Nebraska Public Power District; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 2560-2562 [E7-699]
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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices
whether amounts billed for drugs are
appropriate, OWCP must receive 19 data
elements, including the name of the
patient/beneficiary, the National Drug
Code (NDC) number of the drugs
prescribed, the quantity provided, the
prescription number and the date the
prescription was filled. The regulations
implementing these statutes require the
collection of information needed to
enable OWCP to determine if bills for
drugs submitted directly by pharmacies,
or as reimbursement requests submitted
by claimants, should be paid. (20 CFR
10.801, 30.701, 725.701 and 725.705).
There is no standardized paper form
for submission of the billing information
collected in this ICR. Over the past
several years, the majority of pharmacy
bills submitted to OWCP have been
submitted electronically using one of
the industry-wide standard formats for
the electronic transmission of billing
data through nationwide data
clearinghouses devised by the National
Council for Prescription Drug Programs
(NCPDP). However, since some
pharmacy bills are still submitted using
a paper-based bill format, OWCP will
continue to accept any of the many
paper-based bill formats still used by
some providers so long as they contain
the data elements needed for processing
the bill. None of the paper-based or
electronic billing formats have been
designed by or provided by OWCP; they
are billing formats commonly accepted
by other Federal programs and in the
private health insurance industry for
drugs. Nonetheless, the three programs
(FECA, BLBA and EEOICPA) provide
instructions for the submission of
necessary pharmacy bill data elements
in provider manuals distributed or made
available to all pharmacies enrolled in
the programs.
The required data elements are used
by OWCP and contractor bill processing
staff to process paper and electronic
bills for drugs dispensed by pharmacies.
To enable OWCP and its contractor staff
to consider the appropriateness of the
requested payment in a timely fashion,
it is essential that bill submissions
include the data elements needed to
evaluate the bill, such as the NDC
number and the pharmacy’s provider
identification number. To do this,
OWCP evaluates the same data elements
that are commonly evaluated by other
Federal agencies and private health
insurance carriers. If all the billing data
elements required by OWCP are not
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collected, the contractor staff cannot
process the bill.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E7–678 Filed 1–18–07; 8:45 am]
BILLING CODE 4510–CF–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Arts;
Submission for OMB Review:
Comment Request
January 18, 2007.
The National Endowment for the Arts
(NEA) has submitted the following
public information collection request
(ICR) to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act of 1995 [Pub. L. 104–13,
44 U.S.C. Chapter 35]. Copies of this
ICR, with applicable supporting
documentation, may be obtained by
contacting Tom Bradshaw via telephone
at 202–682–5527 (this is not a toll-free
number) or e-mail at
bradshwt@arts.endow.gov. Individuals
who use a telecommunications device
for the deaf (TTY/TDD) may call 202–
682–5496 between 10 a.m. and 4 p.m.
Eastern time, Monday through Friday.
Comments should be sent to the
Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for the
National Endowment for the Arts, Office
of Management and Budget, Room
10235, Washington, DC 20503 202–395–
7316, within 30 days from the date of
this publication in the Federal Register.
The Office of Management and Budget
(OMB) is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques, or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
PO 00000
Frm 00071
Fmt 4703
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Agency: National Endowment for the
Arts.
Title: 2008 Survey of Public
Participation in the Arts.
OMB Number: New.
Frequency: One Time.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
20,000.
Estimated Time Per Respondent: 10
minutes.
Total Burden Hours: 3,333.
Total Annualized Capital/Startup
Costs: 0.
Total Annual Costs (Operating/
Maintaining Systems or Purchasing
Services): 0.
Description: The National Endowment
for the Arts proposes to conduct a
national Survey of Public Participation
in the Arts (SPPA) as a supplement to
the Census Bureau’s Current Population
Survey in May 2008. The survey will
provide information on the extent to
which the adult population participates
in the arts. Responses will be analyzed
to determine arts participation patterns
and differences by population subgroup
and geography and changes from prior
SPPA’s conducted in 1982, 1985, 1992,
1997, and 2002. The survey results and
subsequent analyses will be used by arts
administrators, researchers, and
policymakers at the national, State, and
local levels.
ADDRESSES: Tom Bradshaw, National
Endowment for the Arts, 1100
Pennsylvania Avenue, NW., Room 616,
Washington, DC 20506–0001, telephone
202–682–5527 (this is not a toll-free
number), fax 202/682–5677.
Murray Welsh,
Director, Administrative Services, National
Endowment for the Arts.
[FR Doc. E7–724 Filed 1–18–07; 8:45 am]
BILLING CODE 7537–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–298]
Nebraska Public Power District; 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. DPR–
46, issued to Nebraska Public Power
District (the licensee), for operation of
the Cooper Nuclear Station located in
Nemaha County, Nebraska.
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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices
The proposed amendment would
revise the Cooper Nuclear Station
Technical Specification (TS) 4.3.1.1.c by
adding a new nominal center-to-center
distance between fuel assemblies for the
new storage racks, and would revise TS
4.3.3 by increasing the capacity of the
spent fuel storage pool from 2,366
assemblies to 2,651 assemblies.
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 had provided its analysis of the
no significant hazards consideration
determination, which was presented in
the Biweekly Federal Register Notice.
The Biweekly Federal Register Notice—
Notice of Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for Hearing, was
published in Federal Register on
December 5, 2006 (71 FR 70561).
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.
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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, 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 (PDR), located at One
White Flint North, Public File Area
O1F21, 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
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2561
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 basis
for the contention and a concise
statement of the alleged facts or expert
opinion which support the requestor’s/
petitioner’s position on the issue and on
which the petitioner intends to rely at
the hearing, together with references to
those specific sources and documents of
which the petitioner intends to rely at
hearing. 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 and
must raise issues material to the
findings the NRC must make to support
the action that is involved in the
proceeding. 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 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
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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices
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 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 Mr. John C. McClure, Nebraska
Public Power District, Post Office Box
499, Columbus, NE 63602–0499,
attorney for the licensee.
The Commission hereby provides
notice that this is a proceeding on an
application for a license amendment
falling within the scope of section 134
of the Nuclear Waste Policy Act of 1982
(NWPA), 42 U.S.C. 10154. Under
section 134 of the NWPA, in certain
contested proceedings the Commission,
at the request of any party to the
proceeding, must provide an
opportunity for oral argument with
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respect to ‘‘any matter which the
Commission determines to be in
controversy among the parties.’’ Section
134 provides for oral argument on
matters in controversy, preceded by
discovery under the Commission’s rules
and the designation, following argument
of only those factual issues that involve
a genuine and substantial dispute,
together with any remaining questions
of law, to be resolved in an adjudicatory
hearing. Actual adjudicatory hearings
are to be held on only those issues
found to meet the criteria of section 134
and set for hearing after oral argument.
The Commission’s rules
implementing section 134 of the NWPA
are found in 10 CFR Part 2, Subpart K,
‘‘Hybrid Hearing Procedures for
Expansion of Spent Fuel Storage
Capacity at Civilian Nuclear Power
Reactors.’’ Under those rules, any party
to the proceeding may invoke the hybrid
hearing procedures by filing with the
presiding officer a written request for
oral argument under 10 CFR 2.1109. To
be timely, the request must be filed
together with a request for hearing/
petition to intervene, filed in
accordance with 10 CFR 2.309. If it is
determined a hearing will be held, the
presiding officer must grant a timely
request for oral argument. The presiding
officer may grant an untimely request
for oral argument only upon a showing
of good cause by the requesting party for
the failure to file on time and after
providing the other parties an
opportunity to respond to the untimely
request. If the presiding officer grants a
request for oral argument, any hearing
held on the application must be
conducted in accordance with the
hybrid hearing procedures. In essence,
those procedures limit the time
available for discovery and require that
an oral argument be held to determine
whether any contentions must be
resolved in an adjudicatory hearing. If
no party to the proceeding timely
requests oral argument, and if all
untimely requests for oral argument are
denied, then the usual procedures in 10
CFR Part 2, Subpart L apply.
For further details with respect to this
action, see the application for
amendment dated October 17, 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.
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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 January, 2007.
For the Nuclear Regulatory Commission.
Carl F. Lyon,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–699 Filed 1–18–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Exemption From the Requirement for a
Specific License To Import Radioactive
Waste
Pursuant to 10 CFR 110.70(C) ‘‘Public
notice of receipt of an application,’’
please take notice that the Nuclear
Regulatory Commission (NRC) has
received the following request for either
a specific import license or an
exemption from the requirement for a
specific import license. Copies of the
request are available electronically
through ADAMS and can be accessed
through the Public Electronic Reading
Room (PERR) link https://www.nrc.gov/
NRC/ADAMS/ at the NRC
Homepage.
The NRC intends to issue an
exemption from the requirement for a
specific license and authorize use of the
NRC general license after determining
that the import described below:
• Is authorized by law;
• Is not inimical to the common
defense and security of the United
States; and
• Will not constitute an unreasonable
risk to the public health and safety.
A request for a hearing or petition for
leave to intervene may be filed within
30 days after publication of this notice
in the Federal Register. Any request for
hearing or petition for leave to intervene
shall be served by the requestor or
petitioner upon the applicant, the Office
of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; and the Executive Secretary,
U.S. Department of State, Washington,
DC 20520.
Information concerning the
exemption from the requirement for a
specific import license is as follows.
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]]>Agencies
[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Pages 2560-2562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-699]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-298]
Nebraska Public Power District; 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.
DPR-46, issued to Nebraska Public Power District (the licensee), for
operation of the Cooper Nuclear Station located in Nemaha County,
Nebraska.
[[Page 2561]]
The proposed amendment would revise the Cooper Nuclear Station
Technical Specification (TS) 4.3.1.1.c by adding a new nominal center-
to-center distance between fuel assemblies for the new storage racks,
and would revise TS 4.3.3 by increasing the capacity of the spent fuel
storage pool from 2,366 assemblies to 2,651 assemblies.
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 had provided its
analysis of the no significant hazards consideration determination,
which was presented in the Biweekly Federal Register Notice. The
Biweekly Federal Register Notice--Notice of Consideration of Issuance
of Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, and Opportunity for Hearing, was
published in Federal Register on December 5, 2006 (71 FR 70561).
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, 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 (PDR), located at One White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any person
whose interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
for a hearing and a petition for leave to intervene. Requests for a
hearing and a petition for leave to intervene shall be filed in
accordance with the Commission's ``Rules of Practice for Domestic
Licensing Proceedings'' in 10 CFR Part 2. Interested persons should
consult a current copy of 10 CFR 2.309, which is available at the
Commission's PDR, located at One White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the basis for
the contention and a concise statement of the alleged facts or expert
opinion which support the requestor's/petitioner's position on the
issue and on which the petitioner intends to rely at the hearing,
together with references to those specific sources and documents of
which the petitioner intends to rely at hearing. 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 and must raise issues material to the findings the NRC
must make to support the action that is involved in the proceeding. 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 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
[[Page 2562]]
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 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 Mr. John C. McClure,
Nebraska Public Power District, Post Office Box 499, Columbus, NE
63602-0499, attorney for the licensee.
The Commission hereby provides notice that this is a proceeding on
an application for a license amendment falling within the scope of
section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C.
10154. Under section 134 of the NWPA, in certain contested proceedings
the Commission, at the request of any party to the proceeding, must
provide an opportunity for oral argument with respect to ``any matter
which the Commission determines to be in controversy among the
parties.'' Section 134 provides for oral argument on matters in
controversy, preceded by discovery under the Commission's rules and the
designation, following argument of only those factual issues that
involve a genuine and substantial dispute, together with any remaining
questions of law, to be resolved in an adjudicatory hearing. Actual
adjudicatory hearings are to be held on only those issues found to meet
the criteria of section 134 and set for hearing after oral argument.
The Commission's rules implementing section 134 of the NWPA are
found in 10 CFR Part 2, Subpart K, ``Hybrid Hearing Procedures for
Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power
Reactors.'' Under those rules, any party to the proceeding may invoke
the hybrid hearing procedures by filing with the presiding officer a
written request for oral argument under 10 CFR 2.1109. To be timely,
the request must be filed together with a request for hearing/petition
to intervene, filed in accordance with 10 CFR 2.309. If it is
determined a hearing will be held, the presiding officer must grant a
timely request for oral argument. The presiding officer may grant an
untimely request for oral argument only upon a showing of good cause by
the requesting party for the failure to file on time and after
providing the other parties an opportunity to respond to the untimely
request. If the presiding officer grants a request for oral argument,
any hearing held on the application must be conducted in accordance
with the hybrid hearing procedures. In essence, those procedures limit
the time available for discovery and require that an oral argument be
held to determine whether any contentions must be resolved in an
adjudicatory hearing. If no party to the proceeding timely requests
oral argument, and if all untimely requests for oral argument are
denied, then the usual procedures in 10 CFR Part 2, Subpart L apply.
For further details with respect to this action, see the
application for amendment dated October 17, 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 12th day of January, 2007.
For the Nuclear Regulatory Commission.
Carl F. Lyon,
Project Manager, Plant Licensing Branch IV, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-699 Filed 1-18-07; 8:45 am]
BILLING CODE 7590-01-P
