Carolina Power and Light; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 4300-4302 [E7-1417]
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
and 203 of the Trade Act of 2002 and
20 CFR 671.140.
Ira L. Mills,
Departmental Clearance Officer/Team
Leader.
[FR Doc. E7–1388 Filed 1–29–07; 8:45 am]
BILLING CODE 4510–30–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
ycherry on PROD1PC64 with NOTICES
National Endowment for the Arts;
Submission for OMB Review:
Comment Request
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 [P.L. 104–13, 44
U.S.C. Chapter 35]. Copies of this ICR,
with applicable supporting
documentation, may be obtained by
contacting Sunil Iyengar via telephone
at 202–682–5424 (this is not a toll-free
number) or e-mail at
research@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.
VerDate Aug<31>2005
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Agency: National Endowment for the
Arts.
Title: Big Read Program Evaluation.
OMB Number: New.
Frequency: One Time.
Affected Public: Individuals.
Estimated Number of Respondents:
14,120.
Estimated Time Per Respondent: 8
minutes.
Total Burden Hours: 1,883.
Total Annualized Capital/Startup
Costs: 0.
Total Annual Costs (Operating/
Maintaining Systems or Purchasing
Services): 0.
Description: The National Endowment
for the Arts plans to conduct an
evaluation to assess the Big Read
program at the national level. The Big
Read is an initiative of the National
Endowment for the Arts (NEA), in
partnership with the Institute of
Museum and Library Services (IMLS)
and in cooperation with Arts Midwest,
designed to revitalize the role of
literature in American popular culture
by providing citizens with the
opportunity to read and discuss a single
book of fiction within their
communities. The evaluation is aimed
at assessing the design of the 2007–08
Big Read program and to assess the
program’s impact on literary reading
habits in participating communities.
The activities include collecting
uniform data from all sites, coordinating
local and national data collection—and
still keep data collection burdens to a
minimum.
As a national study, the Big Read
Evaluation will serve as a sound base
from which to make estimates of the
impact of the initiatives on partnering
organizations, communities, and
individuals. The Big Read evaluation
data will also provide information on
the characteristics of those who
participate in the initiative and the
degree to which the initiative is
reaching previously under-represented
groups.
Sunil Iyengar, National
Endowment for the Arts, 1100
Pennsylvania Avenue, NW., Room 616,
Washington, DC 20506–0001, telephone
(202) 682–5424 (this is not a toll-free
number), fax 202/682–5677.
ADDRESSES:
Murray Welsh,
Director, Administrative Services, National
Endowment for the Arts.
[FR Doc. E7–1391 Filed 1–29–07; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–261]
Carolina Power and Light; 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 Renewed Facility Operating License
No. DPR–23 issued to Carolina Power
and Light (the licensee) for operation of
the H. B. Robinson Steam Electric Plant
(HBRSEP), Unit No. 2 located in
Darlington County, South Carolina.
The proposed amendment would
modify Technical Specification (TS)
5.5.9 to add steam generator (SG)
alternate repair criteria and TS 5.6.8 to
add additional SG reporting
requirements.
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.
The proposed change does not involve
physical changes to any plant structure,
system, or component. The inspection of the
portion of the steam generator tubes within
the tubesheet region is being changed to
identify the appropriate scope of inspection
and the criteria for plugging tubes that are
found with degradation. The proposed
requirements will continue to ensure that the
probability of a steam generator tube rupture
accident is not increased. Therefore, the
probability of occurrence for a previously
analyzed accident is not significantly
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
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increased. The consequences of a previously
analyzed accident are dependent on the
initial conditions assumed for the analysis,
the behavior of the fission product barriers
during the analyzed accident, the availability
and successful functioning of the equipment
assumed to operate in response to the
analyzed event, and the setpoints at which
these actions are initiated. The proposed
inspection and repair requirements will
ensure that the plant continues to meet
applicable design and safety analyses
acceptance criteria. The proposed change
does not affect the performance of any
equipment used to mitigate the consequences
of an analyzed accident. As a result, no
analysis assumptions are impacted and there
are no adverse effects on the factors that
contribute to offsite or onsite dose as a result
of an accident. The proposed change does not
affect setpoints that initiate protective or
mitigative actions. The proposed change
ensures that plant structures, systems, and
components are maintained consistent with
the safety analysis and licensing bases. Based
on this evaluation, there is no significant
increase in the consequences of a previously
analyzed accident. Therefore, this change
does not involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. The Proposed Change Does Not Create
the Possibility of a New or Different Kind of
Accident From Any Previously Evaluated.
The proposed change does not involve any
physical alteration of plant systems,
structures, or components. No new or
different equipment is being installed. No
installed equipment is being operated in a
different manner. There is no change to the
parameters within which the plant is
normally operated or in the setpoints that
initiate protective or mitigative actions. The
proposed inspection and repair criteria will
establish appropriate requirements to ensure
that the steam generator tubes are properly
maintained. As a result, no new failure
modes are being introduced. Therefore, 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 the Margin of
Safety.
There is no impact on any margin of safety
resulting from the proposed steam generator
tube inspection and repair criteria. The
integrity of the steam generator tubes and
associated primary to secondary leakage
criteria will be maintained consistent with
the applicable safety margins as established
for HBRSEP, Unit No. 2, by use of the
proposed steam generator alternate repair
criteria. Therefore, this change does 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.
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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, 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 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
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4301
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 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/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
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
entitle the petitioner to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
least one contention will not be
permitted to participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
Nontimely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission or the presiding officer of
the Atomic Safety and Licensing Board
that the petition, request and/or the
contentions should be granted based on
a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
A request for a hearing or a petition
for leave to intervene must be filed by:
(1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; (2) courier, express
mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and
Adjudications Staff; (3) E-mail
addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission,
hearingdocket@nrc.gov; or (4) facsimile
transmission addressed to the Office of
the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC,
Attention: Rulemakings and
Adjudications Staff at (301) 415–1101,
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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 David T. Conley, Associate
General Counsel II—Legal Department,
Progress Energy Service Company, LLC,
Post Office Box 1551, Raleigh, North
Carolina 27602, attorney for the
licensee.
For further details with respect to this
action, see the application for
amendment dated January 19, 2007,
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 23rd day
of January 2007.
For the Nuclear Regulatory Commission.
Chandu P. Patel,
Project Manager, Plant Licensing Branch II–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–1417 Filed 1–29–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Dockets No. 50–155 and 72–043]
Consumers Energy Company Big Rock
Point Plant; Notice of Consideration of
Approval of Transfer of Facility
Operating License and Conforming
Amendment and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering the issuance of an order
under 10 CFR 50.80 and 10 CFR 72.50
approving the transfer of Facility
Operating License No. DPR–6 for Big
Rock Point (BRP) Plant and Independent
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Spent Fuel Storage Installation (ISFSI)
License No. SFGL–16 for BRP currently
held by Consumers Energy Company
(Consumers). The transfer would be to
Entergy Nuclear Palisades, LLC (Entergy
Nuclear Palisades) to possess and own,
and Entergy Nuclear Operations, Inc.
(ENO), to control and operate, the ISFSI.
The Commission is also considering
amending the licenses for
administrative purposes to reflect the
proposed transfer.
According to an application for
approval filed by Consumers, Entergy
Nuclear Palisades, and ENO, Entergy
Nuclear Palisades would acquire
ownership of the facility following
approval of the proposed license
transfer, and ENO would control and
operate ISFSI. No physical change to the
BRP facility or operational changes are
being proposed in the application.
The proposed amendment would
replace references to Consumers in the
license with references to Entergy
Nuclear Palisades and ENO to reflect the
proposed transfer.
Pursuant to 10 CFR 50.80 and 10 CFR
72.50, no license, or any right
thereunder, shall be transferred, directly
or indirectly, through transfer of control
of any license unless the Commission
shall give its consent in writing. The
Commission will approve an
application for the transfer of a license,
if the Commission determines that the
proposed transferee is qualified to hold
the license, and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission
pursuant thereto.
Before issuance of the proposed
conforming 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.
As provided in 10 CFR 2.1315, unless
otherwise determined by the
Commission with regard to a specific
application, the Commission has
determined that any amendment to the
license of a utilization facility or to the
license of an ISFSI which does no more
than conform the license to reflect the
transfer action involves no significant
hazards consideration and no genuine
issue as to whether the health and safety
of the public will be significantly
affected. No contrary determination has
been made with respect to this specific
license amendment application. In light
of the generic determination reflected in
10 CFR 2.1315, no public comments
with respect to significant hazards
considerations are being solicited,
notwithstanding the general comment
procedures contained in 10 CFR 50.91.
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]]>Agencies
[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4300-4302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1417]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-261]
Carolina Power and Light; 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 Renewed Facility Operating
License No. DPR-23 issued to Carolina Power and Light (the licensee)
for operation of the H. B. Robinson Steam Electric Plant (HBRSEP), Unit
No. 2 located in Darlington County, South Carolina.
The proposed amendment would modify Technical Specification (TS)
5.5.9 to add steam generator (SG) alternate repair criteria and TS
5.6.8 to add additional SG reporting requirements.
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.
The proposed change does not involve physical changes to any
plant structure, system, or component. The inspection of the portion
of the steam generator tubes within the tubesheet region is being
changed to identify the appropriate scope of inspection and the
criteria for plugging tubes that are found with degradation. The
proposed requirements will continue to ensure that the probability
of a steam generator tube rupture accident is not increased.
Therefore, the probability of occurrence for a previously analyzed
accident is not significantly
[[Page 4301]]
increased. The consequences of a previously analyzed accident are
dependent on the initial conditions assumed for the analysis, the
behavior of the fission product barriers during the analyzed
accident, the availability and successful functioning of the
equipment assumed to operate in response to the analyzed event, and
the setpoints at which these actions are initiated. The proposed
inspection and repair requirements will ensure that the plant
continues to meet applicable design and safety analyses acceptance
criteria. The proposed change does not affect the performance of any
equipment used to mitigate the consequences of an analyzed accident.
As a result, no analysis assumptions are impacted and there are no
adverse effects on the factors that contribute to offsite or onsite
dose as a result of an accident. The proposed change does not affect
setpoints that initiate protective or mitigative actions. The
proposed change ensures that plant structures, systems, and
components are maintained consistent with the safety analysis and
licensing bases. Based on this evaluation, there is no significant
increase in the consequences of a previously analyzed accident.
Therefore, this change does not involve a significant increase in
the probability or consequences of an accident previously evaluated.
2. The Proposed Change Does Not Create the Possibility of a New
or Different Kind of Accident From Any Previously Evaluated.
The proposed change does not involve any physical alteration of
plant systems, structures, or components. No new or different
equipment is being installed. No installed equipment is being
operated in a different manner. There is no change to the parameters
within which the plant is normally operated or in the setpoints that
initiate protective or mitigative actions. The proposed inspection
and repair criteria will establish appropriate requirements to
ensure that the steam generator tubes are properly maintained. As a
result, no new failure modes are being introduced. Therefore, 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 the Margin of Safety.
There is no impact on any margin of safety resulting from the
proposed steam generator tube inspection and repair criteria. The
integrity of the steam generator tubes and associated primary to
secondary leakage criteria will be maintained consistent with the
applicable safety margins as established for HBRSEP, Unit No. 2, by
use of the proposed steam generator alternate repair criteria.
Therefore, this change does 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 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
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 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/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
[[Page 4302]]
petition must include sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the
amendment under consideration. The contention must be one which, if
proven, would entitle the petitioner to relief. A petitioner/requestor
who fails to satisfy these requirements with respect to at least one
contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
Nontimely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
A request for a hearing or a petition for leave to intervene must
be filed by: (1) First class mail addressed to the Office of the
Secretary of the Commission, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications
Staff; (2) courier, express mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff; (3) E-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, hearingdocket@nrc.gov;
or (4) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. A copy of the request for hearing and
petition for leave to intervene should also be sent to the Office of
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and it is requested that copies be transmitted either by
means of facsimile transmission to 301-415-3725 or by e-mail to
OGCMailCenter@nrc.gov. A copy of the request for hearing and petition
for leave to intervene should also be sent to David T. Conley,
Associate General Counsel II--Legal Department, Progress Energy Service
Company, LLC, Post Office Box 1551, Raleigh, North Carolina 27602,
attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated January 19, 2007, 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 23rd day of January 2007.
For the Nuclear Regulatory Commission.
Chandu P. Patel,
Project Manager, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-1417 Filed 1-29-07; 8:45 am]
BILLING CODE 7590-01-P
