Dominion Energy Kewaunee, Inc.; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 5303-5305 [E7-1784]
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Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices
U.S.C. 9101, et seq. Section 210 of the
Act supports IMLS’ data collection and
analysis role. The IMLS provides a
variety of grant programs to assist the
nation’s museums and libraries in
improving their operations and
enhancing their services to the public.
Museums and libraries of all sizes and
types may receive support from IMLS
programs.
The State Library Agencies Survey,
conducted by the U.S. Department of
Education, has OMB clearance number
1850–0705; it expires 7/31/2008.
Plans are underway for the transfer of
the State Library Agencies Survey from
the Dept. of Education to the Institute of
Museum and Library Services beginning
with Fiscal Year 2008. The
responsibility for this data collection,
and for the clearance process, will be
transferred entirely to IMLS.
Abstract: State Library Agencies are
the official agencies of each state
charged by state law with the extension
and development of public library
services throughout each state. The
purpose of the State Library Agencies
Survey is to provide state and federal
policymakers with information about
State Library Agencies, including their
governance, allied operations,
developmental services to libraries and
library systems, support of electronic
information networks and resources,
number and types of outlets, and direct
services to the public.
OMB Number: n/a.
Agency Number: 3137.
Affected Public: federal, state and
local governments, state library
agencies, libraries, general public.
Number of Respondents: 51.
Frequency: Annually.
Burden hours per respondent: 21.
Total burden hours: 1071.
Contact: Barbara G. Smith, E-Projects
Officer, Office of Information Resources
Management, Institute of Museum and
Library Services, 1800 M Street NW.,
9th Floor, Washington DC 20036. Ms.
Smith can be reached by Telephone:
202–653–4688, Fax: 202–653–4625, or
by e-mail at bsmith@imls.gov.
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NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Arts; Arts
Advisory Panel
Pursuant to Section 10(a)(2) of the
Federal Advisory Committee Act (Pub.
L. 92–463), as amended, notice is hereby
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BILLING CODE 7537–01–P
[Docket No. 50–305]
BILLING CODE 7036–01–P
15:07 Feb 02, 2007
Dated: January 31, 2007.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations,
National Endowment for the Arts.
[FR Doc. E7–1885 Filed 2–2–07; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
Barbara G. Smith,
E-Projects Officer.
[FR Doc. E7–1766 Filed 2–2–07; 8:45 am]
VerDate Aug<31>2005
given that a meeting of the Arts
Advisory Panel to the National Council
on the Arts will be held by
teleconference from the Nancy Hanks
Center, 1100 Pennsylvania Avenue,
NW., Washington, DC, 20506 as follows
(ending time is approximate):
Arts Education (Education Leaders
Institute application review): February
13, 2007. This meeting, from 3 p.m. to
4:30 p.m. eastern standard time, will be
closed.
The closed portions of meetings are
for the purpose of Panel review,
discussion, evaluation, and
recommendations on financial
assistance under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended,
including information given in
confidence to the agency. In accordance
with the determination of the Chairman
of April 8, 2005, these sessions will be
closed to the public pursuant to
subsection (c)(6) of section 552b of Title
5, United States Code.
Any person may observe meetings, or
portions thereof, of advisory panels that
are open to the public, and if time
allows, may be permitted to participate
in the panel’s discussions at the
discretion of the panel chairman. If you
need special accommodations due to a
disability, please contact the Office of
AccessAbility, National Endowment for
the Arts, 1100 Pennsylvania Avenue,
NW., Washington, DC 20506, 202/682–
5532, TDY-TDD 202/682–5496, at least
seven (7) days prior to the meeting.
Further information with reference to
these meetings can be obtained from Ms.
Kathy Plowitz-Worden, Office of
Guidelines & Panel Operations, National
Endowment for the Arts, Washington,
DC 20506, or call 202/682–5691.
Dominion Energy Kewaunee, Inc.;
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–
PO 00000
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5303
43 issued to Dominion Energy
Kewaunee, Inc. (the licensee) for
operation of the Kewaunee Power
Station (KPS) located in Kewaunee
County, Wisconsin.
The proposed amendment would
modify KPS Technical Specification
(TS) 4.6.a.5 to permit performance of the
emergency diesel generator rated load
test at a reduced load consistent with
the short-time rating for the emergency
diesel generators.
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. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
No.
The proposed changes do not affect any of
the previously evaluated accidents in the
Updated Safety Analysis Report (USAR). The
proposed change is to make the EDG test
specified by TS 4.6.a.5 (referred to as the
short-time or short-term test) consistent with
IEEE 387–1977, Regulatory Guide 1.9–1993,
and NUREG 1431, Revision 3.1. The
proposed amendment increases the total EDG
test run time from 2 hours to 24 hours and
decreases the maximum load value for the 2hour portion of the test from 113.7% of
continuous duty (2950 kW) to 110% of
continuous duty (2860 kW). The proposed
amendment also adds a specification to run
the EDG loaded to a maximum of its
continuous duty load (2600 kW) for the
remainder of the 24 hours.
The KPS (EDGs) are designed to supply
electrical power to engineered safety features
(ESF) electrical busses in the event of a loss
of normal power sources to these busses. The
ESFs are designed to mitigate the
consequences of an accident. The EDGs are
not an accident initiator, and thus the
proposed changes do not affect the
probability of an accident previously
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Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices
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evaluated in the USAR. The purpose of the
EDGs is to supply reliable power at rated
voltage and frequency to ESF equipment that
is used to mitigate the consequences of an
accident. The proposed amendment modifies
one of the EDG surveillances to make it
consistent with IEEE 387–1977, Regulatory
Guide 1.9–1993, and NUREG 1431, Rev 3.1.
The change does not reduce the reliability of
the EDGs because the modified testing
requirements will continue to assure their
necessary quality and demonstrate that the
EDGs are capable of performing their
intended safety function. The EDG will
continue to supply reliable power to the ESF
equipment as required by the USAR accident
analysis. Because the EDG will continue to
supply the ESF power requirements and the
change does not reduce the reliability of the
EDGs, there is not a significant increase in
the consequences of an accident previously
evaluated. Therefore, the proposed
amendment does not involve a significant
increase in the probability or consequences
of an accident previously evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
No.
The proposed amendment does not change
the design function or operation of the EDGs.
The proposed amendment would not change
the methods of starting, loading, or
monitoring the EDGs during testing in a
manner that could create the possibility of a
new or different kind of accident than
previously evaluated. The proposed
amendment would alter the run time for the
EDG’s when tested and the load at which the
EDG’s are tested. However, no new
equipment is being added or changed as a
result of the proposed amendment.
Therefore, the proposed amendment does
not create the possibility of a new or different
kind of accident from any previously
evaluated.
3. Does the proposed amendment involve
a significant reduction in a margin of safety?
No.
The proposed amendment does not change
the EDG output characteristics. The EDG will
remain capable of supplying the output
necessary to meet post-accident loading
requirements. The proposed amendment
would change the length of the surveillance
test and the load on the EDGs during the test.
However, these changes are consistent with
accepted industry standards contained in
IEEE 387–1977, Regulatory Guide 1.9–1993,
and NUREG 1431.
Therefore, the proposed amendment does
not involve a significant reduction in a
margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
VerDate Aug<31>2005
15:07 Feb 02, 2007
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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
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings’’ in 10
PO 00000
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Fmt 4703
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CFR Part 2. Interested persons should
consult a current copy of 10 CFR 2.309,
which is available at the Commission’s
PDR, located at One White Flint North,
Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestors/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
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Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Notices
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
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15:07 Feb 02, 2007
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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 Bradley D. Jackson, Esq., Foley
and Lardner, P.O. Box 1497, Madison,
WI 53701–1497 the attorney for the
licensee.
For further details with respect to this
action, see the application for
amendment dated January 10, 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 29th day
of January 2007.
For The Nuclear Regulatory Commission.
Patrick D. Milano,
Acting Chief, Plant Licensing Branch III–1,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–1784 Filed 2–2–07; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55191; File No. SR–ISE–
2007–01]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing of a Proposed
Rule Change Relating to Rule 2113
Long and Short Sales
January 29, 2007.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on January 5,
2007, the International Securities
Exchange, LLC (the ‘‘Exchange’’ or the
‘‘ISE’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00048
Fmt 4703
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5305
the proposed rule change as described
in Items I, II, and III below, which items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend ISE
Rule 2113 (Long and Short Sales) to
conform its language to Rule 10a–
1(a)(1)(i) promulgated under the Act.
The text of the proposed rule change is
available at https://www.ISE.com, at the
Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
(1) Purpose—Currently, Rule 2113
provides that the Exchange will not
execute a short sale order below the
price at which the last sale was effected
on the Exchange. The purpose of this
filing is to amend ISE Rule 2113 (Long
and Short Sales) to conform its language
to Rule 10a–1(a)(1)(i) promulgated
under the Act, whereby the Exchange
will not execute a short sale order below
the price at which the last sale was
reported pursuant to an effective
transaction reporting plan, as defined in
Rule 242.600 under the Act.
(2) Basis—The basis under the Act for
this proposed rule change is found in
Section 6(b)(5). Specifically, the
Exchange believes the proposed rule
change is consistent with Section 6(b)(5)
requirements that the rules of an
exchange be designed to promote just
and equitable principles of trade, serve
to remove impediments to and perfect
the mechanism for a free and open
market and a national market system,
and, in general, to protect investors and
the public interest.
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]]>Agencies
[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Notices]
[Pages 5303-5305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1784]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-305]
Dominion Energy Kewaunee, Inc.; 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-43 issued to Dominion Energy Kewaunee, Inc. (the licensee) for
operation of the Kewaunee Power Station (KPS) located in Kewaunee
County, Wisconsin.
The proposed amendment would modify KPS Technical Specification
(TS) 4.6.a.5 to permit performance of the emergency diesel generator
rated load test at a reduced load consistent with the short-time rating
for the emergency diesel generators.
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. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
No.
The proposed changes do not affect any of the previously
evaluated accidents in the Updated Safety Analysis Report (USAR).
The proposed change is to make the EDG test specified by TS 4.6.a.5
(referred to as the short-time or short-term test) consistent with
IEEE 387-1977, Regulatory Guide 1.9-1993, and NUREG 1431, Revision
3.1. The proposed amendment increases the total EDG test run time
from 2 hours to 24 hours and decreases the maximum load value for
the 2-hour portion of the test from 113.7% of continuous duty (2950
kW) to 110% of continuous duty (2860 kW). The proposed amendment
also adds a specification to run the EDG loaded to a maximum of its
continuous duty load (2600 kW) for the remainder of the 24 hours.
The KPS (EDGs) are designed to supply electrical power to
engineered safety features (ESF) electrical busses in the event of a
loss of normal power sources to these busses. The ESFs are designed
to mitigate the consequences of an accident. The EDGs are not an
accident initiator, and thus the proposed changes do not affect the
probability of an accident previously
[[Page 5304]]
evaluated in the USAR. The purpose of the EDGs is to supply reliable
power at rated voltage and frequency to ESF equipment that is used
to mitigate the consequences of an accident. The proposed amendment
modifies one of the EDG surveillances to make it consistent with
IEEE 387-1977, Regulatory Guide 1.9-1993, and NUREG 1431, Rev 3.1.
The change does not reduce the reliability of the EDGs because the
modified testing requirements will continue to assure their
necessary quality and demonstrate that the EDGs are capable of
performing their intended safety function. The EDG will continue to
supply reliable power to the ESF equipment as required by the USAR
accident analysis. Because the EDG will continue to supply the ESF
power requirements and the change does not reduce the reliability of
the EDGs, there is not a significant increase in the consequences of
an accident previously evaluated. Therefore, the proposed amendment
does not involve a significant increase in the probability or
consequences of an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
No.
The proposed amendment does not change the design function or
operation of the EDGs. The proposed amendment would not change the
methods of starting, loading, or monitoring the EDGs during testing
in a manner that could create the possibility of a new or different
kind of accident than previously evaluated. The proposed amendment
would alter the run time for the EDG's when tested and the load at
which the EDG's are tested. However, no new equipment is being added
or changed as a result of the proposed amendment.
Therefore, the proposed amendment does not create the
possibility of a new or different kind of accident from any
previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
No.
The proposed amendment does not change the EDG output
characteristics. The EDG will remain capable of supplying the output
necessary to meet post-accident loading requirements. The proposed
amendment would change the length of the surveillance test and the
load on the EDGs during the test. However, these changes are
consistent with accepted industry standards contained in IEEE 387-
1977, Regulatory Guide 1.9-1993, and NUREG 1431.
Therefore, the proposed amendment does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, 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
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestors/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include sufficient information to show that a genuine
dispute exists with the applicant on a
[[Page 5305]]
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 Bradley D. Jackson, Esq.,
Foley and Lardner, P.O. Box 1497, Madison, WI 53701-1497 the attorney
for the licensee.
For further details with respect to this action, see the
application for amendment dated January 10, 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 29th day of January 2007.
For The Nuclear Regulatory Commission.
Patrick D. Milano,
Acting Chief, Plant Licensing Branch III-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-1784 Filed 2-2-07; 8:45 am]
BILLING CODE 7590-01-P
