Wolf Creek Nuclear Operating Corporation; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 41848-41850 [E6-11673]
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41848
Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Notices
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 Jay Silberg, Esq.,
Pillsbury Winthrop Shaw Pittman LLP,
2300 N Street, NW., Washington, DC
20037, attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated June 30, 2006, 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 14th day
of July 2006.
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For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–11672 Filed 7–21–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–482]
Wolf Creek Nuclear Operating
Corporation; Notice of Consideration
of Issuance of Amendment to Facility
Operating License, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License No. NPF–
42, issued to Wolf Creek Nuclear
Operating Corporation (the licensee), for
operation of the Wolf Creek Generating
Station (WCGS), located in Coffey
County, Kansas.
The proposed amendment would (1)
delete the containment atmosphere
gaseous radioactivity monitor from
Technical Specification (TS) 3.4.15,
‘‘RCS [Reactor Coolant System] Leakage
Detection Instrumentation,’’ and (2)
revise existing conditions, required
actions, completion times, and
surveillance requirements in TS 3.4.15
to account for the monitor being
deleted. The licensee submitted this
amendment request in its application
dated June 26, 2006. This application
revised the licensee’s application dated
August 26, 2005, for which a notice of
consideration of issuance of an
amendment to facility operating license
and opportunity for a hearing was
published in the Federal Register on
October 25, 2005 (70 FR 61663).
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)
PO 00000
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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) The proposed change does not involve
a significant increase in the probability or
consequences of an accident previously
evaluated.
Response: No.
The proposed change has been evaluated
and determined to not increase the
probability or consequences of an accident
previously evaluated. The proposed change
does not make hardware changes and does
not alter the configuration of any plant
system, structure, or component (SSC). The
proposed change only removes the
containment atmosphere gaseous
radioactivity monitor as an option for
meeting the OPERABILITY requirements for
TS 3.4.15. The TS will continue to require
diverse means of leakage detection
equipment, thus ensuring that [RCS] leakage
due to cracks would continue to be identified
prior to propagating to the point of a pipe
break and the plant shutdown accordingly.
Therefore, the consequences of an accident
[previously evaluated] are not increased.
(2) The proposed change does not create
the possibility of a new or different kind of
accident from any accident previously
evaluated.
Response: No.
The proposed change does not involve the
use or installation of new equipment and the
currently installed equipment will not be
operated in a new or different manner. No
new or different system interactions are
created and no new processes are introduced.
The proposed changes will not introduce any
new failure mechanisms, malfunctions, or
accident initiators not already considered in
the design and licensing bases [for WCGS].
The proposed change does not affect any SSC
associated with an accident initiator. Based
on this evaluation, the proposed change does
not create the possibility of a new or different
kind of accident from any accident
previously evaluated.
(3) The proposed change does not involve
a significant reduction in a margin of safety.
Response: No.
The proposed change does not alter any
Reactor Coolant System (RCS) leakage
detection components. The proposed change
only removes the containment atmosphere
gaseous radioactivity monitor as an option
for meeting the OPERABILITY requirements
for TS 3.4.15. This change is required since
the level of radioactivity in the WCGS reactor
coolant has become much lower than what
was assumed in the USAR [(Updated Safety
Analysis Report) when the plant was
licensed] and the gaseous channel [(monitor)]
can no longer promptly detect a small RCS
leak under normal [operating] conditions.
The proposed amendment continues to
require diverse means of [RCS] leakage
detection equipment with [the] capability to
promptly detect RCS leakage. Although not
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Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
required by TS, additional diverse means of
leakage detection capability are available as
described in the Updated Safety Analysis
Report Section 5.2.5. Early detection of [RCS]
leakage, as the potential indicator of a
crack(s) in the RCS pressure boundary, will
thus continue to be in place so that such a
condition is known and appropriate actions
taken well before any such crack would
propagate to a more severe condition. Based
on this evaluation, 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
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
VerDate Aug<31>2005
17:54 Jul 21, 2006
Jkt 208001
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
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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:
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41850
Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
(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 Jay Silberg, Esq., Pillsbury
Winthrop Shaw Pittman LLP, 2300 N
Street, NW., Washington, DC 20037,
attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated June 26, 2006, 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 14th day
of July 2006.
For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E6–11673 Filed 7–21–06; 8:45 am]
BILLING CODE 7590–01–P
VerDate Aug<31>2005
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Week of August 14, 2006—Tentative
NUCLEAR REGULATORY
COMMISSION
There are no meetings scheduled for
the Week of August 14, 2006.
Sunshine Act Meeting Notice
AGENCY HOLDING THE MEETINGS:
Nuclear
Regulatory Commission.
DATES: Weeks of July 24, 31, August 7,
14, 21, 28, 2006.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
Matters To Be Considered
Week of July 24, 2006
Wednesday, July 26, 2006
1:50 p.m. Affirmation Session (Public
Meeting) (Tentative)
a. Pa’ina Hawaii, LLC, unpublished
April 27, 2006 Memorandum and
Order (accepting the intervenor’s
and NRC Staff’s Joint Stipulation
regarding two admitted
environmental contentions)
(Tentative).
b. David Geisen, LBP–06–13 (May 19,
2006) (Tentative).
c. Exelon Generation Company, LLC
(Early Site Permit for Clinton ESP),
System Energy Resources, Inc.
(Early Site Permit for Grand Gulf
ESP) (Tentative).
d. Florida Power & Light Co., et al.,
Docket Nos. 50–250–LT, et al.,
International Brotherhood of
Electrical Workers’ ‘‘Petition to File
Motion to Intervene and Protest
Out-of-Time’’ and ‘‘Motion for
Hearing and Right to Intervene and
Protest’’ (Tentative).
Thursday, July 27, 2006
9:30 a.m. Briefing on Office of
International Programs (OIP)
Programs, Performance, and Plans
(Public Meeting) (Contact: Karen
Henderson, 301–415–0202).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
1:30 p.m. Briefing on Equal
Employment Opportunity (EEO)
Programs. (Public Meeting)
(Contact: Barbara Williams, 301–
415–7388).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of July 31, 2006—Tentative
There are no meetings scheduled for
the Week of July 31, 2006.
Week of August 21, 2006—Tentative
There are no meetings scheduled for
the Week of August 21, 2006.
Week of August 28, 2006—Tentative
There are no meetings scheduled for
the Week of August 28, 2006.
*
*
*
*
*
The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings
call (recording)—(301) 415–1292.
Contact person for more information:
Michelle Schroll, (301) 415–1662.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/what-we-do/
policy-making/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meting notice or the transcript
or other information from the public
meetings in another format (e.g. braille,
large print), please notify the NRC’s
Disability Program Coordinator,
Deborah Chan, at 301–415–7041, TDD:
301–415–2100, or by e-mail at
DLC@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
*
*
*
*
*
This notice is distributed by mail to
several hundred subscribers; if you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969).
In addition, distribution of this meeting
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to dkw@nrc.gov.
Dated: July 19, 2006.
R. Michelle Schroll,
Office of the Secretary.
[FR Doc. 06–6443 Filed 7–20–06; 12:54 pm]
BILLING CODE 7590–01–M
Week of August 7, 2006—Tentative
There are no meetings scheduled for
the Week of August 7, 2006.
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]]>Agencies
[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Notices]
[Pages 41848-41850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11673]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-482]
Wolf Creek Nuclear Operating Corporation; Notice of Consideration
of Issuance of Amendment to Facility Operating License, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-42, issued to Wolf Creek Nuclear Operating Corporation (the
licensee), for operation of the Wolf Creek Generating Station (WCGS),
located in Coffey County, Kansas.
The proposed amendment would (1) delete the containment atmosphere
gaseous radioactivity monitor from Technical Specification (TS) 3.4.15,
``RCS [Reactor Coolant System] Leakage Detection Instrumentation,'' and
(2) revise existing conditions, required actions, completion times, and
surveillance requirements in TS 3.4.15 to account for the monitor being
deleted. The licensee submitted this amendment request in its
application dated June 26, 2006. This application revised the
licensee's application dated August 26, 2005, for which a notice of
consideration of issuance of an amendment to facility operating license
and opportunity for a hearing was published in the Federal Register on
October 25, 2005 (70 FR 61663).
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) The proposed change does not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
Response: No.
The proposed change has been evaluated and determined to not
increase the probability or consequences of an accident previously
evaluated. The proposed change does not make hardware changes and
does not alter the configuration of any plant system, structure, or
component (SSC). The proposed change only removes the containment
atmosphere gaseous radioactivity monitor as an option for meeting
the OPERABILITY requirements for TS 3.4.15. The TS will continue to
require diverse means of leakage detection equipment, thus ensuring
that [RCS] leakage due to cracks would continue to be identified
prior to propagating to the point of a pipe break and the plant
shutdown accordingly. Therefore, the consequences of an accident
[previously evaluated] are not increased.
(2) The proposed change does not create the possibility of a new
or different kind of accident from any accident previously
evaluated.
Response: No.
The proposed change does not involve the use or installation of
new equipment and the currently installed equipment will not be
operated in a new or different manner. No new or different system
interactions are created and no new processes are introduced. The
proposed changes will not introduce any new failure mechanisms,
malfunctions, or accident initiators not already considered in the
design and licensing bases [for WCGS]. The proposed change does not
affect any SSC associated with an accident initiator. Based on this
evaluation, the proposed change does not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
(3) The proposed change does not involve a significant reduction
in a margin of safety.
Response: No.
The proposed change does not alter any Reactor Coolant System
(RCS) leakage detection components. The proposed change only removes
the containment atmosphere gaseous radioactivity monitor as an
option for meeting the OPERABILITY requirements for TS 3.4.15. This
change is required since the level of radioactivity in the WCGS
reactor coolant has become much lower than what was assumed in the
USAR [(Updated Safety Analysis Report) when the plant was licensed]
and the gaseous channel [(monitor)] can no longer promptly detect a
small RCS leak under normal [operating] conditions. The proposed
amendment continues to require diverse means of [RCS] leakage
detection equipment with [the] capability to promptly detect RCS
leakage. Although not
[[Page 41849]]
required by TS, additional diverse means of leakage detection
capability are available as described in the Updated Safety Analysis
Report Section 5.2.5. Early detection of [RCS] leakage, as the
potential indicator of a crack(s) in the RCS pressure boundary, will
thus continue to be in place so that such a condition is known and
appropriate actions taken well before any such crack would propagate
to a more severe condition. Based on this evaluation, 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 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 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:
[[Page 41850]]
(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 Jay Silberg, Esq., Pillsbury Winthrop Shaw
Pittman LLP, 2300 N Street, NW., Washington, DC 20037, attorney for the
licensee.
For further details with respect to this action, see the
application for amendment dated June 26, 2006, 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 14th day of July 2006.
For the Nuclear Regulatory Commission.
Jack Donohew,
Senior Project Manager, Plant Licensing Branch IV, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E6-11673 Filed 7-21-06; 8:45 am]
BILLING CODE 7590-01-P
