[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Pages 60147-60149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24393]



[Docket No. 72-08; NRC-2010-0011]

Calvert Cliffs Nuclear Power Plant, LLC; Independent Spent Fuel 
Storage Installation; Notice of Issuance of Amendment to Materials 
License No. SNM-2505

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Issuance of Amendment to Materials License No. SNM-


DATES: A request for a hearing must be filed by November 29, 2010.

Licensing Branch, 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) 492-3325; e-mail: [email protected].


I. Introduction

    By application dated June 15, 2009, as supplemented February 18, 
March 31, May 6, and September 1, 2010, Calvert Cliffs Nuclear Power 
Plant, LLC (CCNPP) submitted an application to NRC, in accordance with 
10 CFR Part 72, requesting an amendment to NRC Materials License No. 
SNM-2505. CCNPP's application requested that the Independent Spent Fuel 
Storage Installation (ISFSI) Technical Specifications (TS) be revised 
as follows:
    1. TS Limiting Condition for Operation (LCO) 3.1.1(3), ``Fuel to be 
Stored at ISFSI.'' Increases the maximum assembly average burnup limit 
for fuel stored in the NUHOMS[supreg]-32P Dry Storage Canisters (DSCs) 
to 52,000 MWd/MTU,
    2. TS 2.1, ``Fuel to be Stored at ISFSI.'' Adds a new gamma source 
for the NUHOMS[supreg]-32P DSC of 1.61 x 10\15\ MeV/sec/assembly to 
allow fuel that reaches the TS LCO 3.1.1(5) assembly thermal limit with 
a maximum cooling time of seven years to be loaded. Raises the 
NUHOMS[supreg]-32P DSC neutron source to 4.175 x 10\8\ neutrons/sec/
assembly to support storage of the higher burnup fuel.
    3. LCO, ``Maximum Air Temperature Rise.'' Raises the 
allowable air temperature rise from inlet to outlet of the Horizontal 
Storage Module from 60 [deg]F to 64 [deg]F.
    In accordance with 10 CFR 72.16, a Notice of Docketing was 
published in the Federal Register on January 14, 2010 (75 FR 2163). 
Pursuant to 10 CFR 72.46(b)(2), on September 9, 2010, the NRC approved 
and issued Amendment No. 9 to Materials License No. SNM-2505, held by 
CCNPP for the receipt, possession, transfer, and storage of spent fuel 
at the Calvert Cliffs ISFSI. Amendment No. 9 was effective as of the 
date of issuance.
    Amendment No. 9 complies with the standards and requirements of the 
Atomic Energy Act of 1954, as amended (the Act), and the NRC's rules 
and regulations. As required by the Act and the NRC's rules and 
regulations in 10 CFR Chapter I, the NRC has made appropriate findings, 
which are set forth in Amendment No. 9 Safety Evaluation Report (SER). 
The issuance of Amendment No. 9 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 

II. Opportunity To Request a Hearing

    In accordance with 10 CFR 72.46(b)(2), the staff has determined 
that this license amendment does not present a genuine issue as to 
whether public health and safety will be significantly affected. 
Therefore, immediate action on the license amendment may be taken and a 
notice of the action will be promptly published in the Federal 
Register. This Federal Register notice also informs interested persons 
of the right 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 Viewer\TM\ to 
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer\TM\ 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

[[Page 60148]]

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., 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(a), 
(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 also be met.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by November 29, 2010.
    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 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

[[Page 60149]]

Accession Numbers for the applicable documents are:

                                                       ADAMS  Accession
            Document                    Date                 No.
License Amendment Request......  June 15, 2009.....  ML091680541.
Response to First Request for    February 18, 2010.  ML100560175.
 Additional Information.
Supplemental Information.......  March 31, 2010....  ML100950449.
Response to Second Request for   September 1, 2010.  ML102530139.
 Additional Information.
License Amendment No. 1          September 14, 2010  ML102571628.
 Issuance Package.
Safety Evaluation Report.......  September 14, 2010  ML102571637.

    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 21st day of September, 2010.

    For the Nuclear Regulatory Commission.
Eric Benner,
Chief, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2010-24393 Filed 9-28-10; 8:45 am]