a) Purpose The purpose of the proposed rule change is to adopt rules that will provide the basis for ICC to clear additional credit default swap contracts.
ICC proposes to make such change effective following Commission approval of the proposed rule change.
ICC believes the addition of these contracts will benefit the market for credit default swaps by providing market participants the benefits of clearing, including reduction in counterparty risk and safeguarding of margin assets pursuant to clearing house rules. Clearing of the additional EM Contracts will not require any changes to ICCs Risk Management Framework or other policies and procedures constituting rules within the meaning of the Securities Exchange Act of 1934 (Act).
ICC proposes amending Subchapter 26D of its Rules to provide for the clearance of additional EM Contracts, specifically the Arab Republic of Egypt, Kingdom of Bahrain, and Sultanate of Oman. These additional EM Contracts have terms consistent with the other EM Contracts approved for clearing at ICC and governed by Subchapter 26D of the Rules. Minor revisions to Subchapter 26D (Standard Emerging Market Sovereign (SES) Single Name) are made to provide for clearing the additional EM Contracts. Specifically, in Rule 26D-102 (Definitions), Eligible SES Reference Entities is modified to include Arab Republic of Egypt, Kingdom of Bahrain, and Sultanate of Oman in the list of specific Eligible SES Reference Entities to be cleared by ICC.
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