Duke Energy Corporation, et al.; Catawba Nuclear Station, Units 1 and 2; Notice of Consideration of Issuance of Amendment to Renewed Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 44946-44948 [E5-4143]
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44946
Federal Register / Vol. 70, No. 149 / Thursday, August 4, 2005 / Notices
security is not impacted by this
exemption request.
3.3.4 Special Circumstances
Pursuant to 10 CFR 50.12, ‘‘Specific
Exemption,’’ the NRC staff reviewed the
licensee’s exemption request to
determine if the legal basis for granting
an exemption had been satisfied. With
regards to the six special circumstances
listed in 10 CFR 50.12(a)(2), the NRC
staff finds that the licensee’s exemption
request satisfies 50.12(a)(2)(ii),
‘‘Application of the regulation in the
particular circumstances would not
serve the underlying purpose of the rule
or is not necessary to achieve the
underlying purpose of the rule.’’
Specifically, the NRC staff concludes
that since the licensee has satisfied the
five criteria in Section 3.1 of this
exemption, the application of the rule is
not necessary to achieve its underlying
purpose in this particular case.
3.4 Summary
Based upon the review of the
licensee’s exemption request to credit
soluble boron during DSC loading,
unloading, and handling in the
HBRSEP2 SFP, the NRC staff concludes
that pursuant to 10 CFR 50.12(a)(2) the
licensee’s exemption request is
acceptable. However, the NRC staff
places the following limitations/
conditions on the approval of this
exemption:
1. This exemption is limited to the
loading, unloading, and handling of the
DSC for only the TN NUHOMS–24PTH
at HBRSEP2.
2. This exemption is limited to the
loading, unloading, and handling in the
DSC at HBRSEP2 of Westinghouse 15 x
15 fuel assemblies that had maximum
initial, unirradiated U–235 enrichments
corresponding to the TS limitations in
LCO 1.2.1 for Amendment 8 to the
NUHOMS –24PTH cask design.
4.0 Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants CP&L an
exemption from the requirements of 10
CFR 50.68(b)(1) for the loading,
unloading, and handling of the
components of the Transnuclear
NUHOMS–24PTH dry cask storage
system at HBRSEP2. However, since the
licensee does not have an NRCapproved methodology for evaluating
changes to the analyses or systems
VerDate jul<14>2003
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supporting this exemption request, the
NRC staff’s approval of the exemption is
restricted to those specific design and
operating conditions described in the
licensee’s February 22, 2005, exemption
request. The licensee may not apply the
10 CFR 50.59 process for evaluating
changes to specific exemptions. Any
changes to the design or operation of (1)
the dry cask storage system, (2) the
spent fuel pool, (3) the fuel assemblies
to be stored, (4) the boron dilution
analyses, or (5) supporting procedures
and controls, regardless of whether they
are approved under the general Part 72
license or perceived to be conservative,
will invalidate this exemption. Upon
invalidation of the exemption, the
licensee will be required to comply with
NRC regulations prior to future cask
loadings.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (70 FR 43462). This
exemption is effective upon issuance.
Dated at Rockville, Maryland, this 27th day
of July 2005.
For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Director, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–4147 Filed 8–3–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–413 and 50–414]
Duke Energy Corporation, et al.;
Catawba Nuclear Station, Units 1 and
2; Notice of Consideration of Issuance
of Amendment to Renewed Facility
Operating Licenses, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering issuance of amendments
to Renewed Facility Operating License
Nos. NPF–35 and NPF–52 issued to
Duke Energy Corporation (the licensee)
for operation of the Catawba Nuclear
Station, Units 1 and 2, located in York
County, South Carolina.
The proposed amendment would
revise the Technical Specification 3.7.9,
‘‘Standby Nuclear Service Water Pond
(SNSWP),’’ temperature limit from 91.5
°F to 95 °F.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
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Fmt 4703
Sfmt 4703
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
of the Code Of Federal Regulations (10
CFR), Section 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 operation of the facility in
accordance with the proposed amendment
involve a significant increase in the
probability or consequences of an accident
previously evaluated?
No.
This license amendment request proposes
a change to the SNSWP [Standby Nuclear
Service Water Pond] TS [Technical
Specification] requirement for maximum
temperature. The SNSWP is the safety related
ultimate heat sink utilized by the NSWS
[Nuclear Service Water System]. Neither the
NSWS nor the SNSWP is capable of initiating
an accident. Therefore, the probability of
initiation of any accident cannot be affected.
The technical evaluation provided in support
of this amendment request demonstrated that
with a maximum allowable SNSWP
temperature of 95 °F as specified in SR
3.7.9.2, the environmental qualification limit
for applicable safety related equipment is not
reached and the peak containment pressure
remains below the TS limit. This amendment
request does not involve any change to
previously analyzed dose analysis results.
The accident of interest from a dose
perspective is the Main Steam Line Break
Accident. The dose release path during this
accident is via steaming of the Reactor
Coolant System through the steam generator
power operated relief valves. The results of
this accident have been reviewed with the
revised SNSWP temperature limit and it has
been determined that the Reactor Coolant
System cooldown is terminated early enough
such that the dose analysis results are not
adversely impacted. Therefore, there is no
increase in any accident consequences.
2. Does operation of the facility in
accordance with the proposed amendment
create the possibility of a new or different
kind of accident from any accident
previously evaluated?
No.
This proposed amendment does not
involve addition, removal, or modification of
any plant system, structure, or component.
This change will not affect the operation of
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04AUN1
Federal Register / Vol. 70, No. 149 / Thursday, August 4, 2005 / Notices
any plant system, structure, or components
as directed in plant procedures. Operation of
the facility in accordance with this
amendment does not create the possibility of
a new or different kind of accident from any
accident previously evaluated.
3. Does operation of the facility in
accordance with the proposed amendment
involve a significant reduction in the margin
of safety?
No.
Margin of safety is related to confidence in
the ability of the fission product barriers to
perform their design functions following any
of their design basis accidents. These barriers
include the fuel cladding, the Reactor
Coolant System, and the containment. The
proposed changes have no impact on fuel
cladding performance. In addition, Reactor
Coolant System performance (as determined
by its impact on dose analysis results)
continues to be acceptable as indicated
above. Finally, containment performance (as
determined by calculated containment peak
pressure) remains acceptable. Therefore, the
performance of these fission product barriers
either during normal plant operations or
following an accident will not be affected by
the changes associated with this license
amendment request. In addition, the
operation of the NSWS and the SNSWP
either during normal plant operations or
following an accident will not be adversely
impacted by implementation 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 30 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 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example in
derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
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Jkt 205001
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
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, Public File Area O1
F21, 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’’ 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 O1F21, 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.
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44947
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
requestors/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 is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include 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 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.
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
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Federal Register / Vol. 70, No. 149 / Thursday, August 4, 2005 / Notices
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 Ms. Anne Cottingham, Esquire,
Winston and Strawn LLP, 1700 K Street,
NW, Washington, DC 20006, attorney
for the licensee.
For further details with respect to this
action, see the application for
amendment dated July 25, 2005, which
is available for public inspection at the
Commission’s PDR, located at One
White Flint North, File Public Area O1
F21, 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
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at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.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 29th day
of July 2005.
For the Nuclear Regulatory Commission.
Sean E. Peters,
Project Manager, Section 1, Project
Directorate II, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–4143 Filed 8–3–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–05–007]
Certain Licensees Authorized To
Possess and Transfer Items
Containing Radioactive Material
Quantities of Concern; Order Imposing
Additional Security Measures
(Effective Immediately)
The Licensees identified in
Attachment A to this Order hold
licenses issued by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) or an Agreement State, in
accordance with the Atomic Energy Act
of 1954, as amended, and 10 CFR parts
50, 70 and 71, or equivalent Agreement
State regulations. The licenses authorize
them to possess and transfer items
containing radioactive material
quantities of concern. This Order is
being issued to all such Licensees who
may transport radioactive material
quantities of concern under the NRC’s
authority to protect the common defense
and security, which has not been
relinquished to the Agreement States.
The Orders require compliance with
specific additional security measures to
enhance the security for transport of
certain radioactive material quantities of
concern.
On September 11, 2001, terrorists
simultaneously attacked targets in New
York, NY, and Washington, DC,
utilizing large commercial aircraft as
weapons. In response to the attacks and
intelligence information subsequently
obtained, the Commission issued a
number of Safeguards and Threat
Advisories to Licensees in order to
strengthen Licensees’ capabilities and
readiness to respond to a potential
attack on this regulated activity. The
Commission has also communicated
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
with other Federal, State and local
government agencies and industry
representatives to discuss and evaluate
the current threat environment in order
to assess the adequacy of the current
security measures. In addition, the
Commission commenced a
comprehensive review of its safeguards
and security programs and
requirements.
As a result of its initial consideration
of current safeguards and security
requirements, as well as a review of
information provided by the intelligence
community, the Commission has
determined that certain security
measures are required to be
implemented by Licensees as prudent,
interim measures to address the current
threat environment in a consistent
manner. Therefore, the Commission is
imposing requirements, as set forth in
Attachment B 1 of this Order, on all
Licensees identified in Attachment A of
this Order. These additional security
measures, which supplement existing
regulatory requirements, will provide
the Commission with reasonable
assurance that the common defense and
security continue to be adequately
protected in the current threat
environment. These additional security
measures will remain in effect until the
Commission determines otherwise.
The Commission recognizes that
Licensees may have already initiated
many of the measures set forth in
Attachment B to this Order in response
to previously issued Safeguards and
Threat Advisories or on their own. It is
also recognized that some measures may
not be possible or necessary for all
shipments of radioactive material
quantities of concern, or may need to be
tailored to accommodate the Licensees’
specific circumstances to achieve the
intended objectives and avoid any
unforeseen effect on the safe transport of
radioactive material quantities of
concern.
Although the security measures
implemented by Licensees in response
to the Safeguards and Threat Advisories
have been adequate to provide
reasonable assurance of adequate
protection of common defense and
security, in light of the continuing threat
environment, the Commission
concludes that the security measures
must be embodied in an Order,
consistent with the established
regulatory framework. The Commission
has determined that the security
measures contained in Attachment B of
this Order contains Safeguards
Information and will not be released to
1 Attachment B contains Safeguards Information
and will not be released to the public.
E:\FR\FM\04AUN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Notices]
[Pages 44946-44948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4143]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-413 and 50-414]
Duke Energy Corporation, et al.; Catawba Nuclear Station, Units 1
and 2; Notice of Consideration of Issuance of Amendment to Renewed
Facility Operating Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of amendments to Renewed Facility Operating
License Nos. NPF-35 and NPF-52 issued to Duke Energy Corporation (the
licensee) for operation of the Catawba Nuclear Station, Units 1 and 2,
located in York County, South Carolina.
The proposed amendment would revise the Technical Specification
3.7.9, ``Standby Nuclear Service Water Pond (SNSWP),'' temperature
limit from 91.5 [deg]F to 95 [deg]F.
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.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code Of Federal Regulations
(10 CFR), Section 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 operation of the facility in accordance with the
proposed amendment involve a significant increase in the probability
or consequences of an accident previously evaluated?
No.
This license amendment request proposes a change to the SNSWP
[Standby Nuclear Service Water Pond] TS [Technical Specification]
requirement for maximum temperature. The SNSWP is the safety related
ultimate heat sink utilized by the NSWS [Nuclear Service Water
System]. Neither the NSWS nor the SNSWP is capable of initiating an
accident. Therefore, the probability of initiation of any accident
cannot be affected. The technical evaluation provided in support of
this amendment request demonstrated that with a maximum allowable
SNSWP temperature of 95 [deg]F as specified in SR 3.7.9.2, the
environmental qualification limit for applicable safety related
equipment is not reached and the peak containment pressure remains
below the TS limit. This amendment request does not involve any
change to previously analyzed dose analysis results. The accident of
interest from a dose perspective is the Main Steam Line Break
Accident. The dose release path during this accident is via steaming
of the Reactor Coolant System through the steam generator power
operated relief valves. The results of this accident have been
reviewed with the revised SNSWP temperature limit and it has been
determined that the Reactor Coolant System cooldown is terminated
early enough such that the dose analysis results are not adversely
impacted. Therefore, there is no increase in any accident
consequences.
2. Does operation of the facility in accordance with the
proposed amendment create the possibility of a new or different kind
of accident from any accident previously evaluated?
No.
This proposed amendment does not involve addition, removal, or
modification of any plant system, structure, or component. This
change will not affect the operation of
[[Page 44947]]
any plant system, structure, or components as directed in plant
procedures. Operation of the facility in accordance with this
amendment does not create the possibility of a new or different kind
of accident from any accident previously evaluated.
3. Does operation of the facility in accordance with the
proposed amendment involve a significant reduction in the margin of
safety?
No.
Margin of safety is related to confidence in the ability of the
fission product barriers to perform their design functions following
any of their design basis accidents. These barriers include the fuel
cladding, the Reactor Coolant System, and the containment. The
proposed changes have no impact on fuel cladding performance. In
addition, Reactor Coolant System performance (as determined by its
impact on dose analysis results) continues to be acceptable as
indicated above. Finally, containment performance (as determined by
calculated containment peak pressure) remains acceptable. Therefore,
the performance of these fission product barriers either during
normal plant operations or following an accident will not be
affected by the changes associated with this license amendment
request. In addition, the operation of the NSWS and the SNSWP either
during normal plant operations or following an accident will not be
adversely impacted by implementation 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 30 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 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
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, Public File Area O1 F21, 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'' 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
O1F21, 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 requestors/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 is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include 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 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.
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
[[Page 44948]]
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 Ms. Anne Cottingham,
Esquire, Winston and Strawn LLP, 1700 K Street, NW, Washington, DC
20006, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated July 25, 2005, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, File Public Area O1 F21, 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/adams.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 29th day of July 2005.
For the Nuclear Regulatory Commission.
Sean E. Peters,
Project Manager, Section 1, Project Directorate II, Division of
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4143 Filed 8-3-05; 8:45 am]
BILLING CODE 7590-01-P
