[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2247-2261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00720]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-003, 50-247, 50-286, 72-51, 50-333, 72-12, 50-220, 50-
410, 72-1036, 50-244, 72-67, 50-275, 50-323, 72-26, 50-361, 50-362, and 
72-41; EA-14-137, EA-14-135, EA-14-136, EA-14-138, EA-14-139, EA-14-
134, and EA-14-140; NRC-2016-0007]


In the Matter of Entergy Nuclear Operations, Inc., Indian Point 
Nuclear Generating Unit Nos. 1, 2, and 3, and James A. Fitzpatrick 
Nuclear Power Plant; Exelon Generation Company, LLC, Nine Mile Point 
Nuclear Station, Units 1 and 2, and R.E. Ginna Nuclear Power Plant; 
Pacific Gas and Electric Company, Diablo Canyon Power Plant, Units 1 
and 2; and Southern California Edison Company, San Onofre Nuclear 
Generating Station, Units 2 and 3, including Independent Spent Fuel 
Storage Installations for All Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is authorizing 
the licensees to transfer, receive, possess, transport, import, and use 
certain firearms and large-capacity ammunition feeding devices not 
previously permitted to be owned or possessed under Commission 
authority, notwithstanding certain local, State, or Federal firearms 
laws, including regulations that prohibit such actions, as reflected in 
the confirmatory orders for the nuclear plant facilities listed above.

DATES: Each confirmatory order was issued to the licensees on January 
5, 2016. The effective dates are reflected in the attached orders.

ADDRESSES: Please refer to Docket ID: NRC-2016-0007 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 Web site: Go to http://www.regulations.gov and search for Docket ID: NRC-2016-0007. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. 
Orders EA-14-135, EA-14-136, EA-14-137, EA-14-138, EA-14-139, EA-14-
134, and EA-14-140 are available in ADAMS under Accession Nos. 
ML15176A264, ML15176A028, ML15176A306, ML15176A256, ML15174A020, and 
ML15174A102, respectively.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Siva P. Lingam, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1564, email: [email protected] .

SUPPLEMENTARY INFORMATION: The text of each Order is attached.

    Dated at Rockville, Maryland, this 7th day of January 2016.
    For the Nuclear Regulatory Commission.
Anne T. Boland,
Director, Division of Operating Reactor Licensing, Office of Nuclear 
Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Entergy Nuclear Operations, Inc., Entergy Nuclear 
Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC

(Indian Point Nuclear Generating Unit Nos. 1, 2, and 3)

Docket Nos. 50-003, 50-247, 50-286, AND 72-51

License Nos. DPR-5, DPR-26, and DPR-64

EA-14-135 and EA-14-136

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Entergy Nuclear Indian Point 2, LLC, is the owner of Indian Point 
Nuclear Generating Unit Nos. 1 and 2; Entergy Nuclear Indian Point 3, 
LLC, is the owner of Indian Point Nuclear Generating Unit No. 3, and 
Entergy Nuclear Operations, Inc. (``Entergy'' or ``the licensee'') is 
the operator of Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, 
including the general-licensed Independent Spent Fuel Storage 
Installation (hereinafter ``Indian Point'' or ``the facility''), and 
holder of Provisional Operating License No. DPR-5, Facility Operating 
License Nos. DPR-26 and DPR-64, and Docket No. 72-51 issued by the U.S. 
Nuclear Regulatory Commission (``NRC'' or ``Commission'') under Title 
10, ``Energy,'' of the Code of Federal Regulations (10 CFR) Part 50, 
``Domestic Licensing of Production and Utilization Facilities''; Part 
70, ``Domestic Licensing of Special Nuclear Material''; and Part 72, 
``Licensing Requirements for the Independent Storage of Spent Nuclear 
Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than 
Class C Waste.'' The licenses authorize the operation of Indian Point 
with the conditions specified therein. The facilities are located on 
the owner's site in Westchester County, New York.

II.

    By application dated August 20, 2013 as supplemented by letters 
dated November 21, 2013, and May 13 and July 24, 2014, and citing 
letters dated April 27 and October 27, 2011, and January 4, 2012, 
Entergy requested, under Commission Order EA-13-092, that under the 
provisions of Section 161A of the Atomic Energy Act of 1954, as 
amended, the Commission permit the transfer, receipt, possession, 
transport, import, and use of certain firearms and large-capacity 
ammunition-feeding devices by security personnel who protect a facility 
owned or operated by a licensee or certificate holder of the Commission 
that is designated by the Commission. Section 161A confers on the 
Commission the authority to permit a licensee's security personnel to 
possess and use firearms, ammunition or devices, notwithstanding local, 
State, and certain Federal firearms laws (including regulations) that 
may prohibit such possession and use.
    On review of the Entergy application for Commission authorization 
to use Section 161A preemption authority at Indian Point, the NRC staff 
has found the following:

[[Page 2248]]

    (1) Entergy's application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials'';
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section161A preemption 
authority are consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings, set forth above, are supported by an NRC staff safety 
evaluation under Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML14259A209.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the licenses for Indian Point must be 
modified to include provisions with respect to the Commission 
authorization to use Section 161A preemption authority as identified in 
Section II of this confirmatory order. The requirements needed to 
exercise the foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); and in 10 
CFR 72.212(b)(9), ``Conditions of the General License Issued Under 
Sec.  72.210,'' and portions of 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for general-license independent spent 
fuel storage installations co-located with a reactor at the reactor 
site).
    On January 16, 2015, Entergy consented to the issuance of this 
order. The licensee further agreed that this order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The Entergy application for Commission authorization to use 
Section 161A preemption authority at Indian Point is approved and 
permission for security personnel to possess and use weapons, devices, 
ammunition, or other firearms, notwithstanding local, State, and 
certain Federal firearms laws (including regulations) that may prohibit 
such possession and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices to 10 CFR part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation (NRR), and the Director, Office of Nuclear Material Safety 
and Safeguards (NMSS) may take action to relax or rescind any or all of 
the requirements set forth in this confirmatory order.
    The Director, NRR, and the Director, NMSS, may, in writing, relax 
or rescind this confirmatory order on demonstration by the licensee of 
good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML14259A209), which is available for public 
inspection at the Commission's Public Document Room (PDR) located at 
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents stored in ADAMS should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by 
email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    All documents filed in NRC adjudicatory proceedings (including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding before the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c)) 
must be filed in accordance with the NRC E-Filing rule (published at 72 
FR 49139 on August 28, 2007). 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. 
Participants may not submit paper copies of their filings unless they 
seek an exemption in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, the 
participant should contact the Office of the Secretary (at least 10 
days before the

[[Page 2249]]

filing deadline) by email to [email protected] or by telephone at 
(301) 415-1677 to (1) request a digital ID certificate, which allows 
the participants (or its counsel or representative) to digitally sign 
documents and access the E-Submittal server for any proceeding in which 
it is participating; and (2) advise the Secretary that the participant 
will be submitting a request or petition for hearing (even in instances 
in which the participant, or its counsel or representative, already 
holds an NRC-issued digital ID certificate). Based on this information, 
the Secretary will establish an electronic docket for the hearing in 
this proceeding if the Secretary has not already established an 
electronic docket.
    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/getting-started.html. System requirements for accessing the 
E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site to file 
documents, but should note that the NRC's E-Filing system does not 
support unlisted software and that the NRC Meta System Help Desk will 
not be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's Web-based online submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC Web site. 
Further information on the Web-based submission form, including the 
installation of the Web browser plug-in, is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be 
Portable Document Format (PDF) documents 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 documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. eastern time on the due date. On 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC's 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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m. 
eastern time, Monday through Friday, excluding Government holidays.
    Participants who believe that they have a 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 
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, MD 
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 on depositing the document 
with the provider of the service. A presiding officer, having granted 
an exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding officer. Participants are requested not 
to include personally private information such as social security 
numbers, home addresses, or home 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 are requested not to include 
copyrighted materials in their submission.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

/RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

/RA/

Scott W. Moore,

Acting Director, Office of Nuclear Material Safety and Safeguards.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Entergy Nuclear FitzPatrick, LLC, and Entergy Nuclear 
Operations, Inc. (James A. Fitzpatrick Nuclear Power Plant)

Docket Nos. 50-333 and 72-12

License No. DPR-59

EA-14-137


[[Page 2250]]



CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Entergy Nuclear FitzPatrick, LLC, is the owner and Entergy Nuclear 
Operations, Inc. (``Entergy'' or ``the licensee'') is the operator of 
the James A. Fitzpatrick Nuclear Power Plant, including the general-
licensed Independent Spent Fuel Storage Installation (hereinafter 
``JAFNPP'' or ``the facility''), and holder of Provisional Renewed 
Facility Operating License No. DPR-59 and Docket No. 72-12 issued by 
the U.S. Nuclear Regulatory Commission (``NRC'' or ``Commission'') 
under Title 10, ``Energy,'' of the Code of Federal Regulations (10 CFR) 
Part 50, ``Domestic Licensing of Production and Utilization 
Facilities''; Part 70, ``Domestic Licensing of Special Nuclear 
Material''; and Part 72, ``Licensing Requirements for the Independent 
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and 
Reactor-Related Greater Than Class C Waste.'' The license authorizes 
the operation of JAFNPP with the conditions specified therein. The 
facility is located on the owner's site in Oswego County, New York.

II.

    By application dated August 30, 2013, as supplemented by letters 
dated November 12, 2013, and May 14 and July 11, 2014, Entergy 
requested, under Commission Order EA-13-092, that under the provisions 
of Section 161A of the Atomic Energy Act of 1954, as amended, the 
Commission permit the transfer, receipt, possession, transport, import, 
and use of certain firearms and large-capacity ammunition-feeding 
devices by security personnel who protect a facility owned or operated 
by a licensee or certificate holder of the Commission that is 
designated by the Commission. Section 161A confers on the Commission 
the authority to permit a licensee's security personnel to possess and 
use firearms, ammunition or devices, notwithstanding local, State, and 
certain Federal firearms laws (including regulations) that may prohibit 
such possession and use.
    On review of the Entergy application for Commission authorization 
to use Section 161A preemption authority at JAFNPP, the NRC staff has 
found the following:
    (1) Entergy's application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials'';
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority are consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings, set forth above, are supported by an NRC staff safety 
evaluation under Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML14259A164.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the license for JAFNPP must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); and in 10 
CFR 72.212(b)(9), ``Conditions of the General License Issued Under 
Sec.  72.210,'' and portions of 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for general-license independent spent 
fuel storage installations co-located with a reactor at the reactor 
site).
    On January 15, 2015, Entergy consented to the issuance of this 
order. The licensee further agreed that this order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The Entergy application for Commission authorization to use 
Section 161A preemption authority at JAFNPP is approved and permission 
for security personnel to possess and use weapons, devices, ammunition, 
or other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices to 10 CFR part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation (NRR) may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Director, NRR, may, in writing, relax or rescind this 
confirmatory order on demonstration by the licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML14259A164), which is available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File

[[Page 2251]]

Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available documents created or received at the NRC are 
accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents stored in 
ADAMS should contact the NRC PDR reference staff by telephone at 1-800-
397-4209 or 301-415-4737, or by email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding before the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (published at 72 
FR 49139, on August 28, 2007). 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. 
Participants may not submit paper copies of their filings unless they 
seek an exemption in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to [email protected] or 
by telephone at (301) 415-1677 to (1) request a digital ID certificate, 
which allows the participants (or its counsel or representative) to 
digitally sign documents and access the E-Submittal server for any 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for 
hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based on this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    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/getting-started.html. System requirements for accessing the 
E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site to file 
documents, but should note that the NRC's E-Filing system does not 
support unlisted software and that the NRC Meta System Help Desk will 
not be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's Web-based online submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC Web site. 
Further information on the Web-based submission form, including the 
installation of the Web browser plug-in, is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be 
Portable Document Format (PDF) documents 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 documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. eastern time on the due date. On 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC's 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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m. 
eastern time, Monday through Friday, excluding Government holidays.
    Participants who believe that they have a 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 
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, MD 
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 on depositing the document 
with the provider of the service. A presiding officer, having granted 
an exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding

[[Page 2252]]

officer. Participants are requested not to include personally private 
information such as social security numbers, home addresses, or home 
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 are requested not to include copyrighted materials in 
their submission.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

    /RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Exelon Generation Company, LLC (Nine Mile Point 
Nuclear Station, Units 1 and 2)

Docket Nos. 50-220, 50-410, and 72-1036

License Nos. DPR-63 and NPF-69

EA-14-138

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Exelon Generation Company, LLC (Exelon, or the licensee) is the 
owner and operator of Nine Mile Point Nuclear Station, Units 1 and 2, 
including the general-licensed Independent Spent Fuel Storage 
Installation (hereinafter NMPNS or the facility), and holder of 
Provisional Facility Operating Licenses Nos. DPR-63, NPR-69, and Docket 
No. 72-1036 issued by the U.S. Nuclear Regulatory Commission (NRC or 
Commission) under Title 10 ``Energy,'' of the Code of Federal 
Regulations (10 CFR) Part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' Part 70, ``Domestic Licensing of Special 
Nuclear Material;'' and Part 72, ``Licensing Requirements for the 
Independent Storage of Spent Nuclear Fuel, High-Level Radioactive 
Waste, and Reactor-Related Greater Than Class C Waste.'' The licenses 
authorize the operation of NMPNS with the conditions specified therein. 
The facility is located on the owner's site in Oswego County, New York.

II.

    By application dated August 14, 2013, as supplemented by letters 
dated September 10, 2013, and May 14, 2014, Exelon requested, under 
Commission Order EA-13-092, that under the provisions of Section 161A 
of the Atomic Energy Act of 1954, as amended, the Commission permit the 
transfer, receipt, possession, transport, import, and use of certain 
firearms and large-capacity ammunition-feeding devices by security 
personnel who protect a facility owned or operated by a licensee or 
certificate holder of the Commission that is designated by the 
Commission. Section 161A confers on the Commission the authority to 
permit a licensee's security personnel to possess and use firearms, 
ammunition or devices, notwithstanding local, State, and certain 
Federal firearms laws (including regulations) that may prohibit such 
possession and use.
    On review of the Exelon application for Commission authorization to 
use Section 161A preemption authority at NMPNS, the NRC staff has found 
the following:
    (1) The Exelon application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials'';
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority are consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings set forth above are supported by an NRC staff safety 
evaluation under Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML14254A450.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the license for NMPNS must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); and in 10 
CFR 72.212(b)(9), ``Conditions of the General License Issued Under 
Sec.  72.210,'' and portions of 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for general-license independent spent 
fuel storage installations co-located with a reactor at the reactor 
site).
    On January 16, 2015, Exelon consented to the issuance of this 
order. The licensee further agreed that this order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR

[[Page 2253]]

part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The Exelon application for Commission authorization to use 
Section 161A preemption authority at NMPNS is approved and permission 
for security personnel to possess and use weapons, devices, ammunition, 
or other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices to 10 CFR part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation (NRR), may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Director, NRR, may, in writing, relax or rescind this 
confirmatory order on demonstration by the licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML14254A450), which is available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents stored in ADAMS should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by 
email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding before the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (published at 72 
FR 49139, on August 28, 2007). 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. 
Participants may not submit paper copies of their filings unless they 
seek an exemption in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to [email protected] or 
by telephone at (301) 415-1677 to (1) request a digital ID certificate, 
which allows the participants (or its counsel or representative) to 
digitally sign documents and access the E-Submittal server for any 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for 
hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based on this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    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/getting-started.html. System requirements for accessing the 
E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site to file 
documents, but should note that the NRC's E-Filing system does not 
support unlisted software and that the NRC Meta System Help Desk will 
not be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's Web-based online submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC Web site. 
Further information on the Web-based submission form, including the 
installation of the Web browser plug-in, is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be 
Portable Document Format (PDF) documents 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 documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. eastern time on the due date. On 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC's 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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by

[[Page 2254]]

contacting the NRC Meta System Help Desk through the ``Contact Us'' 
link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free 
call to (866) 672-7640. The NRC Meta System Help Desk is available 
between 8 a.m. and 8 p.m. eastern time, Monday through Friday, 
excluding Government holidays.
    Participants who believe that they have a 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 
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, MD 
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 on depositing the document 
with the provider of the service. A presiding officer, having granted 
an exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding officer. Participants are requested not 
to include personally private information such as social security 
numbers, home addresses, or home 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 are requested not to include 
copyrighted materials in their submission.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

    /RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Exelon Generation Company, LLC (R.E. Ginna Nuclear 
Power Plant)

Docket Nos. 50-244 and 72-67

License No. DPR-18

EA-14-139

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Exelon Generation Company, LLC (Exelon, or the licensee) is the 
owner and operator of R.E. Ginna Nuclear Power Plant (Ginna), including 
the general-licensed Independent Spent Fuel Storage Installation 
(hereinafter Ginna or the facility), and holder of Provisional Renewed 
Facility Operating Licenses No. DPR-18 and Docket No. 72-67 issued by 
the U.S. Nuclear Regulatory Commission (NRC or Commission) under Title 
10, ``Energy,'' of the Code of Federal Regulations (10 CFR) Part 50, 
``Domestic Licensing of Production and Utilization Facilities,'' Part 
70, ``Domestic Licensing of Special Nuclear Material;'' and Part 72, 
``Licensing Requirements for the Independent Storage of Spent Nuclear 
Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than 
Class C Waste.'' The license authorizes the operation of Ginna with the 
conditions specified therein. The facility is located on the owner's 
site in Wayne County, New York.

II.

    By application dated August 14, 2013, as supplemented by letters 
dated November 4, 2013, and May 14, 2014, Exelon requested, under 
Commission Order (EA-13-092), that under the provisions of Section 161A 
of the Atomic Energy Act of 1954, as amended, the Commission permit the 
transfer, receipt, possession, transport, import, and use of certain 
firearms and large capacity ammunition feeding devices, by security 
personnel who protect a facility owned or operated by a licensee or 
certificate holder of the Commission that is designated by the 
Commission. Section 161A confers on the Commission the authority to 
permit a licensee's security personnel to possess and use firearms, 
ammunition or devices, notwithstanding local, State, and certain 
Federal firearms laws (including regulations) that may prohibit such 
possession and use.
    On review of the Exelon application for Commission authorization to 
use Section 161A preemption authority at Ginna, the NRC staff has found 
the following:
    (1) The Exelon application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials;''
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority are consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings, set forth above, are supported by an NRC staff safety 
evaluation under Agencywide

[[Page 2255]]

Documents Access and Management System (ADAMS) Accession No. 
ML14260A166.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the license for Ginna, must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); and in 10 
CFR 72.212(b)(9), ``Conditions of the General License Issued Under 
Sec.  72.210,'' and portions of 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for general-license independent spent 
fuel storage installations co-located with a reactor at the reactor 
site).
    On January 16, 2015, Exelon consented to the issuance of this 
order. The licensee further agreed that this order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The Exelon application for Commission authorization to use 
Section 161A preemption authority at Ginna is approved and permission 
for security personnel to possess and use weapons, devices, ammunition, 
or other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices to 10 CFR part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation (NRR) may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Director, NRR, may, in writing, relax or rescind this 
confirmatory order on demonstration by the licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession Nos. ML14260A166 and ML14260A151), which is 
available for public inspection at the Commission's Public Document 
Room (PDR), located at One White Flint North, Public File Area 01 F21, 
11555 Rockville Pike (first floor), Rockville, Maryland. Publicly 
available documents created or received at the NRC are accessible 
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents stored in ADAMS should 
contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 
301-415-4737, or by email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding before the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (published at 72 
FR 49139, on August 28, 2007). 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. 
Participants may not submit paper copies of their filings unless they 
seek an exemption in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to [email protected] or 
by telephone at (301) 415-1677 to (1) request a digital ID certificate, 
which allows the participants (or its counsel or representative) to 
digitally sign documents and access the E-Submittal server for any 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for 
hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based on this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    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/getting-started.html. System requirements for accessing the 
E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site to file 
documents, but should note that the NRC's E-Filing system does not 
support unlisted software and that the NRC Meta System Help Desk will 
not be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in

[[Page 2256]]

accordance with the E-Filing rule, the participant must file the 
document using the NRC's Web-based online submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC Web site. 
Further information on the Web-based submission form, including the 
installation of the Web browser plug-in, is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be 
Portable Document Format (PDF) documents 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 documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. eastern time on the due date. On 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC's 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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m. 
eastern time, Monday through Friday, excluding Government holidays.
    Participants who believe that they have a 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 
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, MD 
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 on depositing the document 
with the provider of the service. A presiding officer, having granted 
an exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding officer. Participants are requested not 
to include personally private information such as social security 
numbers, home addresses, or home 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 are requested not to include 
copyrighted materials in their submission.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

/RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Pacific Gas and Electric Company (Diablo Canyon 
Nuclear Power Plant, Units 1 and 2, and DCPP Independent Spent Fuel 
Storage Installation)

Docket Nos. 50-275, 50-323, and 72-26

License Nos. DPR-80, DPR-82, and SNM-2511

EA-14-140

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Pacific Gas and Electric Company (PG&E), is the owner and operator 
of Diablo Canyon Nuclear Power Plant Units 1 and 2, including the 
specific-license Independent Spent Fuel Storage Installation 
(hereinafter ``DCNPP'' or ``the facility''), and holder of Facility 
Operating License Nos. DPR-80, DPR-82, and SNM-2511 issued by the U.S. 
Nuclear Regulatory Commission (``NRC'' or ``Commission'') under Title 
10, ``Energy,'' of the Code of Federal Regulations (10 CFR) Part 50, 
``Domestic Licensing of Production and Utilization Facilities''; Part 
70, ``Domestic Licensing of Special Nuclear Material''; and Part 72, 
``Licensing Requirements for the Independent Storage of Spent Nuclear 
Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than 
Class C Waste.'' The licenses authorize the operation of DCNPP with the 
conditions specified therein. The facilities are located on the owner's 
site in San Luis Obispo County, California.

II.

    By application dated September 24, 2013 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML13268A398), as 
supplemented by letters dated December 18, 2013 (security-related), May 
15, 2014 (ADAMS Accession No. ML14135A379), and March 26, 2015 (ADAMS 
Accession No. ML15090A278), PG&E requested, under Commission Order EA-
13-092, that under the provisions of Section 161A of the Atomic Energy 
Act of 1954, as amended, the Commission permit the transfer,

[[Page 2257]]

receipt, possession, transport, import, and use of certain firearms and 
large-capacity ammunition-feeding devices by security personnel who 
protect a facility owned or operated by a licensee or certificate 
holder of the Commission that is designated by the Commission. Section 
161A confers on the Commission the authority to permit a licensee's 
security personnel to possess and use firearms, ammunition, or devices, 
notwithstanding State, local, and certain Federal firearms laws that 
may prohibit such possession and use.
    On review of the PG&E application for Commission authorization to 
use Section 161A Preemption authority at DCNPP, the NRC staff has found 
the following:
    (1) PG&E's application complies with the standards and requirements 
of Section 161A and the Commission's rules and regulations set forth in 
10 CFR part 73, ``Physical Protection of Plants and Materials,''
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission,
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority is consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order,
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public, and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings set forth above are supported by an NRC staff safety 
evaluation under Accession Number ML15029A249.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the licenses for DCNPP must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors) and 10 CFR 
73.55, ``Requirements for Physical Protection of Licensed Activities in 
Nuclear Power Reactors against Radiological Sabotage'' (for specific-
license independent spent fuel storage installations co-located with a 
reactor at the reactor site).
    On March 26, 2015, PG&E consented to the issuance of this order. 
The licensee further agreed that this order will be effective 20 days 
after the date of issuance and that it has waived its right to a 
hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 70; and 10 CFR part 72, IT IS HEREBY ORDERED that:
    1. The PG&E application for Commission authorization to use Section 
161A preemption authority at DCNPP is approved, and permission for 
security personnel to possess and use weapons, devices, ammunition, or 
other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73 
(including the related appendices) will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Reactor 
Regulation, and the Director, Office of Nuclear Material Safety and 
Safeguards may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Directors of the Office of Nuclear Reactor Regulation and the 
Office of Nuclear Materials Safety and Safeguards may, in writing, 
relax or rescind this confirmatory order on demonstration by the 
licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML15029A249), which is available for public 
inspection at the Commission's Public Document Room (PDR) located at 
One White Flint North, Public File Area 01 F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents stored in ADAMS should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by 
email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this order should be sustained.
    All documents filed in NRC adjudicatory proceedings (including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding before the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c)) 
must be filed in accordance with the

[[Page 2258]]

NRC E-Filing rule (published at 72 FR 49139 on August 28, 2007). 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. Participants may not submit paper 
copies of their filings unless they seek an exemption in accordance 
with the procedures described below.
    To comply with the procedural requirements of E-Filing, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to [email protected] or 
by telephone at 301-415-1677 to (1) request a digital identification 
(ID) certificate, which allows the participant (or his or her counsel 
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or his or her counsel or representative, already holds an 
NRC-issued digital ID certificate). Based on this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site to file 
documents, but they should note that the NRC's E-Filing system does not 
support unlisted software and that the NRC Meta System Help Desk will 
not be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's Web-based online submission form. To serve 
documents through the Electronic Information Exchange, users will be 
required to install a Web browser plug-in from the NRC Web site. 
Further information on the Web-based submission form, including the 
installation of the Web browser plug-in, is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be 
Portable Document Format (PDF) documents 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 documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. eastern time on the due date. On 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC's 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 or petition to intervene is filed so that they can obtain 
access to the filed documents through the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m. 
eastern time, Monday through Friday, excluding Government holidays.
    Participants who believe that they have a 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 
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, 16th Floor, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 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 on depositing the document with the provider 
of the service. A presiding officer, having granted an exemption 
request from using E-Filing, may require a participant or party to use 
E-Filing if the presiding officer subsequently determines that the 
reason for granting the exemption from use of E-Filing no longer 
exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, available to the public at http://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the 
Commission or by the presiding officer. Participants are requested not 
to include personally private information such as social security 
numbers, home addresses, or home 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 are requested not to include 
copyrighted materials in their submission.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

    /RA/

William M. Dean,

Director, Office of Nuclear Reactor Regulation.

    /RA/

Scott W. Moore,

Acting Director, Office of Nuclear Material Safety and Safeguards.

[[Page 2259]]

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Southern California Edison Company (San Onofre Nuclear 
Generating Station, Units 2 and 3, and Independent Spent Fuel Storage 
Installation)

Docket Nos. 50-361, 50-362, and 72-41

License Nos. NPF-10 and NPF-15

EA-14-140

CONFIRMATORY ORDER MODIFYING LICENSE

I.

    Southern California Edison Company (SCE), is the owner and operator 
of the San Onofre Nuclear Generating Station, Units 2 and 3, including 
the general-license Independent Spent Fuel Storage Installation 
(hereinafter ``SONGS'' or ``the facility''), and holder of Facility 
Operating License Nos. NPF-10, NPF-15, and Docket No. 72-41, issued by 
the U.S. Nuclear Regulatory Commission (``NRC'' or ``Commission'') 
under Title 10, ``Energy,'' of the Code of Federal Regulations (10 CFR) 
Part 50, ``Domestic Licensing of Production and Utilization 
Facilities''; Part 70, ``Domestic Licensing of Special Nuclear 
Material''; and Part 72, ``Licensing Requirements for the Independent 
Storage of Spent Fuel, High-Level Radioactive Waste, and Reactor-
Related Greater Than Class C Waste.'' The licenses authorize the 
operation of SONGS with the conditions specified therein. The 
facilities are located on the owner's site in San Diego County, 
California.

II.

    By application dated August 28, 2013 (Agencywide Documents Access 
and Management System (ADAMS) Accession No. ML13242A277), as 
supplemented by letters dated December 31, 2013 (ADAMS Accession No. 
ML14007A496), May 15, 2014 (ADAMS Accession No. ML14139A424), and 
February 10, 2015 (ADAMS Accession No. ML15044A047), SCE requested, 
under Commission Order EA-13-092, that under the provisions of Section 
161A of the Atomic Energy Act of 1954, as amended, the Commission 
permit the transfer, receipt, possession, transport, import, and use of 
certain firearms and large-capacity ammunition-feeding devices by 
security personnel who protect a facility owned or operated by a 
licensee or certificate holder of the Commission that is designated by 
the Commission. Section 161A confers on the Commission the authority to 
permit a licensee's security personnel to possess and use firearms, 
ammunition, or devices, notwithstanding local, State, and certain 
Federal firearms laws (including regulations) that may prohibit such 
possession and use.
    On review of the SCE application for Commission authorization to 
use Section 161A preemption authority at SONGS, the NRC staff has found 
the following:
    (1) SCE's application complies with the standards and requirements 
of Section 161A and the Commission's rules and regulations set forth in 
10 CFR part 73, ``Physical Protection of Plants and Materials.''
    (2) There is reasonable assurance that the facilities will operate 
in conformance to the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission.
    (3) There is reasonable assurance that the activities permitted by 
the proposed Commission authorization to use Section 161A preemption 
authority is consistent with the protection of public health and 
safety, and that such activities will be conducted in compliance with 
the Commission's regulations and the requirements of this confirmatory 
order.
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public.
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings set forth above are supported by an NRC staff safety 
evaluation under ADAMS Accession No. ML15027A221.

III.

    To carry out the statutory authority discussed above, the 
Commission has determined that the licenses for SONGS must be modified 
to include provisions with respect to the Commission authorization to 
use Section 161A preemption authority as identified in Section II of 
this confirmatory order. The requirements needed to exercise the 
foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.55, ``Requirements for 
Physical Protection of Licensed Activities in Nuclear Power Reactors 
against Radiological Sabotage'' (for nuclear power reactors); in 10 CFR 
72.212(b)(9), ``Conditions of the General License Issued Under Sec.  
72.210,'' and portions of 10 CFR 73.55, ``Requirements for Physical 
Protection of Licensed Activities in Nuclear Power Reactors against 
Radiological Sabotage'' (for general-license independent spent fuel 
storage installations co-located with a reactor at the reactor site).
    On March 31, 2015 (ADAMS Accession No. ML15092A132) SCE consented 
to the issuance of this order. The licensee further agreed that this 
order will be effective 20 days after the date of issuance and that it 
has waived its right to a hearing on this order.

IV.

    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders''; 10 CFR part 
50; 10 CFR part 52, ``Licenses, Certifications, and Approvals for 
Nuclear Power Plants''; 10 CFR part 70; and 10 CFR part 72, IT IS 
HEREBY ORDERED that:
    1. The SCE application for Commission authorization to use Section 
161A preemption authority at SONGS is approved, and permission for 
security personnel to possess and use weapons, devices, ammunition, or 
other firearms, notwithstanding local, State, and certain Federal 
firearms laws (including regulations) that may prohibit such possession 
and use, is granted.
    2. The licensee shall review and revise its NRC-approved security 
plans, as necessary, to describe how the requirements of this 
confirmatory order and other applicable requirements of 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to include those of 
the appendices of Part 73, will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section 161A. Subsequent to the effective 
date of that final rulemaking, the Director, Office of Nuclear Material 
Safety and

[[Page 2260]]

Safeguards (NMSS) may take action to relax or rescind any or all of the 
requirements set forth in this confirmatory order.
    The Director, NMSS, may, in writing, relax or rescind this 
confirmatory order on demonstration by the licensee of good cause.
    This confirmatory order is effective 20 days after the date of its 
issuance.
    For further details with respect to this confirmatory order, see 
the staff's safety evaluation contained in a letter dated January 5, 
2016 (ADAMS Accession No. ML15027A221), which is available for public 
inspection at the Commission's Public Document Room (PDR) located at 
One White Flint North, Public File Area 01-F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available documents 
created or received at the NRC are accessible electronically through 
ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents stored in ADAMS should contact the NRC PDR 
reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by 
email to [email protected].
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this order may submit an answer to this order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this order may request a hearing on this 
order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and must include a statement of good cause for 
the extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Order should be sustained.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). 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. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    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 [email protected], 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 documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (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 hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant 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's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's 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 NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a 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 
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

[[Page 2261]]

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. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home 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 are requested not to include copyrighted 
materials in their submission.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    In the absence of any request for hearing or of written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.

    Dated at Rockville, Maryland, this 5th day of January 2016.

    FOR THE NUCLEAR REGULATORY COMMISSION.

/RA/

Scott Moore,

Acting Director, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2016-00720 Filed 1-14-16; 8:45 am]
 BILLING CODE 7590-01-P