STP Nuclear Operating Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 26428-26430 [E7-8911]
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26428
Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
A copy of the proposed information
collection request can be obtained by
contacting the employee listed in the
FOR FURTHER INFORMATION CONTACT
section of this notice, or viewed on the
Internet by accessing the MSHA home
page (https://www.msha.gov) and then
choosing ‘‘Rules and Regs’’ and
‘‘Federal Register Documents’’.
III. Current Actions
Inspection records denote any hazards
that were discovered and how the
hazards or unsafe conditions were
abated. Federal inspectors use the
records to ensure that unsafe conditions
are identified early and corrected.
Currently, the Mine Safety and Health
Administration (MSHA) is soliciting
comments concerning the proposed
extension of the information collection
related to the Safety Defects,
Examination, Correction, and Records.
Type of Review: Extension.
Agency: Mine Safety and Health
Administration.
Title: Safety Defects; Examination,
Correction and Records.
OMB Number: 1219–0089.
Number of Respondents: 12,557.
Number of Responses: 11,502,241.
Burden Hours: 1,223,104.
Burden Cost (operating/maintaining):
$0.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated at Arlington, Virginia, this 4th day
of May, 2007.
David L. Meyer,
Director, Office of Administration and
Management.
[FR Doc. E7–8882 Filed 5–8–07; 8:45 am]
STATUS:
Open.
The
Commission will consider and act upon
the following in open session: Secretary
of Labor v. Marfork Coal Co., Docket
Nos. WEVA 2006–788–R, WEVA 2006–
789–R, and WEVA 2006–790–R. (Issues
include whether an operator may
maintain a contest proceeding under
section 105(d) of the Mine Act when it
does not seek an expedited hearing.)
Any person attending this meeting
who requires special accessibility
features and/or auxiliary aids, such as
sign language interpreters, must inform
the Commission in advance of those
needs. Subject to 29 CFR 2706.150(a)(3)
and 2706.160(d).
MATTERS TO BE CONSIDERED:
Jean
Ellen (202) 434–9950/(202) 708–9300
for TDD Relay/1–800–877–8339 for toll
free.
CONTACT PERSON FOR MORE INFO:
Jean H. Ellen,
Chief Docket Clerk.
[FR Doc. 07–2321 Filed 5–7–07; 3:19 pm]
BILLING CODE 6735–01–M
NATIONAL SCIENCE FOUNDATION
Committee Management Renewal
The NSF management officials having
responsibility Advisory Committee for
International Science and Engineering
(#25104) have determined that renewing
this group for another two years is
necessary and in the public interest in
connection with the performance of
duties imposed upon the Director,
National Science Foundation by 42
U.S.C. 1861 et seq. This determination
follows consultation with the
Committee Management Secretariat,
General Services Administration.
Effective date for renewal is May 23,
2007. For more information contact
Susanne Bolton at (703) 292–7488.
Dated: May 4, 2007.
Susanne Bolton,
Committee Management Officer.
[FR Doc. E7–8857 Filed 5–8–07; 8:45 am]
BILLING CODE 4510–43–P
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
BILLING CODE 7555–01–P
sroberts on PROD1PC70 with NOTICES
Sunshine Act Meeting
May 2, 2007.
10 a.m., Thursday, May
10, 2007.
PLACE: The Richard V. Backley Hearing
Room, 9th Floor, 601 New Jersey
Avenue, NW., Washington, DC.
TIME AND DATE:
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NUCLEAR REGULATORY
COMMISSION
[DOCKET NOS. 50–498 and 50–499]
STP Nuclear Operating Company;
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (NRC, the Commission) is
considering issuance of amendments to
Facility Operating Licenses, numbered
NPF–76 and NPF–80, issued to STP
Nuclear Operating Company (the
licensee) for operation of the South
Texas Project, Units 1 and 2,
respectively, located in Matagorda
County, Texas.
The proposed amendment request
would change the name of one licensee,
Texas Genco, LP (Texas Genco), to NRG
South Texas LP. The name change
results from purchase of Texas Genco’s
parent company by NRG Energy, Inc. as
approved by the NRC in January 2006.
Before issuance of the proposed
license amendments, 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 amendments 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:
The proposed amendment[s] would only
change the name of a licensee. The proposed
name change does not involve a significant
increase in the probability or consequences
of an accident previously evaluated. The
proposed name change does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated. The proposed name 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
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices
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 amendments until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendments before expiration of the 60day period provided that its final
determination is that the amendments
involve no significant hazards
consideration. In addition, the
Commission may issue the amendments
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division
of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D59, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the licensee
may file a request for a hearing with
respect to issuance of the amendments
to the subject facility operating licenses
and any person whose interest may be
affected by this proceeding and who
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18:12 May 08, 2007
Jkt 211001
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
PO 00000
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26429
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 amendments
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 amendments and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendments. 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
amendments.
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) through (c)(1)(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)
E:\FR\FM\09MYN1.SGM
09MYN1
26430
Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices
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 A. H. Gutterman, Esq., Morgan,
Lewis & Bockius, 1111 Pennsylvania
Avenue, NW., Washington, DC 20004,
the attorney for the licensee.
For further details with respect to this
action, see the application for
amendments dated April 4, 2006, which
is available for public inspection at the
Commission’s PDR, located at One
White Flint North, File Public Area
O1F21, 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.
Dated at Rockville, Maryland, this 3rd day
of May 2007.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E7–8911 Filed 5–8–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
sroberts on PROD1PC70 with NOTICES
Advisory Committee on Reactor
Safeguards (ACRS)Subcommittee
Meeting on Thermal-Hydraulic
Phenomena; Revised
The ACRS Subcommittee meeting on
Thermal-Hydraulic Phenomena
scheduled for May 23–24, 2007 has been
rescheduled to May 24–25, 2007 at 8:30
a.m. in Room T–2B3, 11545 Rockville
Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance, with the exception of
portions that may be closed to discuss
VerDate Aug<31>2005
18:12 May 08, 2007
Jkt 211001
General Electric proprietary information
pursuant to 5 U.S.C. 552b(c)(4).
The Subcommittee will review the
staff evaluation of the MELLLA+, GE
Methods, and GE DSS–CD Topical
Reports. The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the full Committee.
Notice of this meeting was published
in the Federal Register on Wednesday,
April 18, 2007 (72 FR 19553). All other
items pertaining to this meeting remain
the same as previously published.
For Further Information Contact: Mr.
Ralph Caruso, Senior Staff Engineer
(telephone 301–415–8065 or e-mail:
rxc@nrc.gov) between 7:30 a.m. and 4:15
p.m. (ET).
Dated: May 3, 2007.
Cayetano Santos,
Branch Chief, ACRS.
[FR Doc. E7–8890 Filed 5–8–07; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice with Respect to List of
Countries Denying Fair Market
Opportunities for Government-Funded
Airport Construction Projects
Office of the United States
Trade Representative.
ACTION: Notice with respect to a list of
countries denying fair market
opportunities for products, suppliers or
bidders of the United States in airport
construction projects.
AGENCY:
EFFECTIVE DATE:
Date of Publication.
FOR FURTHER INFORMATION CONTACT:
Dawn Shackleford, Director for
International Procurement, Office of the
United States Trade Representative,
(202) 395–9461, or Behnaz Kibria,
Assistant General Counsel, Office of the
United States Trade Representative,
(202) 395–9589.
SUMMARY: Pursuant to section 533 of the
Airport and Airway Improvement Act of
1982, as amended (49 U.S.C. 50104), the
United States Trade Representative
(USTR) has determined not to include
any countries on the list of countries
that deny fair market opportunities for
U.S. products, suppliers, or bidders in
foreign government-funded airport
construction projects.
SUPPLEMENTARY INFORMATION: Section
533 of the Airport and Airway
Improvement Act of 1982, as amended
by section 115 of the Airport and
Airway Safety and Capacity Expansion
Act of 1987, Public Law 100–223
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(codified at 49 U.S.C. 50104) (‘‘the
Act’’), requires USTR to decide whether
any foreign countries have denied fair
market opportunities to U.S. products,
suppliers, or bidders in connection with
airport construction projects of $500,000
or more that are funded in whole or in
part by the governments of such
countries. The list of such countries
must be published in the Federal
Register. For the purposes of the Act,
USTR has decided not to include any
countries on the list of countries that
deny fair market opportunities for U.S.
products, suppliers, or bidders in
foreign government-funded airport
construction projects.
Susan C. Schwab,
United States Trade Representative.
[FR Doc. E7–8891 Filed 5–8–07; 8:45 am]
BILLING CODE 3190–W7–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55677; File No. SR–CBOE–
2007–32]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to Transaction
Fees for Certain Electronically
Executed Orders
April 27, 2007
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 29,
2007, the Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
substantially prepared by the CBOE.
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 the
CBOE Fees Schedule (‘‘Fees Schedule’’)
to increase transaction fees for certain
electronically executed orders. The text
of the proposed rule change is available
at the CBOE, on the Exchange’s Web site
at https://www.cboe.org/legal, and in the
Commission’s Public Reference Room.
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Agencies
[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26428-26430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8911]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[DOCKET NOS. 50-498 and 50-499]
STP Nuclear Operating Company; Notice of Consideration of
Issuance of Amendments to Facility Operating Licenses, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (NRC, the Commission) is
considering issuance of amendments to Facility Operating Licenses,
numbered NPF-76 and NPF-80, issued to STP Nuclear Operating Company
(the licensee) for operation of the South Texas Project, Units 1 and 2,
respectively, located in Matagorda County, Texas.
The proposed amendment request would change the name of one
licensee, Texas Genco, LP (Texas Genco), to NRG South Texas LP. The
name change results from purchase of Texas Genco's parent company by
NRG Energy, Inc. as approved by the NRC in January 2006.
Before issuance of the proposed license amendments, 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 amendments 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:
The proposed amendment[s] would only change the name of a
licensee. The proposed name change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated. The proposed name change does not create the
possibility of a new or different kind of accident from any accident
previously evaluated. The proposed name 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
[[Page 26429]]
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 amendments until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendments before expiration of the
60-day period provided that its final determination is that the
amendments involve no significant hazards consideration. In addition,
the Commission may issue the amendments prior to the expiration of the
30-day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Written comments may also
be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or copied for a fee, at the NRC's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the amendments to the subject facility operating licenses 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 material issue of law or fact.
Contentions shall be limited to matters within the scope of the
amendments 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
amendments and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendments. 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 amendments.
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) through (c)(1)(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)
[[Page 26430]]
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 A. H. Gutterman, Esq., Morgan, Lewis & Bockius,
1111 Pennsylvania Avenue, NW., Washington, DC 20004, the attorney for
the licensee.
For further details with respect to this action, see the
application for amendments dated April 4, 2006, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, File Public Area O1F21, 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.
Dated at Rockville, Maryland, this 3rd day of May 2007.
For the Nuclear Regulatory Commission.
Mohan C. Thadani,
Senior Project Manager, Plant Licensing Branch IV, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-8911 Filed 5-8-07; 8:45 am]
BILLING CODE 7590-01-P