Carolina Power & Light Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 49742-49744 [E7-17135]
Download as PDF
<![CDATA[
49742
Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Notices
1. Date: September 11, 2007.
Time: 9 a.m. to 5 p.m.
Room: 415.
Program: This meeting will review
applications for Education and Training
in Preservation and Access Education
and Training Grants, submitted to the
Division of Preservation and Access, at
the July 3, 2007 deadline.
2. Date: September 20, 2007.
Time: 2:30 p.m. to 5:30 p.m.
Room: 421.
Program: This meeting, which will be
by teleconference, will review
applications for Humanities Initiatives
for Faculty, submitted to the Division of
Education Programs at the June 15, 2007
deadline.
3. Date: September 25, 2007.
Time: 9 a.m. to 5 p.m.
Room: 415.
Program: This meeting will review
applications for United States History
and Culture I in Preservation and
Access Humanities Collections and
Resources, submitted to the Division of
Preservation and Access, at the July 17,
2007 deadline.
4. Date: September 25, 2007.
Time: 2:30 p.m. to 5:30 p.m.
Room: 421.
Program: This meeting, which will be
by teleconference, will review
applications for Humanities Initiatives
for Faculty, submitted to the Division of
Education Programs at the June 15, 2007
deadline.
Heather C. Gottry,
Acting Advisory Committee Management
Officer.
[FR Doc. E7–17099 Filed 8–28–07; 8:45 am]
BILLING CODE 7536–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–324 and 50–325]
jlentini on PROD1PC65 with NOTICES
Carolina Power & Light Company;
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 Nos. DPR–
71 and DPR–62 issued to the Carolina
Power & Light Company (the licensee)
for operation of the Brunswick Steam
Electric Plant, Unit Nos. 1 and 2, located
in Brunswick County, North Carolina.
The proposed amendment would
change the Technical Specifications
related to the fuel design description
and the fuel criticality methods to
VerDate Aug<31>2005
16:04 Aug 28, 2007
Jkt 211001
accommodate the transition to AREVA
fuel.
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 change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The proposed amendments revise the fuel
bundle description contained in Technical
Specification 4.2.1, ‘‘Fuel Assemblies,’’ to
reflect both the existing fuel designs in use
and the new AREVA NP fuel design. The
change to the fuel assembly description
involves a minor revision to reflect that
AREVA fuel assemblies have a water
channel.
The proposed amendments also revise
Technical Specification 4.3, ‘‘Fuel Storage,’’
to remove criteria specific to GNF–A fuel
storage criticality methods. The criticality
analysis criteria being retained in Technical
Specifications 4.3.1.1 and 4.3.1.2 will
continue to ensure that adequate criticality
margins are maintained for new and spent
fuel storage.
These changes do not involve any plant
modifications or operational changes that
could affect system reliability, performance,
or possibility of an operator error. These
requested changes do not affect any
postulated accident precursors, do not affect
the performance of any accident mitigation
systems, and do not introduce any new
accident initiation mechanisms.
Based on the above, the proposed
amendments do not involve an increase in
the probability or consequences of an
accident previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
As previously stated, the proposed
amendments revise Technical Specification
fuel bundle description and fuel storage rack
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
criticality requirements to support receipt
and storage of a new fuel bundle
manufactured by a different vendor. Analytic
methods will continue to be used to
demonstrate the criticality acceptability of
fuel being stored in the new and spent fuel
storage racks. As such, the proposed
amendments do not create the possibility of
a new or different kind of accident from any
accident previously evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The proposed amendments incorporate an
administrative revision to the Technical
Specification fuel bundle description and
modify the fuel storage Technical
Specification requirements to remove
vendor-specific nomenclature for criticality
analysis criteria. Criticality analyses for new
and spent fuel storage will continue to ensure
compliance with fuel storage and criticality
criteria described in the Updated Final Safety
Analysis Report.
Therefore, the proposed amendments do
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 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.
E:\FR\FM\29AUN1.SGM
29AUN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Notices
Written comments may be submitted
by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division
of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D59, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the licensee
may file a request for a hearing with
respect to issuance of the amendment to
the subject facility operating license and
any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
for a hearing and a petition for leave to
intervene. Requests for a hearing and a
petition for leave to intervene shall be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings’’ in 10
CFR Part 2. Interested persons should
consult a current copy of 10 CFR 2.309,
which is available at the Commission’s
PDR, located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
VerDate Aug<31>2005
16:04 Aug 28, 2007
Jkt 211001
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
requestor’s/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
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
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
49743
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) 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)
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 David T. Conley, Associate
General Counsel II—Legal Department,
Progress Energy Service Company, LLC,
Post Office Box 1551, Raleigh, North
Carolina 27602, attorney for the
licensee.
For further details with respect to this
action, see the application for
amendment dated January 22, 2007,
which is available for public inspection
at the Commission’s PDR, located at
One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly
available records will be accessible from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
E:\FR\FM\29AUN1.SGM
29AUN1
49744
Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Notices
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 22nd
day of August 2007.
For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Senior Project Manager, Plant Licensing
Branch II–2, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E7–17135 Filed 8–28–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on the Medical
Uses of Isotopes: Meeting Notice
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of Meeting.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission will convene a
teleconference meeting of the Advisory
Committee on the Medical Uses of
Isotopes (ACMUI) on September 20,
2007. This meeting is a continuation of
the discussion of training and
experience implementation issues in the
medical community from the June 12,
2007 and August 16, 2007 ACMUI
meetings. The meeting will be a
discussion of various items related to
the training and experience criteria in
10 CFR part 35, which includes but is
not limited to: Preceptor availability and
recency of training requirements. A
copy of the agenda for the meeting can
be obtained at https://www.nrc.gov/
reading-rm/doc-collections/acmui/
agenda or by contacting Ms. Ashley M.
Tull at the contact information below.
DATES: The teleconference meeting will
be held on Thursday, September 20,
2007, from 1 p.m. to 3 p.m Eastern
Daylight Time.
Public Participation: Any member of
the public who wishes to participate in
the teleconference discussion should
contact Ms. Tull using the contact
information below.
FOR FURTHER INFORMATION CONTACT:
Ashley M. Tull, e-mail: amt1@nrc.gov,
telephone: (301) 415–5294 or (918) 488–
0552.
jlentini on PROD1PC65 with NOTICES
Conduct of the Meeting
Leon S. Malmud, M.D., will chair the
meeting. Dr. Malmud will conduct the
meeting in a manner that will facilitate
the orderly conduct of business. The
following procedures apply to public
participation in the meeting:
VerDate Aug<31>2005
16:04 Aug 28, 2007
Jkt 211001
1. Persons who wish to provide a
written statement should submit an
electronic copy to Ms. Tull at the
contact information listed above. All
submittals must be received by
September 17, 2007, and must pertain to
the topic on the agenda for the meeting.
2. Questions and comments from
members of the public will be permitted
during the meeting, at the discretion of
the Chairman.
3. The transcript and written
comments will be available for
inspection on NRC’s Web site
(www.nrc.gov) and at the NRC Public
Document Room, 11555 Rockville Pike,
Rockville, MD 20852–2738, telephone
(800) 397–4209, on or about December
20, 2007. Minutes of the meeting will be
available on or about October 20, 2007.
This meeting will be held in
accordance with the Atomic Energy Act
of 1954, as amended (primarily Section
161a); the Federal Advisory Committee
Act (5 U.S.C. App); and the
Commission’s regulations in Title 10,
U.S. Code of Federal Regulations, Part 7.
Dated: August 22, 2007.
Andrew L. Bates,
Advisory Committee Management Officer.
[FR Doc. E7–17091 Filed 8–28–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
Subcommittee on Digital
Instrumentation and Control Systems;
Notice of Meeting
The ACRS Subcommittee on Digital
Instrumentation and Control Systems
will hold a meeting on September 13,
2007, Room T–2B3, 11545 Rockville
Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Thursday, September 13, 2007—8:30
a.m. until the conclusion of business.
The Subcommittee will hold
discussions with representatives of the
NRC staff and the industry regarding
digital instrumentation and control
systems issues. The Subcommittee will
hear presentations by and hold
discussions with representatives of the
NRC staff, the industry, and other
interested persons regarding this matter.
The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the full Committee.
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official, Mr. Charles G. Hammer
(telephone 301/415–7363) five days
prior to the meeting, if possible, so that
appropriate arrangements can be made.
Electronic recordings will be permitted.
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Official between
6:45 a.m. and 3:30 p.m. (ET). Persons
planning to attend this meeting are
urged to contact the above named
individual at least two working days
prior to the meeting to be advised of any
potential changes to the agenda.
Dated: August 22, 2007.
Antonio F. Dias,
Acting Branch Chief, ACRS.
[FR Doc. E7–17136 Filed 8–28–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Nuclear Waste
and Materials; Meeting on Planning
and Procedures; Notice of Meeting
The Advisory Committee on Nuclear
Waste and Materials (ACNW&M) will
hold a Planning and Procedures meeting
on September 18, 2007, Room T–2B1,
11545 Rockville Pike, Rockville,
Maryland. The entire meeting will be
open to public attendance, with the
exception of a portion that may be
closed pursuant to 5 U.S.C. 552b(c)(2)
and (6) to discuss organizational and
personnel matters that relate solely to
internal personnel rules and practices of
ACNW&M, and information the release
of which would constitute a clearly
unwarranted invasion of personal
privacy.
The agenda for the subject meeting
shall be as follows:
Tuesday, September 18, 2007—8:30
a.m.–9:30 a.m.
The Committee will discuss proposed
ACNW&M activities and related matters.
The purpose of this meeting is to gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official, Dr. Antonio F. Dias
(Telephone: 301/415–6805) between
8:15 a.m. and 5 p.m. (ET) 5 days prior
to the meeting, if possible, so that
appropriate arrangements can be made.
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
E:\FR\FM\29AUN1.SGM
29AUN1
]]>Agencies
[Federal Register Volume 72, Number 167 (Wednesday, August 29, 2007)]
[Notices]
[Pages 49742-49744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17135]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-324 and 50-325]
Carolina Power & Light Company; 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 Nos.
DPR-71 and DPR-62 issued to the Carolina Power & Light Company (the
licensee) for operation of the Brunswick Steam Electric Plant, Unit
Nos. 1 and 2, located in Brunswick County, North Carolina.
The proposed amendment would change the Technical Specifications
related to the fuel design description and the fuel criticality methods
to accommodate the transition to AREVA fuel.
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 change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed amendments revise the fuel bundle description
contained in Technical Specification 4.2.1, ``Fuel Assemblies,'' to
reflect both the existing fuel designs in use and the new AREVA NP
fuel design. The change to the fuel assembly description involves a
minor revision to reflect that AREVA fuel assemblies have a water
channel.
The proposed amendments also revise Technical Specification 4.3,
``Fuel Storage,'' to remove criteria specific to GNF-A fuel storage
criticality methods. The criticality analysis criteria being
retained in Technical Specifications 4.3.1.1 and 4.3.1.2 will
continue to ensure that adequate criticality margins are maintained
for new and spent fuel storage.
These changes do not involve any plant modifications or
operational changes that could affect system reliability,
performance, or possibility of an operator error. These requested
changes do not affect any postulated accident precursors, do not
affect the performance of any accident mitigation systems, and do
not introduce any new accident initiation mechanisms.
Based on the above, the proposed amendments do not involve an
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
As previously stated, the proposed amendments revise Technical
Specification fuel bundle description and fuel storage rack
criticality requirements to support receipt and storage of a new
fuel bundle manufactured by a different vendor. Analytic methods
will continue to be used to demonstrate the criticality
acceptability of fuel being stored in the new and spent fuel storage
racks. As such, the proposed amendments do not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed amendments incorporate an administrative revision
to the Technical Specification fuel bundle description and modify
the fuel storage Technical Specification requirements to remove
vendor-specific nomenclature for criticality analysis criteria.
Criticality analyses for new and spent fuel storage will continue to
ensure compliance with fuel storage and criticality criteria
described in the Updated Final Safety Analysis Report.
Therefore, the proposed amendments do 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.
[[Page 49743]]
Written comments may be submitted by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Written comments may also
be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or copied for a fee, at the NRC's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any person
whose interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
for a hearing and a petition for leave to intervene. Requests for a
hearing and a petition for leave to intervene shall be filed in
accordance with the Commission's ``Rules of Practice for Domestic
Licensing Proceedings'' in 10 CFR Part 2. Interested persons should
consult a current copy of 10 CFR 2.309, which is available at the
Commission's PDR, located at One White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly
available records will be accessible from the Agencywide Documents
Access and Management System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-
collections/cfr/. If a request for a hearing or petition for leave to
intervene is filed by the above date, the Commission or a presiding
officer designated by the Commission or by the Chief Administrative
Judge of the Atomic Safety and Licensing Board Panel, will rule on the
request and/or petition; and the Secretary or the Chief Administrative
Judge of the Atomic Safety and Licensing Board will issue a notice of a
hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/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 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) 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) facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at (301) 415-1101, verification
number is (301) 415-1966. A copy of the request for hearing and
petition for leave to intervene should also be sent to the Office of
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and it is requested that copies be transmitted either by
means of facsimile transmission to 301-415-3725 or by e-mail to
OGCMailCenter@nrc.gov. A copy of the request for hearing and petition
for leave to intervene should also be sent to David T. Conley,
Associate General Counsel II--Legal Department, Progress Energy Service
Company, LLC, Post Office Box 1551, Raleigh, North Carolina 27602,
attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated January 22, 2007, which is available
for public inspection at the Commission's PDR, located at One White
Flint North, Public File Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly available records will be
accessible from the Agencywide Documents Access and Management System's
(ADAMS) Public Electronic Reading Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/adams.html. Persons who do not have
access to ADAMS or who encounter problems in accessing the documents
located in
[[Page 49744]]
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 22nd day of August 2007.
For the Nuclear Regulatory Commission.
Stewart N. Bailey,
Senior Project Manager, Plant Licensing Branch II-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-17135 Filed 8-28-07; 8:45 am]
BILLING CODE 7590-01-P
