[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Pages 46247-46249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21613]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-27; NRC-2009-0205]


Pacific Gas and Electric Company; Humboldt Bay Independent Spent 
Fuel Storage Installation; Notice of Issuance of Amendment to Materials 
License No. SNM-2514

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Issuance of Amendment to Materials License SNM-2514.

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DATES: A request for a hearing must be filed by November 9, 2009.

FOR FURTHER INFORMATION CONTACT: Shana R. Helton, Senior Project 
Manager, Division of Spent Fuel Storage and Transportation, Office of 
Nuclear Material Safety and Safeguards, Mail Stop EBB-3D-02M, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone: 
(301) 492-3284; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    On November 17, 2005, the U.S. Nuclear Regulatory Commission (NRC) 
issued NRC Materials License No. SNM-2514 to the Pacific Gas and 
Electric Company (PG&E) for the Humboldt Bay Independent Spent Fuel 
Storage Installation (ISFSI), located in Humboldt County, California. 
The license authorizes PG&E to receive, possess, store, and transfer 
spent nuclear fuel and associated radioactive materials resulting from 
the operation of the Humboldt Bay Power Plant in an ISFSI at the power 
plant site for a term

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of 20 years. The NRC staff also issued an Environmental Assessment and 
Finding of No Significant Impact related to the issuance of the initial 
ISFSI license on November 16, 2005, in accordance with the National 
Environmental Policy Act, and in conformance with the applicable 
requirements of 10 CFR Part 51.
    On April 20, 2009, PG&E submitted an application to NRC, in 
accordance with 10 CFR Part 72, requesting an amendment to NRC 
Materials License No. SNM-2514. PG&E's application requested that the 
ISFSI license be amended to allow for the relocation of the Humboldt 
Bay ISFSI quality assurance (QA) requirements from the Diablo Canyon 
Power Plant Part 50 QA plan to the Humboldt Bay Power Plant Part 50 QA 
plan.
    The current license states that, prior to the termination of the 
Part 50 license for the Diablo Canyon Power Plant, PG&E would be 
required to submit a 10 CFR Part 72, Subpart G, compliant QA plan, for 
the Humboldt Bay ISFSI, to the NRC for approval. The proposed amendment 
seeks to link this requirement to the termination of the Humboldt Bay 
Power Plant Part 50 license rather than the termination of the Diablo 
Canyon Power Plan Part 50 license. The proposed amendment retains the 
requirement for PG&E to submit a Subpart G compliant QA plan to the NRC 
for approval, prior to terminating the controlling Part 50 license.
    In accordance with 10 CFR 72.16, a Notice of Docketing was 
published in the Federal Register on May 14, 2009. Pursuant to 10 CFR 
72.46, the NRC has approved and issued Amendment No. 2 to Materials 
License No. SNM-2514 held by PG&E for the receipt, possession, 
transfer, and storage of spent fuel at the Humboldt Bay ISFSI. 
Amendment No. 2 authorizes relocating the Humboldt Bay ISFSI QA plan 
from the Diablo Canyon Power Plant Part 50 QA Program to the Humboldt 
Bay Power Plant Part 50 QA Plan. Amendment No. 2 is effective as of the 
date of issuance.
    Amendment No. 2 complies with the standards and requirements of the 
Atomic Energy Act of 1954, as amended (the Act), and the NRC's rules 
and regulations. The NRC has made appropriate findings, as required by 
the Act and the NRC's rules and regulations in 10 CFR Chapter I, which 
are set forth in Amendment No. 2. The issuance of Amendment No. 2 
satisfied the criteria specified in 10 CFR 51.22(c)(11) for a 
categorical exclusion. Thus, the preparation of an environmental 
assessment or an environmental impact statement is not required.

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 relocation of the Humboldt 
Bay ISFSI QA plan, 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 the 
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 Meta-System Help Desk, which is 
available between 8 a.m. and 8 p.m., Eastern Time, Monday through 
Friday, excluding government holidays. The Meta-System Help Desk can be 
contacted by telephone at 1-866-672-7640 or by e-mail 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,

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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 
2.309(c)(1)(i)-(viii).
    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 November 9, 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
    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 staff's review and evaluation of the amendment. 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 NRC's 
Agencywide Document Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The ADAMS 
Accession Number for the application, dated April 20, 2009, is 
ML091190693. The ADAMS Accession Number for the staff's SER is 
ML092400409.
    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact NRC's Public Document 
Room (PDR) 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 NRC's PDR, O1-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 28th day of August, 2009.
    For the Nuclear Regulatory Commission.
Shana R. Helton,
Senior Project Manager, Licensing Branch, Division of Spent Fuel 
Storage and Transportation, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. E9-21613 Filed 9-4-09; 8:45 am]
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