ML22265A102

FRN - Diablo Canyon ISFSI Renewal Notice of Docketing and Opp for Hearing

ML22265A102
Person / Time
Site:	Diablo Canyon
Issue date:	01/05/2023
From:	Kristina Banovac Storage and Transportation Licensing Branch
To:
CMARKLEY NMSS/DFM/STLB 3014156293
Shared Package
ML22265A093	List: ML22265A102
References
NRC-2022-0282
Download: ML22265A102 (7)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-26; NRC-2022-0220]

Pacific Gas and Electric Company;

Diablo Canyon Independent Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: License renewal application; receipt; notice of opportunity to request a hearing

and to petition for leave to intervene.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is considering an

application for the renewal of Special Nuclear Materials (SNM) License No. SNM-2511,

which currently authorizes Pacif ic Gas and Electric Company (PG&E, the licensee) to

receive, possess, transfer, and store spent fuel from the Diabl o Canyon Nuclear Power

Plant (DCNPP) in the Diablo Canyon Independent Spent Fuel Stora ge Installation

(ISFSI). The renewed license would authorize PG&E to continue t o store spent fuel in

the Diablo Canyon ISFSI for an additional 40 years beyond the c urrent license expiration

date of March 22, 2024.

DATES: A request for a hearing or petition for leave to intervene m ust be filed by

March 13, 2023.

ADDRESSES: Please refer to Docket ID NRC-2022-0220 when contacting the NRC

about the availability of information regarding this document. You may obtain publicly

available information related to this document using any of the following methods:

• Federal Rulemaking Website: Go to https://www.regulations.gov and

search for Docket ID NRC-2022-0220. Address questions about Docket IDs in

Regulations.gov to Stacy Schumann; telephone: 301-415-0624; ema il:

Stacy.Schumann@nrc.gov. For technical questions, contact the in dividual listed in the

For Further Information Contact section of this document.

• NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAM S Public

Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the

search, select Begin Web-based ADAMS Search. For problems wit h 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. The ADAMS ac cession number

for each document referenced (if it is available in ADAMS) is p rovided the first time that it

is mentioned in this document.

• NRCs PDR: You may examine and purchase copies of public documents, by

appointment, at the NRC's PDR, Room P1 B35, One White Flint Nor th, 11555 Rockville

Pike, Rockville, Maryland 20852. To make an appointment to visi t 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 Frida y, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Christopher Markley, Office of Nuclear

Material Safety and Safeguards, U.S. Nuclear Regulatory Commiss ion, Washington, DC

20555-0001; telephone: 301-415-6293; email: Christopher.Markley @nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC has received, by letter dated March 9, 2022, an applic ation from PG&E

for renewal of SNM License No. SNM-2511 for the Diablo Canyon I SFSI for an

additional 40 years (ADAMS Accession No. ML22068A189). The lice nse currently

authorizes PG&E to receive, possess, transfer, and store spent fuel from the DCNPP in

the Diablo Canyon ISFSI, located at the DCNPP site in San Luis Obispo County, California until the license term expires on March 22, 2024. Th is license renewal, if

approved, would authorize PG&E to continue to store spent fuel at the Diablo Canyon

ISFSI for an additional 40 years beyond its initial expiration, under the provisions of part

72 of title 10 of the Code of Federal Regulations (10 CFR), Li censing Requirements for

the Independent Storage of Spent Nuclear Fuel, High-Level Radio active Waste, and

Reactor-Related Greater Than Class C Waste.

Following an NRC administrative completeness review, documented in a letter to

PG&E dated September 8, 2022 (ADAMS Accession No. ML22238A239), the NRC staff

has determined that the renewal application contains sufficient information for the NRC

staff to begin its technical review and is acceptable for docke ting. The application has

been docketed in Docket No. 72-26, the existing docket for SNM License No. SNM-

2511. If the NRC approves the renewal application, the approva l will be documented in

the renewal of SNM License No. SNM-2511. The NRC will approve t he license renewal

application if it determines that the application meets the sta ndards and requirements of

the Atomic Energy Act of 1954, as amended (the Act), and the NR Cs regulations. These

findings will be documented in a safety evaluation report. The NRC will complete an

environmental evaluation, in accordance with 10 CFR part 51, to determine if the

preparation of an environmental impact statement is warranted o r if an environmental

assessment and finding of no significant impact are appropriate. This action will be the

subject of a subsequent notice in the Federal Register.

II. Opportunity to Request a Hearing and Petition for Leave to Intervene

Within 60 days after the date of publication of this notice, an y person (petitioner) whose

interest may be affected by this action may file a request for a hearing and petition for

leave to intervene (petition) with respect to the action. Petit ions shall be filed in

accordance with the Commissions Agency Rules of Practice and Procedure in 10 CFR part 2. If a petition is filed, the presiding officer will rule on the petition and, if appropriate,

a notice of a hearing will be issued.

Petitions must be filed no later than 60 days from the date of publication of this

notice in accordance with the filing instructions in the Elect ronic Submissions (E-Filing)

section of this document. Petitions and motions for leave to fi le new or amended

contentions that are filed after the deadline will not be enter tained absent a

determination by the presiding officer that the filing demonstr ates good cause by

satisfying the three factors in 10 CFR 2.309(c)(1)(i) through ( iii).

A State, local governmental body, Federally recognized Indian T ribe, or

designated agency thereof, may submit a petition to the Commiss ion to participate as a

party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this

notice. Alternatively, a State, local governmental body, Federa lly recognized Indian

Tribe, or agency thereof may participate as a non-party under 1 0 CFR 2.315(c).

For information about filing a petition and about participation by a person not a party

under 10 CFR 2.315, see ADAMS Accession No. ML20340A053

(https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionN umber=ML20340A

053) and on the NRCs public website at

https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.h tml#participate.

III. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings including d ocuments filed

by an interested State, local governmental body, Federally reco gnized 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 req uires 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 permitt ing an alternative filing

method, as further discussed, is granted. Detailed guidance on electronic submissions is located in the Guidance for El ectronic 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 leas t 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 Sec retary that the participant

will be submitting a petition or other adjudicatory document (e ven in instances in which

the participant, or its counsel or representative, already hold s an NRC-issued digital ID

certificate). Based upon this information, the Secretary will e stablish 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 avai lable on the NRCs

public website at https://www.nrc.gov/site-help/e-submittals/ge tting-started.html. After a

digital ID certificate is obtained and a docket created, the pa rticipant must submit

adjudicatory documents in Portable Document Format. Guidance on submissions is

available on the NRCs public website at https://www.nrc.gov/si te-help/electronic-sub-ref-

mat.html. A filing is considered complete at the time the docu ment is submitted through

the NRCs E-Filing system. To be timely, an electronic filing m ust 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 a lso 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 th ey wish to participate in

the proceeding, so that the filer need not serve the document o n those participants separately. Therefore, applicants and other participants (or th eir 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 u sing 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 betw een 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 subm itting documents

electronically must file an exemption request, in accordance wi th 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 pap er format. Such filings

must be submitted in accordance with 10 CFR 2.302(b)-(d). Parti cipants filing

adjudicatory documents in this manner are responsible for servi ng 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 2.30 2(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 c ancel when the link requests

certificates and you will be automatically directed to the NRC s 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 perso nal privacy information

such as social security numbers, home addresses, or personal ph one numbers in their filings unless an NRC regulation or other law requires submissi on 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 applic ation, participants should

not include copyrighted materials in their submission.

Dated: January 5, 2023.

For the Nuclear Regulatory Commission.

/RA/

Kristina L. Banovac, Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards.