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, 4302-4303 [E7-1418]

Download as PDF ycherry on PROD1PC64 with NOTICES 4302 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, VerDate Aug<31>2005 15:36 Jan 29, 2007 Jkt 211001 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, http:// 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 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 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. E:\FR\FM\30JAN1.SGM 30JAN1 ycherry on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person whose interest may be affected by the Commission’s action on the application may request a hearing and, if not the applicant, may petition for leave to intervene in a hearing proceeding on the Commission’s action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission’s rules of practice set forth in Subpart C ‘‘Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,’’ of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)–(viii). Requests for a hearing and petitions for leave to intervene should be served upon Douglas E. Levanway, Wise, Carter, Child, and Caraway, P.O. Box 651, Jackson, MS 39205, 601–968–5524, Facsimile: 601–968–5593, E-mail: DEL@wisecarter.com, and Sam Behrends, LeBoeuf, Lamb, Greene & MacRae, 1875 Connecticut Ave., NW, Suite 1200, Washington, DC 20009, 202–986–8108, Facsimile: 202–986– 8102, E-mail: Sbehrend@llgm.com; the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001 (e-mail address for filings regarding license transfer cases only: OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 and 2.305. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing. VerDate Aug<31>2005 15:36 Jan 29, 2007 Jkt 211001 As an alternative to requests for hearing and petitions to intervene, within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this FR Notice. For further details with respect to this action, see the application dated October 31, 2006, 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/ 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 18th day of January 2007. For the Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery, Licensing Directorate, Division of Waste Management, and Environmental Protection, Office of Federal and State Materials, and Environmental Management Programs. [FR Doc. E7–1418 Filed 1–29–07; 8:45 am] BILLING CODE 7590–01–P Advisory Committee on Reactor Safeguards (ACRS) Subcommittee Meeting on Thermal-Hydraulic Phenomena; Notice of Meeting The ACRS Subcommittee on ThermalHydraulic Phenomena will hold a meeting on February 26–27, 2007, 11545 Rockville Pike, Rockville, Maryland in Room T–2B3. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Frm 00073 Fmt 4703 Monday, February 26, 2007—8:30 a.m. until the conclusion of business. Tuesday, February 27, 2007—8:30 a.m. until the conclusion of business. The Subcommittee will review the final staff reports on Chemical Effects Testing related to Generic Safety Issue– 191, ‘‘PWR Sump Performance.’’ The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Ralph Caruso (Telephone: 301–415–8065) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:30 a.m. and 4:15 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: January 24, 2007. Eric A. Thornsbury, Acting Branch Chief, ACRS/ACNW. [FR Doc. E7–1411 Filed 1–29–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Sunshine Act Meeting Weeks of January 29, February 5, 12, 19, 26, March 5, 2007. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. DATES: MATTERS TO BE CONSIDERED Week of January 29, 2007 NUCLEAR REGULATORY COMMISSION PO 00000 4303 Sfmt 4703 Monday, January 29, 2007 10:50 a.m. Affirmation Session (Public Meeting) (Tentative). a. Final Rulemaking to Revise 10 CFR 73.1, Design Basis Threat (DBT) Requirements (Tentative). b. AmerGen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station) Docket No. 50–0219, Remaining Legal challenges to LBP–06–07 (Tentative). c. Nuclear Management Co., LLC (Palisades Nuclear Plant, license renewal application); response to ‘‘Notice’’ relating to San Louis Obispo Mothers for Peace E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4302-4303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1418]


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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 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.

[[Page 4303]]

    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    Within 20 days from the date of publication of this notice, any 
person whose interest may be affected by the Commission's action on the 
application may request a hearing and, if not the applicant, may 
petition for leave to intervene in a hearing proceeding on the 
Commission's action. Requests for a hearing and petitions for leave to 
intervene should be filed in accordance with the Commission's rules of 
practice set forth in Subpart C ``Rules of General Applicability: 
Hearing Requests, Petitions to Intervene, Availability of Documents, 
Selection of Specific Hearing Procedures, Presiding Officer Powers, and 
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR 
Part 2. In particular, such requests and petitions must comply with the 
requirements set forth in 10 CFR 2.309. Untimely requests and petitions 
may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for 
failure to file on time is established. In addition, an untimely 
request or petition should address the factors that the Commission will 
also consider, in reviewing untimely requests or petitions, set forth 
in 10 CFR 2.309(c)(1)(i)-(viii).
    Requests for a hearing and petitions for leave to intervene should 
be served upon Douglas E. Levanway, Wise, Carter, Child, and Caraway, 
P.O. Box 651, Jackson, MS 39205, 601-968-5524, Facsimile: 601-968-5593, 
E-mail: DEL@wisecarter.com, and Sam Behrends, LeBoeuf, Lamb, Greene & 
MacRae, 1875 Connecticut Ave., NW, Suite 1200, Washington, DC 20009, 
202-986-8108, Facsimile: 202-986-8102, E-mail: Sbehrend@llgm.com; the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001 (e-mail address for filings regarding license transfer cases 
only: OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 
and 2.305.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    As an alternative to requests for hearing and petitions to 
intervene, within 30 days from the date of publication of this notice, 
persons may submit written comments regarding the license transfer 
application, as provided for in 10 CFR 2.1305. The Commission will 
consider and, if appropriate, respond to these comments, but such 
comments will not otherwise constitute part of the decisional record. 
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and should cite the publication date and page 
number of this FR Notice.
    For further details with respect to this action, see the 
application dated October 31, 2006, 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/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 18th day of January 2007.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery, Licensing 
Directorate, Division of Waste Management, and Environmental 
Protection, Office of Federal and State Materials, and Environmental 
Management Programs.
[FR Doc. E7-1418 Filed 1-29-07; 8:45 am]
BILLING CODE 7590-01-P