STP Nuclear Operating Company, South Texas Project, Unit 1; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 78468-78470 [E6-22390]

Download as PDF 78468 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices Register pursuant to Section 6(b) of the Act on October 2, 2006 (71 FR 58006). DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Antitrust Division ANTITRUST DIVISION Notice Pursuant to the National Cooperative Research and Production Act of 1993—Interchangeable Virtual Instruments Foundation, Inc. Notice Pursuant to the National Cooperative Research and Production Act of 1993—Network Centric Operations Industry Consortium, Inc. Notice is hereby given that, on December 8, 2006, a pursuant to Section 6(a) of the national Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Interchangeable Virtual instruments foundation, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, California Instruments, San Diego, CA; and Data Translation, Inc., Marlboro, MA have been added as parties to this venture. Also, Racial Instruments has changed its name to EADS–NA Defense Test and Services, Inc., Irving, CA. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and Interchangeable Virtual Instruments Foundation, Inc. intends to file additional written notifications disclosing all changes in membership. On May 29, 2001, Interchangeable Virtual Instruments Foundation, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on July 30, 2001 (66 FR 39336). The last notification was filed with the Department on March 30, 2006. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on April 17, 2006 (71 FR 19751). Notice is hereby given that, on December 5, 2006, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Network Centric Operations Industry Consortium, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, ASELSAN Elektronik Sanayi ve Ticaret, A.S., Ankara, TURKEY; Finmeccanica, Roma, ITALY; SGI, Mountain View, CA; MilSOFT Yazilim Teknolojileri A.S., Ankara, TURKEY; U.S. Department of Defense, Defense Information Systems Agency, Falls Church, VA; and Telephonics Corporation, Farmingdale, NY have been added as parties to this venture. Also, Oracle Corporation, Redwood Shores, CA; Anteon Corporation, Fairfax, VA; Systems Integration & Development, Inc., Rockville, MD; and OrderOne Networks, Orangeville, Ontario, CANADA have withdrawn as parties to this venture. In addition, Marconi Communications Federal, Inc. has changed its name to Ericsson Federal, Inc., Columbia, MD. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and Network Centric Operations Industry Consortium, Inc. intends to file additional written notifications disclosing all changes in membership. On November 19, 2004, Network Centric Operations Industry Consortium, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on February 2, 2005 (70 FR 5486). The last notification was filed with the Department on September 6, 2006. A notice was published in the Federal Patricia A. Brink, Deputy Director of Operations, Antitrust Division. [FR Doc. 06–9930 Filed 12–28–06; 8:45 am] pwalker on PROD1PC69 with NOTICES BILLING CODE 4410–11–M VerDate Aug<31>2005 18:15 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Patricia A. Brink, Deputy Director of Operations, Antitrust Division. [FR Doc. 06–9929 Filed 12–28–06; 8:45 am] BILLING CODE 4410–11–M NATIONAL SCIENCE FOUNDATION National Science Board Commission on 21st Century Education in Science, Technology, Engineering, and Mathematics; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Board announces the following meeting: Date and Time: Wednesday, January 10, 2007, 11 a.m.–12:30 p.m. EST (teleconference meeting) Place: National Science Foundation, Room 545, Stafford II Building, 4121 Wilson Blvd., Arlington, VA 22230 will be available to the public to listen to this teleconference meeting. Visitors must first sign in at the National Science Foundation reception desk at 4201 Wilson Blvd., Arlington, VA 22230. Type of Meeting: Open. Contact Person: Dr. Elizabeth Strickland, Commission Executive Secretary, National Science Board Office, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. Telephone: 703–292–4527. Email: estrickl@nsf.gov. Purpose of Meeting: To discuss preliminary draft recommendations of the Commission. Agenda: Discussion of preliminary draft recommendations of the Commission. Reason for Late Notice: Time and date of meeting were not established until December 22, 2006. Russell Moy, Attorney-Advisor. [FR Doc. E6–22333 Filed 12–28–06; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–498] STP Nuclear Operating Company, South Texas Project, Unit 1; 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 E:\FR\FM\29DEN1.SGM 29DEN1 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices pwalker on PROD1PC69 with NOTICES considering issuance of an amendment to Facility Operating License No. NPF– 76, issued to STP Nuclear Operating Company (STPNOC/the licensee), for operation of the South Texas Project, Unit 1, located in Matagorda County, Texas. The proposed amendment, for a onetime exigent change, would revise Technical Specification (TS) 3.3.2 requirements for loss of power (LOP) instrumentation (Functional Unit 8). TS 3.3.2, Table 3.3–3 ACTION 20 applies to the LOP instrumentation. Since the LOP instrumentation channels do not have an installed bypass capability, STPNOC proposes to add a note to ACTION 20 to establish a one-time provision for corrective maintenance on the Unit 1 Train A channel. Exigent Approval of the proposed TS change is justified because the failure that caused the inoperable channel could not reasonably have been anticipated. In addition, STPNOC has requested a one-time change because it has included the LOP instrumentation in its broad-scope risk-managed TS application, which will be the permanent TS resolution. STPNOC has promptly prepared and submitted this proposed amendment to the Unit 1 TS. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission’s regulations. Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under exigent circumstances, the NRC staff must determine that the amendment request involves no significant hazards consideration. Under the Commission’s regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: (1) Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed change to add a note to ACTION 20 for a one-time change to allow corrective maintenance on the Unit 1 Train A loss of power instrumentation does not change the plant design basis, system VerDate Aug<31>2005 18:15 Dec 28, 2006 Jkt 211001 configuration or operation, and does not add or affect any accident initiator. Therefore, STPNOC concludes that there is no significant increase in the probability or 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 change the plant design basis, system configuration or operation, and does not add or affect any accident initiator. Therefore, STPNOC concludes the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. (3) Does the proposed change involve a significant reduction in a margin of safety? Response: No. No actual plant equipment or accident analyses will be affected by the proposed change. Additionally, the proposed changes will not relax any criteria used to establish safety limits, will not relax any safety systems settings, and will not relax the bases for any limiting conditions of operation. Therefore, STPNOC concludes the proposed changes do not involve a significant reduction in the 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 14 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of the 14-day notice period. However, should circumstances change during the notice period, such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 14-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State comments received. Should the Commission take this action, it will publish in the Federal Register a notice of issuance. The Commission expe cts that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 78469 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, 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 and Issuance of Orders’’ in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission’s PDR, located at One White Flint North, Public File Area 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, http://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 E:\FR\FM\29DEN1.SGM 29DEN1 pwalker on PROD1PC69 with NOTICES 78470 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices following general requirements: (1) The name, address and telephone number of the requestor or petitioner; (2) the nature of the requestor’s/petitioner’s right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor’s/petitioner’s property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor’s/petitioner’s interest. The petition must also identify the specific contentions which the petitioner/ requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner/requestor is aware and on which the petitioner/requestor intends to rely to establish those facts or expert opinion. The petitioner/requestor must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/ requestor to relief. A petitioner/ requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. 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 VerDate Aug<31>2005 18:15 Dec 28, 2006 Jkt 211001 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 A. H. Gutterman, Esq., Morgan, Lewis & Bockius, 1111 Pennsylvania Avenue, NW., Washington, DC 20004, attorney for the licensee. For further details with respect to this action, see the application for amendment dated December 20, 2006, which is available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC web site http://www.nrc.gov/ reading-rm.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 telephone at 1–800–397–4209, or 301– 415–4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 22nd day of December 2006. For the Nuclear Regulatory Commission. Mohan C. Thadani, Senior Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6–22390 Filed 12–28–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Meeting Notice In accordance with the purposes of Sections 29 and 182b. of the Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on Reactor Safeguards (ACRS) will hold a meeting on February 1–3, 2007, 11545 Rockville Pike, Rockville, Maryland. The date of this meeting was previously published in the Federal Register on Wednesday, November 15, 2006 (71 FR 66561). Thursday, February 1, 2007, Conference Room T–2B3, Two White Flint North, Rockville, Maryland 8:30 A.M.–8:35 A.M.: Opening Remarks by the ACRS Chairman (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. 8:35 A.M.–11:15 A.M.: Final Review of the Power Uprate Application for the Browns Ferry Nuclear Plant, Unit 1 (Open/Closed)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and Tennessee Valley Authority (TVA) regarding the 5% power uprate application for Browns Ferry Nuclear Plant, Unit 1 and the associated NRC staff’s final Safety Evaluation. [Note: A portion of this session will be closed to protect information that is proprietary to General Electric, TVA, and their contractors pursuant to 5 U.S.C. 552b(c)(4).] 12:45 P.M.–3:30 P.M.: Final Review of the License Renewal Application for the Oyster Creek Generating Station (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and AmerGen Energy Company, LLC. regarding the license renewal application for the Oyster Creek Generating Station and the associated NRC staff’s final Safety Evaluation Report. E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Notices]
[Pages 78468-78470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22390]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-498]


STP Nuclear Operating Company, South Texas Project, Unit 1; 
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

[[Page 78469]]

considering issuance of an amendment to Facility Operating License No. 
NPF-76, issued to STP Nuclear Operating Company (STPNOC/the licensee), 
for operation of the South Texas Project, Unit 1, located in Matagorda 
County, Texas.
    The proposed amendment, for a one-time exigent change, would revise 
Technical Specification (TS) 3.3.2 requirements for loss of power (LOP) 
instrumentation (Functional Unit 8). TS 3.3.2, Table 3.3-3 ACTION 20 
applies to the LOP instrumentation. Since the LOP instrumentation 
channels do not have an installed bypass capability, STPNOC proposes to 
add a note to ACTION 20 to establish a one-time provision for 
corrective maintenance on the Unit 1 Train A channel.
    Exigent Approval of the proposed TS change is justified because the 
failure that caused the inoperable channel could not reasonably have 
been anticipated. In addition, STPNOC has requested a one-time change 
because it has included the LOP instrumentation in its broad-scope 
risk-managed TS application, which will be the permanent TS resolution. 
STPNOC has promptly prepared and submitted this proposed amendment to 
the Unit 1 TS.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that operation of 
the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    (1) Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change to add a note to ACTION 20 for a one-time 
change to allow corrective maintenance on the Unit 1 Train A loss of 
power instrumentation does not change the plant design basis, system 
configuration or operation, and does not add or affect any accident 
initiator.
    Therefore, STPNOC concludes that there is no significant 
increase in the probability or 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 change the plant design basis, 
system configuration or operation, and does not add or affect any 
accident initiator.
    Therefore, STPNOC concludes the proposed change does not create 
the possibility of a new or different kind of accident from any 
accident previously evaluated.
    (3) Does the proposed change involve a significant reduction in 
a margin of safety? 
    Response: No.
    No actual plant equipment or accident analyses will be affected 
by the proposed change. Additionally, the proposed changes will not 
relax any criteria used to establish safety limits, will not relax 
any safety systems settings, and will not relax the bases for any 
limiting conditions of operation. Therefore, STPNOC concludes the 
proposed changes do not involve a significant reduction in the 
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 14 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 14-day notice period. However, should circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 14-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of issuance. The Commission expe cts that the need to 
take this action will occur very infrequently.
    Written comments may be submitted by mail to the Chief, Rulemaking, 
Directives and Editing 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, 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 and Issuance of Orders'' in 10 CFR Part 2. 
Interested persons should consult a current copy of 10 CFR 2.309, which 
is available at the Commission's PDR, located at One White Flint North, 
Public File Area 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, http://
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

[[Page 78470]]

following general requirements: (1) The name, address and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also identify the specific contentions which the petitioner/requestor 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner/requestor shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner/requestor must also provide references to those specific 
sources and documents of which the petitioner/requestor is aware and on 
which the petitioner/requestor intends to rely to establish those facts 
or expert opinion. The petitioner/requestor must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact. Contentions shall be limited to 
matters within the scope of the amendment under consideration. The 
contention must be one which, if proven, would entitle the petitioner/
requestor to relief. A petitioner/requestor who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    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 A. H. Gutterman, Esq., 
Morgan, Lewis & Bockius, 1111 Pennsylvania Avenue, NW., Washington, DC 
20004, attorney for the licensee.
    For further details with respect to this action, see the 
application for amendment dated December 20, 2006, which is available 
for public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the Agencywide Documents 
Access and Management System's (ADAMS) Public Electronic Reading Room 
on the Internet at the NRC web site http://www.nrc.gov/reading-rm.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS should contact the NRC PDR 
Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by 
e-mail to pdr@nrc.gov.

    Dated at Rockville, Maryland, this 22nd day of December 2006.
    For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch IV, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-22390 Filed 12-28-06; 8:45 am]
BILLING CODE 7590-01-P