Southern California Edison Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 34506-34508 [E5-3065]
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34506
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
days after the effective date of such
change.
4. Who is required or asked to report:
Any physician, veterinarian in the
practice of veterinary medicine, clinical
laboratory or hospital which desires a
general license to receive, acquire,
possess, transfer, or use specified units
of byproduct material in certain in vitro
clinical or laboratory tests.
5. The estimated number of annual
respondents: 364 (104 NRC licensees
and 260 Agreement State licensees).
6. The number of hours needed
annually to complete the requirement or
request: 42 hours (12 hours NRC
licensees and 30 hours Agreement State
licensees).
7. Abstract: Section 31.11 of 10 CFR
establishes a general license authorizing
any physician, clinical laboratory,
veterinarian in the practice of veterinary
medicine, or hospital to possess certain
small quantities of byproduct material
for in vitro clinical or laboratory tests
not involving the internal or external
administration of the byproduct
material or the radiation therefrom to
human beings or animals. Possession of
byproduct material under 10 CFR 31.11
is not authorized until the physician,
clinical laboratory, veterinarian in the
practice of veterinary medicine, or
hospital has filed NRC Form 483 and
received from the Commission a
validated copy of NRC Form 483 with
a registration number.
Submit, by August 15, 2005,
comments that address the following
questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions about the
information collection requirements
may be directed to the NRC Clearance
Officer, Brenda Jo. Shelton, U.S. Nuclear
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Regulatory Commission, T–5 F53,
Washington, DC 20555–0001, by
telephone at 301–415–7233, or by
Internet electronic mail to
INFOCOLLECTS@NRC.GOV.
Dated at Rockville, Maryland, this 8th day
of June 2005.
For the Nuclear Regulatory Commission.
Brenda Jo. Shelton,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. E5–3064 Filed 6–13–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–361 and 50–362]
Southern California Edison Company;
Notice of Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License Nos. NPF–
10 and NPF–15, issued to Southern
California Edison Company (SCE or the
licensee), for operation of the San
Onofre Nuclear Generating Station
(SONGS), Units 2 and 3 located in San
Diego County, California.
The proposed amendment would
lower the allowable values for dropout
and pickup of the degraded voltage
function. The amendment request was
submitted on May 27, 2005, on an
exigent basis because the need for a
license amendment to change the
degraded voltage function was not
recognized by the licensee or the NRC
staff until recently, and the licensee
requests approval of the proposed
amendment by July 1, 2005, to allow
implementation of the amendment
before the expected high summer load
period.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act) and the Commission’s
regulations.
Pursuant to 10 CFR 50.91(a)(6) for
amendments to be granted under
exigent circumstances, the NRC staff
must determine that the amendment
request involves no significant hazards
consideration.
Under the Commission’s regulations
in 10 CFR 50.92, this means that
operation of the facility in accordance
with the proposed amendment would
not (1) involve a significant increase in
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
the probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed change involve
a significant increase in the probability
or consequences of an accident
previously evaluated?
Response: No.
This proposed change revises the
Technical Specification (TS)
Surveillance Requirement (SR) 3.3.7.a
allowable values of the Degraded
Voltage Function. This proposed change
will allow Southern California Edison
(SCE) to re-establish 218 kV as the
minimum voltage on the offsite
transmission grid necessary to support
operability of the immediate access
offsite power source (also referred to as
the normal preferred power source[)].
This will be accomplished by lowering
the dropout and pickup settings,
including allowable values for dropout
and pickup of the degraded voltage
protection relays. Following approval of
this proposed change, the 4.16 kV Class
1E buses would be capable of remaining
on the normal preferred power source at
or above a grid voltage of 218 kV while
protecting all Class 1E equipment from
degraded grid conditions.
The degraded voltage protection
circuits are designed to protect electrical
equipment against the effects of
degraded voltage on the offsite
transmission networks. Therefore, these
circuits are generally not considered to
be accident initiators. However,
spurious actuation of the degraded
voltage protection relays could result in
the loss of the preferred power source
(offsite source of alternating current
(AC) power). The proposed change
lowers the allowable values for both
dropout and pickup for the degraded
voltage protection relays. This results in
an increase in operating margin and a
lower probability of spurious actuation
of these degraded voltage signals.
Therefore, there is no increase in the
probability of a Loss of Offsite Power
(preferred power source) as a result of
this proposed change.
The safety function of the degraded
voltage protection circuits is to ensure
the operability of Class 1E equipment.
SCE has performed calculations that
demonstrate that operation in
accordance with this proposed change
will not result in operation of plant
equipment at degraded voltages.
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Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
Therefore, there is no increase in the
consequences of any accident
previously evaluated.
Therefore, the proposed change does
not involve a significant increase in the
probability or consequences of any
accident previously evaluated.
2. Does the proposed change create
the possibility of a new or different kind
of accident from any accident
previously evaluated?
Response: No.
The proposed allowable values of the
degraded voltage relays will provide an
acceptable level of protection for plant
equipment.
This proposed change affects only the
voltage settings of the degraded voltage
protection relays. There is no other
change to the degraded voltage function.
There are no physical modifications
necessary to the degraded voltage
protection relays. There are no changes
to the actions performed by the relays
following actuation. Therefore, there are
no new failure modes or effects
introduced by this proposed change.
Therefore, this proposed change does
not create the possibility of a new or
different kind of accident from any
accident previously evaluated.
3. Does the proposed change involve
a significant reduction in a margin of
safety?
Response: No.
The proposed degraded voltage
protection schemes are designed to
ensure that plant equipment will not
operate at a degraded voltage. The
proposed degraded voltage allowable
values will not affect the existing
protection criterion for plant equipment.
This maintains the existing margin of
safety for plant equipment.
Therefore, there is no significant
reduction in the margin of safety as a
result of the proposed amendment.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 14 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of the 14-day notice period.
However, should circumstances change
during the notice period, such that
failure to act in a timely way would
result, for example, in derating or
VerDate jul<14>2003
20:14 Jun 13, 2005
Jkt 205001
shutdown of the facility, the
Commission may issue the license
amendment before the expiration of the
14-day notice period, provided that its
final determination is that the
amendment involves no significant
hazards consideration. The final
determination will consider all public
and State comments received. Should
the Commission take this action, it will
publish in the Federal Register a notice
of issuance. The Commission expects
that the need to take this action will
occur very infrequently.
Written comments may be submitted
by mail to the Chief, Rules and
Directives Branch, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D59, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the licensee
may file a request for a hearing with
respect to issuance of the amendment to
the subject facility operating license and
any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
for a hearing and a petition for leave to
intervene. Requests for a hearing and a
petition for leave to intervene shall be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings and
Issuance of Orders’’ in 10 CFR part 2.
Interested persons should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s PDR,
located at One White Flint North, Public
File Area 01F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
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34507
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner/requestor is aware and on
which the petitioner/requestor intends
to rely to establish those facts or expert
opinion. The petitioner/requestor must
provide sufficient information to show
that a genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the petitioner/
requestor to relief. A petitioner/
requestor who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
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34508
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
Nontimely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission or the presiding officer of
the Atomic Safety and Licensing Board
that the petition, request and/or the
contentions should be granted based on
a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
A request for a hearing or a petition
for leave to intervene must be filed 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; (2) courier, express
mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and
Adjudications Staff; (3) E-mail
addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission,
HEARINGDOCKET@NRC.GOV; or (4)
facsimile transmission addressed to the
Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC, Attention: Rulemakings and
Adjudications Staff at (301) 415–1101,
verification number is (301) 415–1966.
A copy of the request for hearing and
petition for leave to intervene should
also be sent to the Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and it is requested that copies be
transmitted either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy
of the request for hearing and petition
for leave to intervene should also be
sent to Nicolas S. Reynolds, Esquire,
Winston and Strawn, 1400 L Street,
NW., Washington, DC 2005–3502,
attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated May 27, 2005, which
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20:14 Jun 13, 2005
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is available for public inspection at the
Commission’s PDR, located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the ADAMS Public Electronic
Reading Room on the Internet at the
NRC Web site https://www.nrc.gov/
reading-rm.html. Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 7th day
of June 2005.
For the Nuclear Regulatory Commission.
Mel B. Fields,
Senior Project Manager, Section 2, Project
Directorate IV, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–3065 Filed 6–13–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on the Medical
Uses of Isotopes: Meeting Notice
Nuclear Regulatory
Commission.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission will convene a
teleconference meeting of the Advisory
Committee on the Medical Uses of
Isotopes (ACMUI) on June 28, 2005. The
topic of discussion will be ‘‘Update to
Medical Event Criteria Definition.’’
During this discussion, an ACMUI
subcommittee will forward to the full
ACMUI its recommendation(s) regarding
revision of the medical event criteria
definition in 10 CFR part 35, ‘‘Medical
Use of Byproduct Material,’’ as this
definition applies to medical events
involving permanent implant
brachytherapy. NRC staff is seeking the
ACMUI’s recommendations on this
issue, as well as any recommendations
on communicating associated risks to
the public.
DATES: The teleconference meeting will
be held on Tuesday, June 28, 2005, from
1 p.m. to 3 p.m, eastern daylight time.
Public Participation: Any member of
the public who wishes to participate in
the teleconference discussion may
contact Angela R. McIntosh using the
contact information below.
FOR FURTHER INFORMATION CONTACT:
Angela R. McIntosh, telephone (301)
415–5030; e-mail arm@nrc.gov of the
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Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
Conduct of the Meeting
Leon S. Malmud, M.D., will chair the
meeting. Dr. Malmud will conduct the
meeting in a manner that will facilitate
the orderly conduct of business. The
following procedures apply to public
participation in the meeting:
1. Persons who wish to provide a
written statement should submit a
reproducible copy to Angela McIntosh,
U.S. Nuclear Regulatory Commission,
Two White Flint North, Mail Stop T8F5,
Washington, DC 20555–0001. Hard copy
submittals must be postmarked by June
20. Electronic submittals must be
submitted by June 24, 2005. Any
submittal must pertain to the topic on
the agenda for the meeting.
2. Questions from members of the
public will be permitted during the
meeting, at the discretion of the
Chairman.
3. The transcript and written
comments will be available for
inspection on NRC’s web site (https://
www.nrc.gov) and at the NRC Public
Document Room, 11555 Rockville Pike,
Rockville, MD 20852–2738, telephone
(800) 397–4209, on or about March 18,
2005. Minutes of the meeting will be
available on or about July 12, 2005.
This meeting will be held in
accordance with the Atomic Energy Act
of 1954, as amended (primarily Section
161a); the Federal Advisory Committee
Act (5 U.S.C. App); and the
Commission’s regulations in Title 10,
U.S. Code of Federal Regulations, part 7.
Dated: June 8, 2005.
Andrew L. Bates,
Advisory Committee Management Officer.
[FR Doc. E5–3062 Filed 6–13–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Act Meeting
Agency Holding the Meetings:
Nuclear Regulatory Commission.
DATE: Weeks of June 13, 20, 27, July 4,
11, 18, 2005.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
MATTERS TOO BE CONSIDERED:
AGENCY:
Week of June 13, 2005
There are no meetings scheduled for the
Week of June 13, 2005.
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]]>Agencies
[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34506-34508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3065]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-361 and 50-362]
Southern California Edison Company; Notice of Consideration of
Issuance of Amendment to Facility Operating License, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
NPF-10 and NPF-15, issued to Southern California Edison Company (SCE or
the licensee), for operation of the San Onofre Nuclear Generating
Station (SONGS), Units 2 and 3 located in San Diego County, California.
The proposed amendment would lower the allowable values for dropout
and pickup of the degraded voltage function. The amendment request was
submitted on May 27, 2005, on an exigent basis because the need for a
license amendment to change the degraded voltage function was not
recognized by the licensee or the NRC staff until recently, and the
licensee requests approval of the proposed amendment by July 1, 2005,
to allow implementation of the amendment before the expected high
summer load period.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act) and the Commission's regulations.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine that the amendment
request involves no significant hazards consideration.
Under the Commission's regulations in 10 CFR 50.92, this means that
operation of the facility in accordance with the proposed amendment
would not (1) involve a significant increase in the probability or
consequences of an accident previously evaluated; or (2) create the
possibility of a new or different kind of accident from any accident
previously evaluated; or (3) involve a significant reduction in a
margin of safety. As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
This proposed change revises the Technical Specification (TS)
Surveillance Requirement (SR) 3.3.7.a allowable values of the Degraded
Voltage Function. This proposed change will allow Southern California
Edison (SCE) to re-establish 218 kV as the minimum voltage on the
offsite transmission grid necessary to support operability of the
immediate access offsite power source (also referred to as the normal
preferred power source[)]. This will be accomplished by lowering the
dropout and pickup settings, including allowable values for dropout and
pickup of the degraded voltage protection relays. Following approval of
this proposed change, the 4.16 kV Class 1E buses would be capable of
remaining on the normal preferred power source at or above a grid
voltage of 218 kV while protecting all Class 1E equipment from degraded
grid conditions.
The degraded voltage protection circuits are designed to protect
electrical equipment against the effects of degraded voltage on the
offsite transmission networks. Therefore, these circuits are generally
not considered to be accident initiators. However, spurious actuation
of the degraded voltage protection relays could result in the loss of
the preferred power source (offsite source of alternating current (AC)
power). The proposed change lowers the allowable values for both
dropout and pickup for the degraded voltage protection relays. This
results in an increase in operating margin and a lower probability of
spurious actuation of these degraded voltage signals. Therefore, there
is no increase in the probability of a Loss of Offsite Power (preferred
power source) as a result of this proposed change.
The safety function of the degraded voltage protection circuits is
to ensure the operability of Class 1E equipment. SCE has performed
calculations that demonstrate that operation in accordance with this
proposed change will not result in operation of plant equipment at
degraded voltages.
[[Page 34507]]
Therefore, there is no increase in the consequences of any accident
previously evaluated.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of any accident previously
evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed allowable values of the degraded voltage relays will
provide an acceptable level of protection for plant equipment.
This proposed change affects only the voltage settings of the
degraded voltage protection relays. There is no other change to the
degraded voltage function. There are no physical modifications
necessary to the degraded voltage protection relays. There are no
changes to the actions performed by the relays following actuation.
Therefore, there are no new failure modes or effects introduced by this
proposed change.
Therefore, this proposed change does not create the possibility of
a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed degraded voltage protection schemes are designed to
ensure that plant equipment will not operate at a degraded voltage. The
proposed degraded voltage allowable values will not affect the existing
protection criterion for plant equipment. This maintains the existing
margin of safety for plant equipment.
Therefore, there is no significant reduction in the margin of
safety as a result of the proposed amendment.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 14 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of the 14-day notice period. However, should circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 14-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of issuance. The Commission expects that the need to
take this action will occur very infrequently.
Written comments may be submitted by mail to the Chief, Rules and
Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and should cite the publication date and page number of
this Federal Register notice. Written comments may also be delivered to
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville,
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may
be examined, and/or copied for a fee, at the NRC's Public Document Room
(PDR), located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any person
whose interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
for a hearing and a petition for leave to intervene. Requests for a
hearing and a petition for leave to intervene shall be filed in
accordance with the Commission's ``Rules of Practice for Domestic
Licensing Proceedings and Issuance of Orders'' in 10 CFR part 2.
Interested persons should consult a current copy of 10 CFR 2.309, which
is available at the Commission's PDR, located at One White Flint North,
Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records will be accessible from the
Agencywide Documents Access and Management System's (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, https://
www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing
or petition for leave to intervene is filed by the above date, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel, will rule on the request and/or petition; and the Secretary or
the Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner/requestor is aware and on
which the petitioner/requestor intends to rely to establish those facts
or expert opinion. The petitioner/requestor must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact. Contentions shall be limited to
matters within the scope of the amendment under consideration. The
contention must be one which, if proven, would entitle the petitioner/
requestor to relief. A petitioner/requestor who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
[[Page 34508]]
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
A request for a hearing or a petition for leave to intervene must
be filed 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; (2) courier, express mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff; (3) E-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV;
or (4) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. A copy of the request for hearing and
petition for leave to intervene should also be sent to the Office of
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and it is requested that copies be transmitted either by
means of facsimile transmission to 301-415-3725 or by e-mail to
OGCMailCenter@nrc.gov. A copy of the request for hearing and petition
for leave to intervene should also be sent to Nicolas S. Reynolds,
Esquire, Winston and Strawn, 1400 L Street, NW., Washington, DC 2005-
3502, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated May 27, 2005, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, Public File Area O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible
electronically from the ADAMS Public Electronic Reading Room on the
Internet at the NRC Web site https://www.nrc.gov/reading-rm.html.
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS, should contact the NRC PDR
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 7th day of June 2005.
For the Nuclear Regulatory Commission.
Mel B. Fields,
Senior Project Manager, Section 2, Project Directorate IV, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-3065 Filed 6-13-05; 8:45 am]
BILLING CODE 7590-01-P
