Tennessee Valley Authority; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 54691-54693 [E7-19008]
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Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices
Estimated No. of Respondents/
Recordkeepers: 5,732.
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Frequency of Response:
Recordkeeping. Reporting. On Occasion.
Quarterly.
Estimated Total Annual Burden
Hours: 264,529 hours.
Estimated Total Annual Cost: None.
By the National Credit Union
Administration Board September 20, 2007.
Mary Rupp,
Secretary of the Board.
[FR Doc. E7–18999 Filed 9–25–07; 8:45 am]
BILLING CODE 7535–01–P
By the National Credit Union
Administration Board on September 20,
2007.
Mary Rupp,
Secretary of the Board.
[FR Doc. E7–19001 Filed 9–25–07; 8:45 am]
NATIONAL CREDIT UNION
ADMINISTRATION
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Extension of a Currently Approved
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BILLING CODE 7535–01–P
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ACTION: Request for comment.
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This information collection is published
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DATES: Comments will be accepted until
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SUMMARY:
mstockstill on PROD1PC66 with NOTICES
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Requests for additional information or a
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SUPPLEMENTARY INFORMATION: Proposal
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Type of Review: Extension of a
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VerDate Aug<31>2005
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FCU makes payments to its director
within the guidelines that the FCU has
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[Docket No. 50–328]
Tennessee Valley Authority; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License No. 50–
328, issued to the Tennessee Valley
Authority (TVA, the licensee), for
operation of the Sequoyah Nuclear
Plant, Unit No. 2, located in Hamilton
County, Tennessee.
The proposed amendment would
incorporate a one-time change to
technical specification Limiting
Condition for Operation 3.6.1.9 to allow
an increase to the annual limit for
operation of the containment ventilation
system with purge isolation valves open
from 1000 hours to 1400 hours during
calendar year 2007.
The licensee has been experiencing an
accumulation of gaseous formaldehyde
in the containment atmosphere, which
has necessitated more than normal
purging in order to provide protection
for personnel entering the containment
to perform maintenance or surveillance
activities during operation. This
increase in gaseous formaldehyde began
during 2007. The licensee has installed
High-Efficiency Particulate Air and
charcoal filters in the upper
containment, which has been effective
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54691
in reducing the overall concentration of
formaldehyde, but additional purging is
still necessary to allow required
containment entries. The licensee has
identified three potential sources of the
formaldehyde, but positive
identification and corrective action
cannot be completed with the plant in
operation. The limit on purge hours has
been in effect since 1982 and typically
has not been exceeded. However, based
on the current need for purging, the
licensee projects that the 1000-hour
limit will be exceeded around October
15, 2007. Approval of the increase in
containment purge hours will avoid an
unnecessary unit shutdown and allow
the licensee to perform detailed leak
identification and corrective action in
the spring 2008 refueling outage. Based
on the preceding discussion, the
Commission concludes that exigent
circumstances exist.
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.
Pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) 50.91(a)(6)
for amendments to be granted under
exigent circumstances, the NRC staff
must determine that the amendment
request involves no significant hazards
consideration. Under the Commission’s
regulations in 10 CFR 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. The proposed amendment does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
TVA’s proposed change is not considered
to be a significant departure from the current
requirements. The containment purge and
ventilation system is qualified and designed
to isolate in the event of a design basis
accident. The probability of occurrence of an
accident is not increased as the increase in
purge/ventilation system operation does not
affect the system’s capability for purge valve
closure or containment isolation. The
increase in system operation for the
remainder of calendar year 2007 would
continue to be governed by the limits of 10
CFR 20. In addition, purge system isolation
capability remains unchanged. Consequently,
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Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices
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the 10 CFR 100 limits for site boundary dose
would not be exceeded in the event of an
accident during containment purge
operation. Therefore, the proposed
amendment does not involve a significant
increase in the probability or consequences
of an accident previously evaluated.
2. The proposed amendment does not
create the possibility of a new or different
kind of accident from any accident
previously evaluated.
The possibility for a new or different kind
of accident from any accident previously
evaluated does not exist as a result of the
proposed increase in purge/ventilation
system operation time. The system design
remains unchanged for performing isolation
of containment for accident mitigation and
does not create the possibility of a new or
different kind of accident from any accident
previously evaluated.
3. The proposed amendment does not
involve a significant reduction in a margin of
safety.
The proposed increase in purge system
operation is an increase that does not affect
existing safety margins. Additional purge
operation time will also continue to comply
with effluent release limits in 10 CFR 20. In
addition, the proposed change does not
increase the risk for an accident because no
physical changes to the plant are being made
and design features associated with purge
system isolation remain unchanged.
Accordingly, TVA concludes that the margin
of safety has not been reduced.
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 14 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 the 14-day notice period.
However, should circumstances change
during the notice period, such that
failure to act in a timely way would
result, for example, in derating or
shutdown of the facility, the
Commission may issue the license
amendment before the expiration of the
14-day notice period, provided that its
final determination is that the
amendment involves no significant
hazards consideration. The final
determination will consider all public
and State comments received. Should
the Commission take this action, it will
publish in the Federal Register a notice
of issuance. The Commission expects
that the need to take this action will
occur very infrequently.
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Jkt 211001
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, 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 and
Issuance of Orders’’ 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
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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/requestor is aware and on
which the petitioner/requestor intends
to rely to establish those facts or expert
opinion. The petitioner/requestor must
provide 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/
requestor 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
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Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices
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 General Counsel, Tennessee
Valley Authority, 400 West Summit Hill
Drive, ET 11A, Knoxville, Tennessee
37902, attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated September 17, 2007,
which is available for public inspection
at the Commission’s Public Document
Room (PDR), located at One White Flint
North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site https://www.nrc.gov/
reading-rm.html. Persons who do not
have access to ADAMS or who
encounter problems in accessing the
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17:57 Sep 25, 2007
Jkt 211001
documents located in ADAMS should
contact the NRC PDR Reference staff by
telephone at 1 (800) 397–4209 or (301)
415–4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 20th day
of September 2007.
For the Nuclear Regulatory Commission.
Brendan T. Moroney,
Project Manager, Plant Licensing Branch II–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–19008 Filed 9–25–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Nuclear Waste
and Materials (ACNW&M); Procedures
for Meetings
Background
This notice describes procedures to be
followed with respect to meetings
conducted pursuant to the Federal
Advisory Committee Act (FACA) by the
U.S. Nuclear Regulatory Commission’s
(NRC’s) Advisory Committee on Nuclear
Waste and Materials (ACNW&M). These
procedures are set forth so that they may
be incorporated by reference in future
notices for individual meetings.
The ACNW&M meetings are
conducted in accordance with FACA.
The ACNW&M advises the NRC on
technical issues related to nuclear
materials and waste management. The
bases of ACNW&M reviews include 10
CFR Parts 20, 60, 61, 63, 70, 71, and 72
and other applicable regulations and
legislative mandates, such as the
Nuclear Waste Policy Act as amended,
the Low-Level Radioactive Waste Policy
Act as amended, and the Uranium Mill
Tailings Radiation Control Act as
amended. The Committee’s reports
become a part of the public record.
The ACNW&M meetings are normally
open to the public and provide
opportunities for oral or written
statements from members of the public
to be considered as part of the
Committee’s information gathering
process. The meetings are not
adjudicatory hearings such as those
conducted by the NRC’s Atomic Safety
and Licensing Board Panel as part of the
Commission’s licensing process.
ACNW&M meetings are conducted in
accordance with the FACA.
General Rules Regarding ACNW&M
Meetings
An agenda is published in the Federal
Register for each Full Committee
meeting and is available on the Internet
at https://www.nrc.gov/ACRSACNW.
There may be a need to make
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54693
adjustments to the agenda to facilitate
the conduct of the meeting. The
Chairman of the Committee is
empowered to make such adjustments
to conduct the meeting in a manner that,
in his judgment, will facilitate the
orderly conduct of business, including
making provisions to continue the
discussion of matters not completed on
the scheduled day on another day of the
same meeting. Persons planning to
attend a meeting may contact the
Designated Federal Officer (DFO)
specified in the Federal Register Notice
prior to the meeting to be advised of any
changes to the agenda that may have
occurred.
The following requirements shall
apply to public participation in
ACNW&M meetings:
(a) Persons who plan to submit
written comments at the meeting should
provide 35 copies to the DFO at the
beginning of the meeting. Persons who
cannot attend the meeting, but wish to
submit written comments regarding the
agenda items may do so by sending a
readily reproducible copy addressed to
the DFO specified in the Federal
Register Notice, care of the Advisory
Committee on Nuclear Waste and
Materials, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001. Comments should be in the
possession of the DFO prior to the
meeting to allow time for reproduction
and distribution. Comments should be
limited to topics being considered by
the Committee.
(b) Persons desiring to make oral
statements at the meeting should make
a request to do so to the DFO; if
possible, the request should be made 5
days before the meeting, identifying the
topic(s) to be discussed and the amount
of time needed for presentation so that
orderly arrangements can be made. The
Committee will hear oral statements on
topics being reviewed at an appropriate
time during the meeting as scheduled by
the Chairman.
(c) Information regarding topics to be
discussed, changes to the agenda,
whether the meeting has been canceled
or rescheduled, and the time allotted to
present oral statements can be obtained
by contacting the DFO.
(d) The use of still, motion picture,
and television cameras may be limited
to selected portions of the meeting as
determined by the Chairman and subject
to the condition that the use of such
equipment will not interfere with the
conduct of the meeting. The DFO will
have to be notified prior to the meeting
and will authorize the installation or
use of such equipment after
consultation with the Chairman. The
use of such equipment will be restricted
E:\FR\FM\26SEN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Notices]
[Pages 54691-54693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19008]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-328]
Tennessee Valley Authority; Notice of Consideration of Issuance
of Amendment to Facility Operating License, Proposed No Significant
Hazards Consideration Determination, and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
50-328, issued to the Tennessee Valley Authority (TVA, the licensee),
for operation of the Sequoyah Nuclear Plant, Unit No. 2, located in
Hamilton County, Tennessee.
The proposed amendment would incorporate a one-time change to
technical specification Limiting Condition for Operation 3.6.1.9 to
allow an increase to the annual limit for operation of the containment
ventilation system with purge isolation valves open from 1000 hours to
1400 hours during calendar year 2007.
The licensee has been experiencing an accumulation of gaseous
formaldehyde in the containment atmosphere, which has necessitated more
than normal purging in order to provide protection for personnel
entering the containment to perform maintenance or surveillance
activities during operation. This increase in gaseous formaldehyde
began during 2007. The licensee has installed High-Efficiency
Particulate Air and charcoal filters in the upper containment, which
has been effective in reducing the overall concentration of
formaldehyde, but additional purging is still necessary to allow
required containment entries. The licensee has identified three
potential sources of the formaldehyde, but positive identification and
corrective action cannot be completed with the plant in operation. The
limit on purge hours has been in effect since 1982 and typically has
not been exceeded. However, based on the current need for purging, the
licensee projects that the 1000-hour limit will be exceeded around
October 15, 2007. Approval of the increase in containment purge hours
will avoid an unnecessary unit shutdown and allow the licensee to
perform detailed leak identification and corrective action in the
spring 2008 refueling outage. Based on the preceding discussion, the
Commission concludes that exigent circumstances exist.
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.
Pursuant to Title 10 of the Code of Federal Regulations (10 CFR)
50.91(a)(6) for amendments to be granted under exigent circumstances,
the NRC staff must determine that the amendment request involves no
significant hazards consideration. Under the Commission's regulations
in 10 CFR 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. The proposed amendment does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
TVA's proposed change is not considered to be a significant
departure from the current requirements. The containment purge and
ventilation system is qualified and designed to isolate in the event
of a design basis accident. The probability of occurrence of an
accident is not increased as the increase in purge/ventilation
system operation does not affect the system's capability for purge
valve closure or containment isolation. The increase in system
operation for the remainder of calendar year 2007 would continue to
be governed by the limits of 10 CFR 20. In addition, purge system
isolation capability remains unchanged. Consequently,
[[Page 54692]]
the 10 CFR 100 limits for site boundary dose would not be exceeded
in the event of an accident during containment purge operation.
Therefore, the proposed amendment does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. The proposed amendment does not create the possibility of a
new or different kind of accident from any accident previously
evaluated.
The possibility for a new or different kind of accident from any
accident previously evaluated does not exist as a result of the
proposed increase in purge/ventilation system operation time. The
system design remains unchanged for performing isolation of
containment for accident mitigation and does not create the
possibility of a new or different kind of accident from any accident
previously evaluated.
3. The proposed amendment does not involve a significant
reduction in a margin of safety.
The proposed increase in purge system operation is an increase
that does not affect existing safety margins. Additional purge
operation time will also continue to comply with effluent release
limits in 10 CFR 20. In addition, the proposed change does not
increase the risk for an accident because no physical changes to the
plant are being made and design features associated with purge
system isolation remain unchanged. Accordingly, TVA concludes that
the margin of safety has not been reduced.
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 14 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 the 14-day notice period. However, should circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 14-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of 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, 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 and Issuance of Orders'' 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/requestor is aware and on
which the petitioner/requestor intends to rely to establish those facts
or expert opinion. The petitioner/requestor must provide 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/
requestor 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
[[Page 54693]]
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 General Counsel,
Tennessee Valley Authority, 400 West Summit Hill Drive, ET 11A,
Knoxville, Tennessee 37902, attorney for the licensee.
For further details with respect to this action, see the
application for amendment dated September 17, 2007, which is available
for public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible electronically from the Agencywide Documents
Access and Management System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site https://www.nrc.gov/reading-rm.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 or (301) 415-4737, or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 20th day of September 2007.
For the Nuclear Regulatory Commission.
Brendan T. Moroney,
Project Manager, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-19008 Filed 9-25-07; 8:45 am]
BILLING CODE 7590-01-P
