Pilgrim Nuclear Power Station, Entergy Nuclear Operations, Inc.; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards; Consideration Determination, and Opportunity for a Hearing, 7776-7778 [E7-2804]
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Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Notices
The Inspector General has not limited
his authority to issue subpoenas or to
affix the Departmental seal and certify
copies of records, or to request
information under 5 U.S.C. § 552a by
this delegation or redelegation. Also,
this delegation and redelegation of
authority prohibits further delegation or
redelegation.
Accordingly, the Inspector General
delegates and redelegates as follows:
NUCLEAR REGULATORY
COMMISSION
BILLING CODE 4210–67–P
Pilgrim Nuclear Power Station, Entergy
Nuclear Operations, Inc.; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards; Consideration Determination,
and Opportunity for a Hearing
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Information Security Oversight Office
Section A. Authority Delegated and
Redelegated
The HUD Inspector General delegates
to the Deputy Inspector General, the
Assistant Inspectors General, the Deputy
Assistant Inspectors General, the
Special Agents in Charge, the Regional
Inspectors General for Audit and the
Directors within the Office of Audit, the
authority to require by subpoena the
production of all information,
documents, reports, answers, records,
accounts, papers, and other data and
documentary evidence necessary in the
performance of the functions assigned
by the Inspector General Act pursuant to
Section 6(a)(4) of the Inspector General
Act of 1978.
Additionally, the Inspector General
redelegates to the Deputy Inspector
General, the Assistant Inspectors
General, the Deputy Assistant Inspectors
General, the Special Agents in Charge,
the Regional Inspectors General for
Audit and the Directors within the
Office of Audit, the authority under the
delegation of authority published at 68
FR 41840 (July 15, 2003) to cause the
seal of the Department of Housing and
Urban Development to be affixed to
such documents as may require its
application and to certify that a copy of
any book, record, paper, microfilm or
other document is a true copy of that in
the files of the Department.
Additionally, the Inspector General
delegates to the Deputy Inspector
General, the Assistant Inspector General
for Investigations, the Deputy Assistant
Inspectors General for Investigations,
and the Special Agents in Charge, the
authority to request information under
5 U.S.C. section 552a(b)(7).
Section B. No Further Delegation or
Redelegation
hsrobinson on PROD1PC76 with NOTICES
Dated: February 12, 2007.
Kenneth M. Donohue,
Inspector General.
[FR Doc. E7–2826 Filed 2–16–07; 8:45 am]
Public Interest Declassification Board
(PIDB); Notice of Meeting
Pursuant to Section 1102 of the
Intelligence Reform and Terrorism
Prevention Act of 2004 which extended
and modified the Public Interest
Declassification Board (PIDB) as
established by the Public Interest
Declassification Act of 2000 (Pub. L.
106–567, title VII, December 27, 2000,
114 Stat. 2856), announcement is made
for the following committee meeting:
Name of Committee: Public Interest
Declassification Board (PIDB).
Date of Meeting: Friday, December 15,
2006.
Time of Meeting: 9 a.m. to 12:30 p.m.
Place of Meeting: National Archives and
Records Administration, 700 Pennsylvania
Avenue, NW, Rooms 500/501, Washington,
DC 20408.
Purpose: To discuss declassification
program issues.
This meeting will be open to the public.
However, due to space limitations and access
procedures, the name and telephone number
of individuals planning to attend must be
submitted to the Information Security
Oversight Office (ISOO) no later than
Monday, December 11, 2006. ISOO will
provide additional instructions for gaining
access to the location of the meeting.
For Further Information Contact: J. William
Leonard, Director Information Security
Oversight Office, National Archives Building,
700 Pennsylvania Avenue, NW, Washington,
DC 20408, telephone number (202) 357–5250.
Dated: February 12, 2007.
J. William Leonard,
Director, Information Security Oversight
Office.
[FR Doc. E7–2866 Filed 2–16–07; 8:45 am]
BILLING CODE 7515–01–P
The authority delegated and
redelegated in Section A above may not
be further delegated or redelegated.
Authority: Section 6(a)(4), Inspector
General Act of 1978 (5 U.S.C. App.); Section
7(d), Department of HUD Act (42 U.S.C.
3535(d)); Delegation of Authority, April 15,
1987, at 52 FR 12259; 5 U.S.C. section 552a.
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[Docket No. 50–293]
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering issuance of an
amendment to Facility Operating
License No. DPR–35 issued to Entergy
Nuclear Operations, Inc. (the licensee)
for operation of the Pilgrim Nuclear
Power Station (Pilgrim), located in
Plymouth County, Massachusetts.
The proposed amendment would
revise Limiting Condition for Operation
(LCO) 3.14.A to adopt the Technical
Specification Task Force-484, Revision
0, ‘‘Use of Technical Specification
3.10.1 for Scram Time Testing
Activities.’’
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; (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:
Criterion 1—The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
Technical Specifications currently allow
for operation at greater than [200]°F while
imposing MODE 4 requirements in addition
to the secondary containment requirements
required to be met. Extending the activities
that can apply this allowance will not
adversely impact the probability or
consequences of an accident previously
evaluated.
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Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Notices
hsrobinson on PROD1PC76 with NOTICES
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
Criterion 2—The Proposed Change Does Not
Create the Possibility of a New or Different
Kind of Accident From Any Previously
Evaluated
Technical Specifications currently allow
for operation at greater than [200]°F while
imposing MODE 4 requirements in addition
to the secondary containment requirements
required to be met. No new operational
conditions beyond those currently allowed
by LCO 3.10.1 are introduced. The changes
do not involve a physical alteration of the
plant (i.e., no new or different type of
equipment will be installed) or a change in
the methods governing normal plant
operation. In addition, the changes do not
impose any new or different requirements or
eliminate any existing requirements. The
changes do not alter assumptions made in the
safety analysis. The proposed changes are
consistent with the safety analysis
assumptions and current plant operating
practice.
Therefore, the proposed change does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
Criterion 3—The Proposed Change Does Not
Involve a Significant Reduction in a Margin
of Safety
Technical Specifications currently allow
for operation at greater than [200]°F while
imposing MODE 4 requirements in addition
to the secondary containment requirements
required to be met. Extending the activities
that can apply this allowance will not
adversely impact any margin of safety.
Allowing completion of inspections and
testing and supporting completion of scram
time testing initiated in conjunction with an
inservice leak or hydrostatic test prior to
power operation results in enhanced safe
operations by eliminating unnecessary
maneuvers to control reactor temperature and
pressure.
Therefore, the proposed change 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
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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 NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the licensee
may file a request for a hearing with
respect to issuance of the amendment to
the subject facility operating license and
any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
for a hearing and a petition for leave to
intervene. Requests for a hearing and a
petition for leave to intervene shall be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings’’ in 10
CFR Part 2. Interested persons should
consult a current copy of 10 CFR 2.309,
which is available at the Commission’s
PDR, located at One White Flint North,
Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly-available records
will be accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
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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
requester/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
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
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Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Notices
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 email to OGCMailCenter@nrc.gov. A copy
of the request for hearing and petition
for leave to intervene should also be
sent to Travis C. McCullough, Assistant
General Counsel, Entergy Nuclear
Operations, Inc., 400 Hamilton Avenue,
White Plains, NY 10601, attorney for the
licensee.
For further details with respect to this
action, see the application for
amendment dated December 27, 2006,
which is available for public inspection
at the Commission’s PDR, located at
One White Flint North, File Public Area
O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publiclyavailable records will be accessible from
the 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.
For The Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 8th day
of February 2007.
James Kim,
Project Manager, Plant Licensing Branch I–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–2804 Filed 2–16–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Notice of Availability of Draft Interim
Staff Guidance Document Hlwrs–Isg–
03, ‘‘Preclosure Safety Analysis—Dose
Performance Objectives and Radiation
Protection Program’’
Nuclear Regulatory
Commission.
AGENCY:
ACTION:
Notice of availability.
Jon
Chen, Project Manager, Project
Management Branch B, Division of
High-Level Waste Repository Safety,
Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Telephone: (301) 415–5526; fax
number: (301) 415–5399; e-mail:
jcc2@nrc.gov.
FOR FURTHER INFORMATION, CONTACT:
SUPPLEMENTARY INFORMATION:
I. Introduction
The Yucca Mountain Review Plan
(YMRP) (July 2003, NUREG–1804,
Revision 2) provides guidance for U.S.
Nuclear Regulatory Commission (NRC)
Division of High-Level Waste Repository
Safety (HLWRS) staff to evaluate a U.S.
Department of Energy (DOE) license
application for a geologic repository.
NRC has prepared Interim Staff
Guidance (ISG) to provide clarifications
or refinements to the guidance provided
in the YMRP. NRC is soliciting public
comments on Draft HLWRS–ISG–03,
which will be considered in the final
version, or subsequent revisions, to
HLWRS–ISG–03.
II. Summary
The purpose of this notice is to
provide the public with an opportunity
to review and comment on draft
HLWRS–ISG–03, which is to
supplement the YMRP, for the NRC staff
review of consequence estimates for the
preclosure safety analysis, and the
associated radiation protection program
that will be implemented by DOE
during geologic repository operations
area operations.
This ISG revises Sections 2.1.1.5 and
2.1.1.8 of the YMRP. A sufficient
description of the radiation protection
program and adequate technical bases
for consequence estimates are needed to
demonstrate compliance with the
performance objectives in Code of
Federal Regulations (CFR), Title 10, Part
63 (10 CFR Part 63), and radiation
protection requirements of 10 CFR Part
20.
III. Further Information
The documents related to this action
are available electronically at NRC’s
Electronic Reading Room, at https://
www.nrc.gov/reading-rm/adams.html.
From this site, a member of the public
can access NRC’s Agencywide
Documents Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
number for the document related to this
notice is provided in the following
table. If an individual does not have
access to ADAMS, or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
Public Document Room Reference (PDR)
staff, at 1–800–397–4209, or (301) 415–
4737, or by e-mail, at pdr@nrc.gov.
ISG
ADAMS accession number
Draft HLWRS–ISG–03, ‘‘Preclosure Safety Analysis—Dose Performance Objectives and Radiation Protection
Program’’.
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]]>Agencies
[Federal Register Volume 72, Number 33 (Tuesday, February 20, 2007)]
[Notices]
[Pages 7776-7778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2804]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-293]
Pilgrim Nuclear Power Station, Entergy Nuclear Operations, 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 (NRC or the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-35 issued to Entergy Nuclear Operations, Inc. (the licensee) for
operation of the Pilgrim Nuclear Power Station (Pilgrim), located in
Plymouth County, Massachusetts.
The proposed amendment would revise Limiting Condition for
Operation (LCO) 3.14.A to adopt the Technical Specification Task Force-
484, Revision 0, ``Use of Technical Specification 3.10.1 for Scram Time
Testing Activities.''
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; (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:
Criterion 1--The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
Technical Specifications currently allow for operation at
greater than [200][deg]F while imposing MODE 4 requirements in
addition to the secondary containment requirements required to be
met. Extending the activities that can apply this allowance will not
adversely impact the probability or consequences of an accident
previously evaluated.
[[Page 7777]]
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
Criterion 2--The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident From Any Previously Evaluated
Technical Specifications currently allow for operation at
greater than [200][deg]F while imposing MODE 4 requirements in
addition to the secondary containment requirements required to be
met. No new operational conditions beyond those currently allowed by
LCO 3.10.1 are introduced. The changes do not involve a physical
alteration of the plant (i.e., no new or different type of equipment
will be installed) or a change in the methods governing normal plant
operation. In addition, the changes do not impose any new or
different requirements or eliminate any existing requirements. The
changes do not alter assumptions made in the safety analysis. The
proposed changes are consistent with the safety analysis assumptions
and current plant operating practice.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
Criterion 3--The Proposed Change Does Not Involve a Significant
Reduction in a Margin of Safety
Technical Specifications currently allow for operation at
greater than [200][deg]F while imposing MODE 4 requirements in
addition to the secondary containment requirements required to be
met. Extending the activities that can apply this allowance will not
adversely impact any margin of safety. Allowing completion of
inspections and testing and supporting completion of scram time
testing initiated in conjunction with an inservice leak or
hydrostatic test prior to power operation results in enhanced safe
operations by eliminating unnecessary maneuvers to control reactor
temperature and pressure.
Therefore, the proposed change 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 NRC's Public Document Room (PDR), located at One White
Flint North, Public File Area O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any person
whose interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
for a hearing and a petition for leave to intervene. Requests for a
hearing and a petition for leave to intervene shall be filed in
accordance with the Commission's ``Rules of Practice for Domestic
Licensing Proceedings'' in 10 CFR Part 2. Interested persons should
consult a current copy of 10 CFR 2.309, which is available at the
Commission's PDR, located at One White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly-available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requester/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 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
[[Page 7778]]
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 Travis C. McCullough,
Assistant General Counsel, Entergy Nuclear Operations, Inc., 400
Hamilton Avenue, White Plains, NY 10601, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated December 27, 2006, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, File Public Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly-available records will be
accessible from the 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.
For The Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 8th day of February 2007.
James Kim,
Project Manager, Plant Licensing Branch I-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-2804 Filed 2-16-07; 8:45 am]
BILLING CODE 7590-01-P
