PSEG Nuclear LLC; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 40739-40741 [E6-11319]
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Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Notices
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to the Field of Opera.’’ The remainder
of this meeting, from 9 a.m.–1 p.m. and
from 2:30 p.m.–5 p.m., will be closed.
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August 1–4, 2006 in Room 716. This
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August 1st–3rd and from 9 a.m. to 3
p.m. on August 4th, will be closed.
Theater (application review): August
1–4, 2006 in Room 730. This meeting,
from 9 a.m. to 5 p.m. on August 1st–3rd
and from 9 a.m. to 3 p.m. on August 4th,
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Dated: July 12, 2006.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations,
National Endowment for the Arts.
[FR Doc. E6–11301 Filed 7–17–06; 8:45 am]
BILLING CODE 7537–01–P
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NATIONAL SCIENCE FOUNDATION
Notice of the Availability of Finding of
No Significant Impact for a Marine
Geophysical Survey in the Arctic
Ocean
AGENCY:
National Science Foundation.
Notice of availability of a
Finding of No Significant Impact for
proposed activities in the Arctic Ocean.
40739
4201 Wilson Blvd., Suite 755, Arlington,
VA 22230. Telephone: (703) 292–8033.
Polly A. Penhale,
Environmental Officer, Office of Polar
Programs, National Science Foundation.
[FR Doc. 06–6274 Filed 7–17–05; 8:45 am]
BILLING CODE 7555–01–M
ACTION:
SUMMARY: The National Science
Foundation gives notice of the
availability of a Finding of No
Significant Impact for proposed
activities in the Arctic Ocean.
The Office of Polar Programs (OPP)
has prepared an Environmental
Assessment of a marine geophysical
study by the Coast Guard cutter Healy
in the western Canada Basin, Chukchi
Borderland and Mendeleev Ridge, July–
August–September 2006. Given the
United States Arctic Program’s mission
to support polar research, the proposed
action is expected to result in
substantial benefits to science.
Copies of the Finding of No
Significant Impact and the
Environmental Assessment are available
upon request from: Dr. Polly A. Penhale,
National Science Foundation, Office of
Polar Programs, 4201 Wilson Blvd.,
Suite 755, Arlington, VA 22230.
Telephone: (703) 292–8033.
ADDRESSES:
The
National Science Foundation prepared a
draft Environmental Impact Assessment
(EA) for a marine geophysical survey in
the western Canada Basin, Chukchi
Borderland and Mendeleev Ridge and
solicited public comments (Federal
Register: March 8, 2006, Vol. 71, No. 45,
Page 11681). The National Science
Foundation has prepared a Finding of
No Significant Impact (FONSI) based on
this EA, in accordance with CEQ
regulations § 1500–1508 and 45 CFR
part 640. It was determined that the
proposed activity would not result in a
significant impact on the quality of the
human environment within the meaning
of the National Environmental Policy
Act (NEPA) of 1969. Therefore, a FONSI
was issued, and no environmental
impact statement is required.
Copies of the FONSI and the
Environmental Assessment entitled,
Environmental Assessment of a Marine
Geophysical Survey by the USCG Healy
of the Western Canada Basin, Chukchi
Borderland and Mendeleev Ridge,
Arctic Ocean, July–August 2006, are
available upon request from: Dr. Polly
A. Penhale, National Science
Foundation, Office of Polar Programs,
SUPPLEMENTARY INFORMATION:
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NATIONAL TRANSPORTATION
SAFETY BOARD
Notice of Meeting; Sunshine Act
9:30 a.m., July 25, 2006.
NTSB Conference Center, 429
L’Enfant Plaza SW., Washington, DC
20594.
STATUS: The one item is open to the
public.
MATTER TO BE CONSIDERED: 7755A,
Marine Accident Report—Capsizing and
Sinking of the New York StateCertificated Vessel Ethan Allen at Lake
George, New York, on October 2, 2005.
NEWS MEDIA CONTACT: Terry Williams,
Telephone: (202) 314–6100.
TIME AND DATE:
PLACE:
Individuals requesting specific
accommodations should contact Chris
Bisett at (202) 314–6305 by Friday, July
21, 2006.
The public may view the meeting via
a live or archived webcast by accessing
a link under ‘‘News & Events’’ on the
NTSB home page at https://
www.ntsb.gov.
FOR FURTHER INFORMATION CONTACT:
Vicky D’Onofrio, (202) 314–6410.
Dated: July 14, 2006.
Vicky D’Onofrio,
Federal Register Liaison Officer.
[FR Doc. 06–6349 Filed 7–14–06; 2:25 am]
BILLING CODE 7533–01–M
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–272 and 50–311]
PSEG Nuclear LLC; Notice of
Consideration of Issuance of
Amendments to 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 Facility Operating License Nos. DPR–
70 and DPR–75 issued to PSEG Nuclear
LLC (the licensee) for operation of the
Salem Nuclear Generating Station
(Salem), Unit Nos. 1 and 2, located in
Salem County, New Jersey.
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40740
Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Notices
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The proposed amendments would
revise the Salem Technical
Specifications (TSs) to eliminate certain
Surveillance Requirements (SRs) for
containment isolation valves. The
proposed changes are to delete SR
4.6.3.1.1 and SR 4.6.3.1 for Salem Unit
Nos. 1 and 2, respectively. These SRs
require a complete valve stroke and
stroke time measurement when a valve
is returned to service after maintenance,
repair, or replacement work. The
proposed changes are intended to
minimize unnecessary testing and plant
transients. Other Salem TS containment
isolation valve SRs will ensure that the
valves remain operable.
Before issuance of the proposed
license amendments, 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 amendment would revise the
Technical Specification (TS) Surveillance
Requirements (SRs) for containment isolation
valves, consistent with NUREG–1431,
‘‘Standard Technical Specifications,
Westinghouse Plants.’’ SRs are not initiators
to any accident previously evaluated.
Consequently, the probability of an accident
previously evaluated is not significantly
increased. The equipment specified in the
Limiting Conditions for Operation is still
required to be operable and capable of
performing the accident mitigation functions
assumed in the accident analysis. By
performing the analysis, valve operability is
maintained. This equipment will continue to
be tested in a manner and at a frequency to
give confidence that the equipment can
perform its intended safety function. As a
result, the proposed SR changes do not
significantly affect the consequences of any
accident previously evaluated.
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Therefore, the proposed changes do not
involve a significant increase in the
probability or radiological consequences of
an 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 change does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated in the Updated Final Safety
Analysis Report. No 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 (only certain post-maintenance
testing is eliminated leaving operation
functions unchanged).
Therefore, the proposed changes do 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 changes will not alter any
assumptions, initial conditions, or results of
any accident analyses. The proposed changes
do not affect the operational limits or the
physical design of the containment isolation
valves. The containment isolation valves will
remain capable of performing their design
function. Unnecessary testing and associated
plant transients will be minimized by the
proposed changes. Therefore, the proposed
change does 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
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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
O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for a 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 (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
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Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Notices
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 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
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16:25 Jul 17, 2006
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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 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 September 26, 2005,
which is available for public inspection
at the Commission’s PDR, located at
One White Flint North, File Public Area
PO 00000
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40741
O1F21, 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 12th day
of July 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. E6–11319 Filed 7–17–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–244]
R.E. Ginna Nuclear Power Plant, LLC;
R.E. Ginna Nuclear Power Plant; Notice
of Issuance of Amendment to Facility
Operating License
The U.S. Nuclear Regulatory
Commission (Commission) has issued
Amendment No. 97 to Renewed Facility
Operating License No. DPR–18, issued
to R.E. Ginna Nuclear Power Plant, LLC
(the licensee), which revised the License
and Technical Specifications for
operation of the R.E. Ginna Nuclear
Power Plant located in Wayne County,
New York. The amendment is effective
as of the date of issuance.
The amendment modified the License
and Technical Specifications to
authorize an increase in the licensed
rated thermal power by 16.8 percent
from 1520 megawatts thermal (MWt) to
1775 MWt. This level of power increase
is considered an extended power uprate.
The application for the amendment
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR Chapter I, which are set forth in
the license amendment.
Notice of Consideration of Issuance of
Amendment to Facility Operating
License and Opportunity for a Hearing
in connection with this action was
published in the Federal Register on
September 22, 2005 (70 FR 55633). No
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Agencies
[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40739-40741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11319]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-272 and 50-311]
PSEG Nuclear LLC; Notice of Consideration of Issuance of
Amendments to 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 Facility Operating License Nos.
DPR-70 and DPR-75 issued to PSEG Nuclear LLC (the licensee) for
operation of the Salem Nuclear Generating Station (Salem), Unit Nos. 1
and 2, located in Salem County, New Jersey.
[[Page 40740]]
The proposed amendments would revise the Salem Technical
Specifications (TSs) to eliminate certain Surveillance Requirements
(SRs) for containment isolation valves. The proposed changes are to
delete SR 4.6.3.1.1 and SR 4.6.3.1 for Salem Unit Nos. 1 and 2,
respectively. These SRs require a complete valve stroke and stroke time
measurement when a valve is returned to service after maintenance,
repair, or replacement work. The proposed changes are intended to
minimize unnecessary testing and plant transients. Other Salem TS
containment isolation valve SRs will ensure that the valves remain
operable.
Before issuance of the proposed license amendments, 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 amendment would revise the Technical Specification
(TS) Surveillance Requirements (SRs) for containment isolation
valves, consistent with NUREG-1431, ``Standard Technical
Specifications, Westinghouse Plants.'' SRs are not initiators to any
accident previously evaluated. Consequently, the probability of an
accident previously evaluated is not significantly increased. The
equipment specified in the Limiting Conditions for Operation is
still required to be operable and capable of performing the accident
mitigation functions assumed in the accident analysis. By performing
the analysis, valve operability is maintained. This equipment will
continue to be tested in a manner and at a frequency to give
confidence that the equipment can perform its intended safety
function. As a result, the proposed SR changes do not significantly
affect the consequences of any accident previously evaluated.
Therefore, the proposed changes do not involve a significant
increase in the probability or radiological consequences of an
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 change does not create the possibility of a new or
different kind of accident from any accident previously evaluated in
the Updated Final Safety Analysis Report. No 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 (only certain post-maintenance
testing is eliminated leaving operation functions unchanged).
Therefore, the proposed changes do 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 changes will not alter any assumptions, initial
conditions, or results of any accident analyses. The proposed
changes do not affect the operational limits or the physical design
of the containment isolation valves. The containment isolation
valves will remain capable of performing their design function.
Unnecessary testing and associated plant transients will be
minimized by the proposed changes. Therefore, the proposed change
does 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 O1F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for a 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 (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
[[Page 40741]]
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 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 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 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 September 26, 2005, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, File Public Area O1F21, 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 12th day of July 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. E6-11319 Filed 7-17-06; 8:45 am]
BILLING CODE 7590-01-P