[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1431-1433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00295]


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NUCLEAR REGULATORY COMMISSION

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


Pacific Gas and Electric Company; Diablo Canyon Independent Spent 
Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: License renewal application; receipt; notice of opportunity to 
request a hearing and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an 
application for the renewal of Special Nuclear Materials (SNM) License 
No. SNM-2511, which currently authorizes Pacific Gas and Electric 
Company (PG&E, the licensee) to receive, possess, transfer, and store 
spent fuel from the Diablo Canyon Nuclear Power Plant (DCNPP) in the 
Diablo Canyon Independent Spent Fuel Storage Installation (ISFSI). The 
renewed license would authorize PG&E to continue to store spent fuel in 
the Diablo Canyon ISFSI for an additional 40 years beyond the current 
license expiration date of March 22, 2024.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by March 13, 2023.

ADDRESSES: Please refer to Docket ID NRC-2022-0220 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0220. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Christopher Markley, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6293; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC has received, by letter dated March 9, 2022, an application 
from PG&E for renewal of SNM License No. SNM-2511 for the Diablo Canyon 
ISFSI for an additional 40 years (ADAMS Accession No. ML22068A189). The 
license currently authorizes PG&E to receive, possess, transfer, and 
store spent fuel from the DCNPP in the Diablo

[[Page 1432]]

Canyon ISFSI, located at the DCNPP site in San Luis Obispo County, 
California until the license term expires on March 22, 2024. This 
license renewal, if approved, would authorize PG&E to continue to store 
spent fuel at the Diablo Canyon ISFSI for an additional 40 years beyond 
its initial expiration, under the provisions of part 72 of title 10 of 
the Code of Federal Regulations (10 CFR), ``Licensing Requirements for 
the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive 
Waste, and Reactor-Related Greater Than Class C Waste.''
    Following an NRC administrative completeness review, documented in 
a letter to PG&E dated September 8, 2022 (ADAMS Accession No. 
ML22238A239), the NRC staff has determined that the renewal application 
contains sufficient information for the NRC staff to begin its 
technical review and is acceptable for docketing. The application has 
been docketed in Docket No. 72-26, the existing docket for SNM License 
No. SNM-2511. If the NRC approves the renewal application, the approval 
will be documented in the renewal of SNM License No. SNM-2511. The NRC 
will approve the license renewal application if it determines that the 
application meets the standards and requirements of the Atomic Energy 
Act of 1954, as amended (the Act), and the NRC's regulations. These 
findings will be documented in a safety evaluation report. The NRC will 
complete an environmental evaluation, in accordance with 10 CFR part 
51, to determine if the preparation of an environmental impact 
statement is warranted or if an environmental assessment and finding of 
no significant impact are appropriate. This action will be the subject 
of a subsequent notice in the Federal Register.

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

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. If a petition is filed, the presiding 
officer will rule on the petition and, if appropriate, a notice of a 
hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    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 submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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 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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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. ET on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email 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 document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://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 Electronic Filing Help Desk is available between 9:00 
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing

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adjudicatory documents in this manner are responsible for serving their 
documents on all other participants. Participants granted an exemption 
under 10 CFR 2.302(g)(2) must still meet the electronic formatting 
requirement in 10 CFR 2.302(g)(1), unless the participant also seeks 
and is granted an exemption from 10 CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal 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 
should not include copyrighted materials in their submission.

    Dated: January 5, 2023.

    For the Nuclear Regulatory Commission.
Kristina L. Banovac,
Acting Chief, Storage and Transportation Licensing Branch, Division of 
Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2023-00295 Filed 1-9-23; 8:45 am]
BILLING CODE 7590-01-P