[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Pages 42943-42946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20412]



[NRC-2009-0362; Docket No. 72-11]

Sacramento Municipal Utility District; Rancho Seco Independent 
Spent Fuel Storage Installation; Notice of Docketing and Issuance of 
Amendment to Materials License No. SNM-2510

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment.


DATES: A request for a hearing must be filed by October 26, 2009

FOR FURTHER INFORMATION CONTACT: Shana Helton, Senior Project Manager, 
Licensing Branch, Division of Spent Fuel Storage and Transportation, 

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of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear 
Regulatory Commission (NRC), Rockville, MD 20852. Telephone: (301) 492-
3284; fax number: (301) 492-3348; e-mail: [email protected].


I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or Commission) has 
issued Amendment 3 to Materials License SNM-2510 held by Sacramento 
Municipal Utility District (SMUD) for the receipt, possession, 
transfer, and storage of spent fuel at the Rancho Seco Independent 
Spent Fuel Storage Installation (ISFSI), located on the site of the 
Rancho Seco Nuclear Generating Station located in Sacramento County, 
California. License No. SNM-2510 authorizes the licensee to receive, 
acquire, and possess the power reactor spent fuel and other radioactive 
materials associated with spent fuel storage as specified in the 
License; to use such material for the purpose(s) and at the place(s) 
designated in the License; and to deliver or transfer such material to 
persons authorized to receive it in accordance with the regulations of 
the applicable Part(s). The amendment is effective on the date of 
    By application dated November 5, 2008, as supplemented January 27, 
2009, March 4, 2009, July 1, 2009, and July 29, 2009 (Agencywide 
Documents Access and Management System (ADAMS) Accession Nos. 
ML083190252, ML090370875, ML090820276, ML091950457, and ML092220241, 
respectively), the Sacramento Municipal Utility District submitted a 
request to the U.S. Nuclear Regulatory Commission (NRC) in accordance 
with Title 10 of the Code of Federal Regulations (10 CFR) 72.56, 
``Application for amendment of license,'' to amend the License to allow 
the storage of six damaged fuel assemblies in five fuel-with-control-
component dry storage canisters. This amendment does not affect the 
design, operation, or surveillance of the ISFSI.
    An NRC administrative review, documented in a letter to SMUD dated 
March 4, 2009 (ADAMS Accession No. ML090640248), found the application 
acceptable to begin a technical review. This amendment complies with 
the requirements of the Atomic Energy Act of 1954, as amended (the 
Act), and the Commission's rules and regulations. The Commission has 
made appropriate findings as required by the Act and the Commission's 
rules and regulations in 10 CFR Chapter I, which are set forth in the 
license amendment.
    The staff finds that this amendment does not involve any changes in 
the scope or type of operations presently authorized by the license. 
The staff has determined that the changes proposed by the amendment 
will not result in: (1) A significant increase in the amounts of any 
effluents; (2) a significant increase in individual or cumulative 
occupational radiation exposure; (3) a significant construction impact; 
or (4) a significant increase in the potential for or consequences from 
radiological accidents. Accordingly, pursuant to 10 CFR 51.22(c)(11), a 
categorical exclusion applies to this action, and as such neither an 
environmental assessment nor an environmental impact statement will be 

II. Opportunity To Request a Hearing

    In accordance with 10 CFR 72.46(b)(2), the staff has determined 
that this license amendment, requesting the storage of six damaged fuel 
assemblies in five canisters, does not present a genuine issue as to 
whether public health and safety will be significantly affected. 
Therefore, the publication of a notice of proposed action and an 
opportunity for hearing or a notice of hearing is not warranted. Notice 
is hereby given of the right of interested persons to request a hearing 
on whether this action should be rescinded or modified.
    Any person whose interest may be affected by this proceeding and 
who desires to have this action rescinded or modified must file a 
request for a hearing and, a specification of the contentions which the 
person seeks to have litigated in the hearing, in accordance with the 
NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 
49139). All documents filed in NRC adjudicatory proceedings, including 
documents filed by interested governmental entities participating under 
10 CFR 2.315(c) and any motion or other document filed in the 
proceeding prior to the submission of a request for hearing or petition 
to intervene, must be filed in accordance with the E-Filing rule. The 
E-Filing rule requires participants to submit and serve all 
adjudicatory documents over the Internet, or in some cases, to mail 
copies on electronic storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver in accordance with 
the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the petitioner/requestor 
should contact the Office of the Secretary by e-mail at 
[email protected], or by calling (301) 415-1677, to request (1) a 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding (even in instances 
in which the petitioner/requestor (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM 
to access the Electronic Information Exchange (EIE), a component of the 
E-Filing system. The Workplace Forms ViewerTM is free and is 
available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a petitioner/requestor has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, they can then 
submit a request for hearing or petition for leave to intervene. 
Submissions should be in Portable Document Format (PDF) in accordance 
with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered 
complete at the time the filer submits its documents through EIE. To be 
timely, an electronic filing must be submitted to the EIE system no 
later than 11:59 p.m., Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
EIE system also distributes an e-mail notice that provides access to 
the document to the NRC 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory e-
filing system may seek assistance through the ``Contact Us'' link 
located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC electronic filing Help Desk, 
which is available between 8 a.m. and 8 p.m.,

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Eastern Time, Monday through Friday, excluding government holidays. The 
toll-free help line number is (866) 672-7640. A person filing 
electronically may also seek assistance by sending an e-mail to the NRC 
electronic filing Help Desk at [email protected].
    Participants who believe that they have a good cause for not 
submitting documents electronically must, in accordance with 10 CFR 
2.302(g), file an exemption request with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted based on a balancing of the factors specified in 10 CFR 
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include social 
security numbers in their filings. 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 are 
requested not to include copyrighted materials in their submission.
    The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in 
accordance with 10 CFR 2.302(g)(3)), then the requirements for paper 
documents, set forth in 10 CFR 2.304(b) must be met.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by October 26, 2009.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, a request for a hearing filed by a person other than an 
applicant must state:
    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requester's property, financial or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requester's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petition for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requester's/petitioner's position on the 
issue and on which the requester/petitioner intends to rely to support 
its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact. This 
information must include references to specific portions of the 
application (including the applicant's environmental report and safety 
report) that the requester/petitioner disputes and the supporting 
reasons for each dispute, or, if the requester/petitioner believes the 
application fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the requester's/petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the petition is to be filed, such as the application or other 
supporting document filed by an applicant or licensee, or otherwise 
available to the petitioner. The requester/petitioner may amend those 
contentions or file new contentions if there are data or conclusions in 
the NRC documents that differ significantly from the data or 
conclusions in the applicant's documents. Otherwise, contentions may be 
amended or new contentions filed after the initial filing only with 
leave of the presiding officer.
    Requesters/petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requesters/petitioners is designated the lead representative. Further, 
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that 
wishes to adopt a contention proposed by another requester/petitioner 
must do so, in accordance with the E-Filing rule, within ten days of 
the date the contention is filed, and designate a representative who 
shall have the authority to act for the requester/petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing and/or 
petition for leave to intervene may also address the selection of the 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    The NRC has prepared a Safety Evaluation Report (SER) that 
documents the information that was reviewed and NRC's conclusion. In 
accordance with 10 CFR 2.390 of NRC's ``Rules of Practice,'' final NRC 
records and documents related to this action, including the application 
for amendment and supporting documentation and the SER, are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access 
ADAMS, which provides text and image files of NRC's public documents. 
The ADAMS accession numbers for the documents related to this notice 
are: ML083190252 for the amendment request dated November 5, 2008; 
ML090370875 for the January 27, 2009, supplement, ML090820276 for the 
March 4, 2009 supplement; ML091950457 for the July 1, 2009, supplement; 
ML092220241 for the July 29, 2009, supplement, and ML092240439 for the 
    If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR)

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Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
[email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's Public Document Room (PDR), O-1 F21, One 
White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR 
reproduction contractor will copy documents for a fee.

    Dated at Rockville, Maryland this 11th day of August 2009.

    For the Nuclear Regulatory Commission.
Shana Helton,
Senior Project Manager, Licensing Branch, Division of Spent Fuel 
Storage and Transport, Office of Nuclear Material Safety and 
[FR Doc. E9-20412 Filed 8-24-09; 8:45 am]