PSEG Nuclear LLC; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 11233-11235 [E6-3130]
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Federal Register / Vol. 71, No. 43 / Monday, March 6, 2006 / Notices
NUCLEAR REGULATORY
COMMISSION
Request for a License to Import
Radioactive Waste
Pursuant to 10 CFR 110.70(C) ‘‘Public
notice of receipt of an application,’’
please take notice that the Nuclear
Regulatory Commission has received the
following request for an import license.
Copies of the request are available
electronically through ADAMS and can
be accessed through the Public
Electronic Reading Room (PERR) link
https://www.nrc.gov/NRC/ADAMS/
index.html at the NRC Home page.
A request for a hearing or petition for
leave to intervene may be filed within
30 days after publication of this notice
in the Federal Register. Any request for
hearing or petition for leave to intervene
11233
shall be served by the requestor or
petitioner upon the applicant, the Office
of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; and the Executive Secretary,
U.S. Department of State, Washington,
DC 20520.
The information concerning this
request follows.
NRC IMPORT LICENSE APPLICATION
Name of applicant, date of application,
date received, application number, docket
number
Description of material
Class A radioactive waste consisting of
corrosion activation and mixed fission
products (predominantly Co-60, Co-58
and Mn-54) as contaminants on used
protective clothing and other items.
Eastern Technologies, Inc., Ashford, AL,
February 3, 2006.
End use
Laundering and decontamination of protective clothing and related products
used at the Laguna Verde Nuclear
Power Plant located in Mexico.
Country of
origin
Mexico.
February 3, 2006
IW016
11005602
For the Nuclear Regulatory Commission.
Dated this 24th day of February 2006 at
Rockville, Maryland.
Stephen Dembek,
Acting Director, Office of International
Programs.
[FR Doc. 06–2094 Filed 3–3–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–354]
hsrobinson on PROD1PC70 with NOTICES
PSEG Nuclear LLC; 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 (NRC or the Commission)
is considering issuance of an
amendment to Facility Operating
License No. NPF–57 issued to PSEG
Nuclear LLC (the licensee) for operation
of the Hope Creek Generating Station
located in Salem County, New Jersey.
The proposed amendment would
relocate the primary containment
penetration conductor overcurrent
protective devices and the Class 1E
isolation breaker overcurrent protective
devices from the Technical
Specifications to the Updated Final
Safety Analysis Report.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
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14:30 Mar 03, 2006
Jkt 208001
(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; (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.
The proposed changes do not increase
the probability of any previously
evaluated accident. No safety function
has been altered. The proposed changes
relocate the Primary Containment
Penetration Conductor Overcurrent
Protective Devices Limiting Condition
for Operation (LCO) and Class IE
Isolation Breaker Overcurrent Protective
Devices LCO requirements from the TS
[technical specifications] to the Hope
Creek Generating Station Updated Final
Safety Analysis Report (UFSAR).
Relocation of the Primary Containment
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Fmt 4703
Sfmt 4703
Penetration Conductor Overcurrent
Protective Devices LCO and Class IE
Isolation Breaker Overcurrent Protective
Devices LCO requirements is consistent
with the NRC Final Policy Statement on
TS Improvements and 10 CFR 50.36. In
part, the Final Policy Statement
provides screening criteria to evaluate
TS requirements for the purpose of
relocation to other licensee-controlled
documents. LCOs which do not meet
any of the Final Policy Statement
criteria and any 10 CFR 50.36(c)(2)(ii)
criteria may be proposed for relocation.
The Primary Containment Penetration
Conductor Overcurrent Protective
Devices LCO and Class 1E Isolation
Breaker Overcurrent Protective Devices
LCO requirements do not satisfy any of
the Final Policy Statement screening
criteria. The proposed changes do not
affect any operational characteristic,
function, or reliability of any structure,
system, or component (SSC). Thus the
consequences of accidents previously
analyzed are unchanged between the
existing TS requirements and the
proposed changes.
Based upon the above, the proposed
change will not involve a significant
increase in the probability or
consequences of an accident previously
analyzed.
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 changes do not create
the possibility of a new or different kind
of accident from any accident
previously evaluated in the UFSAR. No
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hsrobinson on PROD1PC70 with NOTICES
11234
Federal Register / Vol. 71, No. 43 / Monday, March 6, 2006 / Notices
new accident scenarios, failure
mechanisms, or limiting single failures
are introduced as a result of the
proposed changes. Specifically, no new
hardware is being added to the plant as
part of the proposed change, no existing
equipment is being modified, and no
significant changes in operations are
being introduced.
Therefore, the proposed changes do
not create the possibility of a new or
different kind of accident from any
previously evaluated.
3. Does the proposed change involve
a significant reduction in a margin of
safety?
Response: No.
The proposed changes will not alter
any assumptions, initial conditions, or
results of any accident analyses. The
proposed changes relocate the Primary
Containment Penetration Conductor
Overcurrent Protective Devices LCO and
Class 1E Isolation Breaker Overcurrent
Protective Devices LCO requirements
from the TS to the UFSAR consistent
with the NRC Final Policy Statement on
TS Improvements and 10 CFR 50.36.
Therefore, the proposed changes do
not involve a significant reduction in a
margin of safety.
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
Commission make a final No Significant
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14:30 Mar 03, 2006
Jkt 208001
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
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
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 supports 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
issue the amendment and make it
immediately effective, notwithstanding
E:\FR\FM\06MRN1.SGM
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hsrobinson on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 43 / Monday, March 6, 2006 / Notices
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 the Jeffrie J. Keenan, Esquire,
Nuclear Business Unit—N21, P.O. Box
236, Hancocks Bridge, NJ 08038,
attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated October 11, 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 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
VerDate Aug<31>2005
14:30 Mar 03, 2006
Jkt 208001
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 27th day
of February, 2006.
For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Senior Project Manager, Plant Licensing
Branch I–2, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–3130 Filed 3–3–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
The Advisory Committee on Nuclear
Waste (ACNW) will hold a Planning and
Procedures meeting on March 24, 2006,
Room O–1G16, 11555 Rockville Pike,
Rockville, Maryland. The entire meeting
will be open to public attendance, with
the exception of a portion that may be
closed pursuant to 5 U.S.C. 552b(c)(2)
and (6) to discuss organizational and
personnel matters that relate solely to
internal personnel rules and practices of
ACNW, and information the release of
which would constitute a clearly
unwarranted invasion of personal
privacy.
The agenda for the subject meeting
shall be as follows:
Friday, March 24, 2006–1:30 p.m.–
3:30 p.m.
The Committee will discuss proposed
ACNW activities and related matters.
The purpose of this meeting is to gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official, Mr. Michael P. Lee
(Telephone: 301/415–6887) between
8:15 a.m. and 5 p.m. (ET) five days prior
to the meeting, if possible, so that
appropriate arrangements can be made.
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Official between
8:15 a.m. and 5 p.m. (e.t.). Persons
planning to attend this meeting are
urged to contact the above named
individual at least two working days
Frm 00061
Fmt 4703
Sfmt 4703
prior to the meeting to be advised of any
potential changes in the agenda.
Dated: February 28, 2006.
Michael R. Snodderly,
Acting Branch Chief, ACRS/ACNW.
[FR Doc. E6–3127 Filed 3–3–06; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Determination of Eligibility for
Retroactive Duty Treatment Under the
Dominican Republic—Central
America—United States Free Trade
Agreement
Office of the United States
Trade Representative.
ACTION: Notice.
AGENCY:
Advisory Committee on Nuclear
Waste; Meeting on Planning and
Procedures; Notice of Meeting
PO 00000
11235
SUMMARY: Pursuant to Section 205(b) of
the Dominican Republic—Central
America—United States Free Trade
Agreement Implementation Act (the
Act), the United States Trade
Representative (USTR) is providing
notice of his determination that El
Salvador is an eligible country for
purposes of retroactive duty treatment
as provided in Section 205 of the Act.
DATES: Effective March 6, 2006.
ADDRESSES: Inquiries may be mailed,
delivered, or faxed to Abiola Heyliger,
Director of Textile Trade Policy, Office
of the United States Trade
Representative, 600 17th Street, NW.,
Washington, DC 20508, fax number,
(202) 395–5639.
FOR FURTHER INFORMATION CONTACT:
Abiola Heyliger, Office of the United
States Trade Representative, 202–395–
3026.
Section
205(a) of the Act (Pub. Law 109–53; 119
Stat. 462, 483; 19 U.S.C. 4034) provides
that certain entries of textile or apparel
goods of designated eligible countries
that are parties to the Dominican
Republic—Central America—United
States Free Trade Agreement (CAFTA–
DR) made on or after January 1, 2004
may be liquidated or reliquidated at the
applicable rate of duty for those goods
established in the Schedule of the
United States to Annex 3.3 of the
CAFTA–DR. Section 205(b) of the Act
requires the USTR to determine, in
accordance with Article 3.20 of the
CAFTA–DR, which CAFTA–DR
countries are eligible countries for
purposes of Section 205(a). Article 3.20
provides that importers may claim
retroactive duty treatment for imports of
certain textile or apparel goods entered
on or after January 1, 2004 and before
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Notices]
[Pages 11233-11235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3130]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-354]
PSEG Nuclear LLC; 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 (NRC or the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-57 issued to PSEG Nuclear LLC (the licensee) for operation of the
Hope Creek Generating Station located in Salem County, New Jersey.
The proposed amendment would relocate the primary containment
penetration conductor overcurrent protective devices and the Class 1E
isolation breaker overcurrent protective devices from the Technical
Specifications to the Updated Final Safety Analysis Report.
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; (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.
The proposed changes do not increase the probability of any
previously evaluated accident. No safety function has been altered. The
proposed changes relocate the Primary Containment Penetration Conductor
Overcurrent Protective Devices Limiting Condition for Operation (LCO)
and Class IE Isolation Breaker Overcurrent Protective Devices LCO
requirements from the TS [technical specifications] to the Hope Creek
Generating Station Updated Final Safety Analysis Report (UFSAR).
Relocation of the Primary Containment Penetration Conductor Overcurrent
Protective Devices LCO and Class IE Isolation Breaker Overcurrent
Protective Devices LCO requirements is consistent with the NRC Final
Policy Statement on TS Improvements and 10 CFR 50.36. In part, the
Final Policy Statement provides screening criteria to evaluate TS
requirements for the purpose of relocation to other licensee-controlled
documents. LCOs which do not meet any of the Final Policy Statement
criteria and any 10 CFR 50.36(c)(2)(ii) criteria may be proposed for
relocation. The Primary Containment Penetration Conductor Overcurrent
Protective Devices LCO and Class 1E Isolation Breaker Overcurrent
Protective Devices LCO requirements do not satisfy any of the Final
Policy Statement screening criteria. The proposed changes do not affect
any operational characteristic, function, or reliability of any
structure, system, or component (SSC). Thus the consequences of
accidents previously analyzed are unchanged between the existing TS
requirements and the proposed changes.
Based upon the above, the proposed change will not involve a
significant increase in the probability or consequences of an accident
previously analyzed.
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 changes do not create the possibility of a new or
different kind of accident from any accident previously evaluated in
the UFSAR. No
[[Page 11234]]
new accident scenarios, failure mechanisms, or limiting single failures
are introduced as a result of the proposed changes. Specifically, no
new hardware is being added to the plant as part of the proposed
change, no existing equipment is being modified, and no significant
changes in operations are being introduced.
Therefore, the proposed changes do not create the possibility of a
new or different kind of accident from any previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed changes will not alter any assumptions, initial
conditions, or results of any accident analyses. The proposed changes
relocate the Primary Containment Penetration Conductor Overcurrent
Protective Devices LCO and Class 1E Isolation Breaker Overcurrent
Protective Devices LCO requirements from the TS to the UFSAR consistent
with the NRC Final Policy Statement on TS Improvements and 10 CFR
50.36.
Therefore, the proposed changes do not involve a significant
reduction in a margin of safety.
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 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 supports 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 issue the
amendment and make it immediately effective, notwithstanding
[[Page 11235]]
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 the Jeffrie J. Keenan,
Esquire, Nuclear Business Unit--N21, P.O. Box 236, Hancocks Bridge, NJ
08038, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated October 11, 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 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 27th day of February, 2006.
For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Senior Project Manager, Plant Licensing Branch I-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-3130 Filed 3-3-06; 8:45 am]
BILLING CODE 7590-01-P
