FirstEnergy Nuclear Operating Company; Beaver Valley Power Station, Units 1 and 2; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Nos. DPR-66 and NPF-73 for an Additional 20-Year Period, 60916-60918 [E7-21086]
Download as PDF
60916
Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–334 and 50–412]
rmajette on PROD1PC64 with NOTICES
FirstEnergy Nuclear Operating
Company; Beaver Valley Power
Station, Units 1 and 2; Notice of
Acceptance for Docketing of the
Application and Notice of Opportunity
for Hearing Regarding Renewal of
Facility Operating License Nos. DPR–
66 and NPF–73 for an Additional 20Year Period
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering an application for the
renewal of Operating License Nos. DPR–
66 and NPF–73, which authorize
FirstEnergy Nuclear Operating Company
(FENOC), to operate Beaver Valley
Power Station, Units 1 and 2,
respectively, at 2900 megawatts thermal
for each unit. The renewed licenses
would authorize the applicant to
operate Beaver Valley Power Station,
Units 1 and 2, for an additional 20 years
beyond the period specified in the
current licenses. The current operating
licenses for Beaver Valley Power
Station, Units 1 and 2, expire on January
29, 2016, and May 27, 2026,
respectively.
FENOC submitted the application
dated August 27, 2007, pursuant to Title
10 of the Code of Federal Regulations
CFR part 54 (10 CFR part 54), to renew
Operating License Nos. DPR–66 and
NPF–73 for Beaver Valley Power
Station, Units 1 and 2, respectively. A
Notice of Receipt and Availability of the
license renewal application (LRA) was
published in the Federal Register on
September 24, 2007 (72 FR 54301).
The Commission’s staff has
determined that FENOC has submitted
sufficient information in accordance
with 10 CFR 54.19, 54.21, 54.22, 54.23,
51.45, and 51.53(c) to enable the staff to
undertake a review of the application,
and the application is therefore
acceptable for docketing. The current
Docket Nos. 50–334 and 50–412 for
Operating License Nos. DPR–66 and
NPF–73, respectively, will be retained.
The determination to accept the license
renewal application for docketing does
not constitute a determination that a
renewed license should be issued, and
does not preclude the NRC staff from
requesting additional information as the
review proceeds.
Before issuance of each requested
renewed license, the NRC will have
made the findings required by the
Atomic Energy Act of 1954 (the Act), as
amended, and the Commission’s rules
and regulations. In accordance with 10
CFR 54.29, the NRC may issue a
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renewed license on the basis of its
review if it finds that actions have been
identified and have been or will be
taken with respect to: (1) Managing the
effects of aging during the period of
extended operation on the functionality
of structures and components that have
been identified as requiring aging
management review; and (2) timelimited aging analyses that have been
identified as requiring review, such that
there is reasonable assurance that the
activities authorized by the renewed
license will continue to be conducted in
accordance with the current licensing
basis (CLB), and that any changes made
to the plant’s CLB comply with the Act
and the Commission’s regulations.
Additionally, in accordance with 10
CFR 51.95(c), the NRC will prepare an
environmental impact statement that is
a supplement to the Commission’s
NUREG–1437, ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Power Plants,’’ dated May
1996. In considering the LRA, the
Commission must find that the
applicable requirements of Subpart A of
10 CFR part 51 have been satisfied.
Pursuant to 10 CFR 51.26, and as part
of the environmental scoping process,
the staff intends to hold a public
scoping meeting. Detailed information
regarding the environmental scoping
meeting will be the subject of a separate
Federal Register notice.
Within 60 days after the date of
publication of this Federal Register
Notice, 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 or a petition for leave to
intervene with respect to the renewal of
the license. Requests for a hearing or
petitions for leave to intervene must 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
Public Document Room (PDR), located
at One White Flint North, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852 and is accessible from
the NRC’s Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the Internet at 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’s PDR
reference staff by telephone at 1–800–
397–4209 or 301–415–4737, or by e-mail
at pdr@nrc.gov. If a request for a
hearing/petition for leave to intervene is
PO 00000
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filed within the 60-day period, 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 Panel will
issue a notice of a hearing or an
appropriate order. In the event that no
request for a hearing or petition for
leave to intervene is filed within the 60day period, the NRC may, upon
completion of its evaluations and upon
making the findings required under 10
CFR parts 51 and 54, renew the license
without further notice.
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, taking into
consideration the limited scope of
matters that may be considered
pursuant to 10 CFR parts 51 and 54. The
petition must specifically explain the
reasons why intervention should be
permitted with particular reference to
the following factors: (1) The nature of
the requestor’s/petitioner’s right under
the Act to be made a party to the
proceeding; (2) the nature and extent of
the requestor’s/petitioner’s property,
financial, or other interest in the
proceeding; and (3) 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 set forth the specific
contentions which the petitioner/
requestor seeks to have litigated in 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 requestor/petitioner shall
provide a brief explanation of the bases
of each contention and a concise
statement of the alleged facts or the
expert opinion that supports the
contention on which the requestor/
petitioner intends to rely in proving the
contention at the hearing. The
requestor/petitioner must also provide
references to those specific sources and
documents of which the requestor/
petitioner is aware and on which the
requestor/petitioner intends to rely to
establish those facts or expert opinion.
The requestor/petitioner must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact.1 Contentions shall be limited to
1 To the extent that the application contains
attachments and supporting documents that are not
E:\FR\FM\26OCN1.SGM
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rmajette on PROD1PC64 with NOTICES
Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Notices
matters within the scope of the action
under consideration. The contention
must be one that, if proven, would
entitle the requestor/petitioner to relief.
A requestor/petitioner who fails to
satisfy these requirements with respect
to at least one contention will not be
permitted to participate as a party.
The Commission requests that each
contention be given a separate numeric
or alpha designation within one of the
following groups: (1) Technical
(primarily related to safety concerns);
(2) environmental; or (3) miscellaneous.
As specified in 10 CFR 2.309, if two
or more requestors/petitioners seek to
co-sponsor a contention or propose
substantially the same contention, the
requestors/petitioners will be required
to jointly designate a representative who
shall have the authority to act for the
requestors/petitioners with respect to
that contention.
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. A request for hearing or a
petition for leave to intervene must be
filed in accordance with the NRC EFiling rule, which the NRC promulgated
in August 2007, 72 FR 49, 139 (August
28, 2007). The E-filing process requires
participants to submit and serve
documents over the internet or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek a waiver in accordance
with the procedures described below.
To comply with the procedural
requirements of E-Filing, at least five (5)
days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request: (1) A
digital ID certificate, which allows the
participant (or the counsel or
representative) to digital sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
requestor/petitioner (or it’s council or
representative) already holds an NRCissued digital ID certificate). Each
requestor/petitioner will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
publicly available because they are asserted to
contain safeguards or proprietary information,
petitioners desiring access to this information
should contact the applicant or applicant’s counsel
to discuss the need for a protective order.
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15:23 Oct 25, 2007
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Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a requestor/petitioner has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representatives) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted 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 Adjudication Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
PO 00000
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Fmt 4703
Sfmt 4703
60917
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail or expedited
delivery service upon depositing the
document with the provider of the
service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
Panel that the petition and/or request
should be granted and/or the
contentions should be admitted based
on a balancing of the factors specified in
10 CFR 2.309(c)(1)(i)–(viii). To be
timely, filings must be submitted no
later than 11:59 p.m. Eastern Time on
the due date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board Panel, or a Presiding
Officer. Participants are requested not to
include personal privacy information,
such as social security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, participants are requested
not to include copyrighted materials in
their submission.
Detailed information about the license
renewal process can be found under the
Nuclear Reactors icon at https://
www.nrc.gov/reactors/operating/
licensing/renewal.html on the NRC’s
Web site. Copies of the application to
renew the operating licenses for Beaver
Valley Power Station, Units 1 and 2, are
available for public inspection at the
Commission’s PDR, located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852–
2738, and at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html, the NRC’s Web site
while the application is under review.
The application may be accessed in
ADAMS through the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html under ADAMS Accession
Number ML072430913. As stated above,
persons who do not have access to
ADAMS or who encounter problems in
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Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Notices
accessing the documents located in
ADAMS may 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.
The NRC staff has verified that a copy
of the LRA is also available to local
residents near Beaver Valley Power
Station, Units 1 and 2, at the Beaver
Area Memorial Library, 100 College
Avenue, Beaver, Pennsylvania 15009,
and the Beaver County Library System,
1 Campus Drive, Monaca, Pennsylvania
15061.
Dated at Rockville, Maryland, this 22nd
day of October, 2007.
For the Nuclear Regulatory Commission.
Louise Lund,
Acting Director, Division of License Renewal,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–21086 Filed 10–25–07; 8:45 am]
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on September 26, 2007 (72 FR 54695).
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Officer 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: October 23, 2007.
Cayetano Santos,
Chief, Reactor Safety Branch.
[FR Doc. 07–5335 Filed 10–24–07; 10:24 am]
BILLING CODE 7590–01–P
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB
Review, Request for Comments
rmajette on PROD1PC64 with NOTICES
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ESBWR Subcommittee; Notice of
Meeting
The ACRS Subcommittee on ESBWR
will hold a meeting on November 15,
2007, Room T–2B3, 11545 Rockville
Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance, with the exception of
a portion that may be closed to discuss
unclassified safeguards and proprietary
information pursuant to 5 U.S.C.
552b(c)(3) and (4).
The agenda for the subject meeting
shall be as follows:
Thursday, November 15, 2007—8:30
a.m. until the conclusion of business.
The Subcommittee will review and
discuss the Draft Safety Evaluation with
Open Items for several chapters of the
ESBWR Design Certification and make a
recommendation to the full Committee.
The Subcommittee will hear
presentations by and hold discussions
with representatives of the NRC staff,
GE-Hitachi Nuclear Energy Americas
LLC, 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.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Officer, Mr. Charles G. Hammer
(telephone 301/415–7363) five days
prior to the meeting, if possible, so that
appropriate arrangements can be made.
VerDate Aug<31>2005
15:23 Oct 25, 2007
Jkt 214001
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Railroad
Retirement Board (RRB) is forwarding
an Information Collection Request (ICR)
to the Office of Information and
Regulatory Affairs (OIRA), Office of
Management and Budget (OMB) to
request a revision to a currently
approved collection of information:
3220–0022, Application and Claim for
Unemployment Benefits and
Employment Service consisting of
Form(s) UI–1 and UI–1 (Internet),
Application for Unemployment Benefits
and Employment Service, and UI–3 and
UI–3 (Internet), Claim for
Unemployment Benefits. Our ICR
describes the information we seek to
collect from the public. Review and
approval by OIRA ensures that we
impose appropriate paperwork burdens.
The RRB invites comments on the
proposed collection of information to
determine (1) the practical utility of the
collection; (2) the accuracy of the
estimated burden of the collection; (3)
ways to enhance the quality, utility and
clarity of the information that is the
subject of collection; and (4) ways to
minimize the burden of collections on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments to RRB or OIRA must contain
the OMB control number of the ICR. For
proper consideration of your comments,
it is best if RRB and OIRA receive them
within 30 days of publication date.
PO 00000
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Sfmt 4703
Section 2 of the Railroad
Unemployment Insurance Act (RUIA),
provides unemployment benefits for
qualified railroad employees. These
benefits are generally payable for each
day of unemployment in excess of four
during a registration period (normally a
period of 14 days).
Section 12 of the RUIA provides that
the RRB establish, maintain and operate
free employment facilities directed
toward the reemployment of railroad
employees. The procedures for applying
for the unemployment benefits and
employment service and for registering
and claiming the benefits are prescribed
in 20 CFR part 325.
Form UI–1 (or its Internet equivalent,
Form UI–1 (Internet)), Application for
Unemployment Benefits and
Employment Service, is completed by a
claimant for unemployment benefits
once in a benefit year, at the time of first
registration. Completion of Form UI–1
or UI–1 (Internet) also registers an
unemployment claimant for the RRB’s
employment service. The RRB also
utilizes Form UI–3, (or its Internet
equivalent Form UI–3 (Internet)) Claim
for Unemployment Benefits for use in
claiming unemployment benefits for
days of unemployment in a particular
registration period, normally a period of
14 days.
Completion of Forms UI–1, UI–
1(Internet), UI–3 and UI–3 (Internet) is
required to obtain or retain benefits. The
number of responses required of each
claimant varies, depending on their
period of unemployment.
Previous Requests for Comments: The
RRB has already published the initial
60-day notice (72 FR 47085–86 on
August 22, 2007) required by 44 U.S.C.
3506(c)(2). That request elicited no
comments.
Information Collection Request (ICR)
Title: Application and Claim for
Unemployment Benefits and
Employment Service.
OMB Control Number: 3220–0022.
Form(s) submitted: UI–1, UI–1
(Internet), UI–3, UI–3 (Internet).
Type of request: Revision of a
currently approved collection.
Affected public: Individuals or
households.
Abstract: Under Section 2 of the
Railroad Unemployment Insurance Act,
unemployment benefits are provided for
qualified railroad employees. The
collection obtains the information
needed for determining the eligibility to
and amount of such benefits from
railroad employees.
Changes Proposed: The RRB proposes
no changes to Form(s) UI–1, UI–1
(Internet), UI–3, and UI–3 (Internet).
E:\FR\FM\26OCN1.SGM
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Agencies
[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Notices]
[Pages 60916-60918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21086]
[[Page 60916]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-334 and 50-412]
FirstEnergy Nuclear Operating Company; Beaver Valley Power
Station, Units 1 and 2; Notice of Acceptance for Docketing of the
Application and Notice of Opportunity for Hearing Regarding Renewal of
Facility Operating License Nos. DPR-66 and NPF-73 for an Additional 20-
Year Period
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of Operating License Nos.
DPR-66 and NPF-73, which authorize FirstEnergy Nuclear Operating
Company (FENOC), to operate Beaver Valley Power Station, Units 1 and 2,
respectively, at 2900 megawatts thermal for each unit. The renewed
licenses would authorize the applicant to operate Beaver Valley Power
Station, Units 1 and 2, for an additional 20 years beyond the period
specified in the current licenses. The current operating licenses for
Beaver Valley Power Station, Units 1 and 2, expire on January 29, 2016,
and May 27, 2026, respectively.
FENOC submitted the application dated August 27, 2007, pursuant to
Title 10 of the Code of Federal Regulations CFR part 54 (10 CFR part
54), to renew Operating License Nos. DPR-66 and NPF-73 for Beaver
Valley Power Station, Units 1 and 2, respectively. A Notice of Receipt
and Availability of the license renewal application (LRA) was published
in the Federal Register on September 24, 2007 (72 FR 54301).
The Commission's staff has determined that FENOC has submitted
sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22,
54.23, 51.45, and 51.53(c) to enable the staff to undertake a review of
the application, and the application is therefore acceptable for
docketing. The current Docket Nos. 50-334 and 50-412 for Operating
License Nos. DPR-66 and NPF-73, respectively, will be retained. The
determination to accept the license renewal application for docketing
does not constitute a determination that a renewed license should be
issued, and does not preclude the NRC staff from requesting additional
information as the review proceeds.
Before issuance of each requested renewed license, the NRC will
have made the findings required by the Atomic Energy Act of 1954 (the
Act), as amended, and the Commission's rules and regulations. In
accordance with 10 CFR 54.29, the NRC may issue a renewed license on
the basis of its review if it finds that actions have been identified
and have been or will be taken with respect to: (1) Managing the
effects of aging during the period of extended operation on the
functionality of structures and components that have been identified as
requiring aging management review; and (2) time-limited aging analyses
that have been identified as requiring review, such that there is
reasonable assurance that the activities authorized by the renewed
license will continue to be conducted in accordance with the current
licensing basis (CLB), and that any changes made to the plant's CLB
comply with the Act and the Commission's regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will
prepare an environmental impact statement that is a supplement to the
Commission's NUREG-1437, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Power Plants,'' dated May 1996. In
considering the LRA, the Commission must find that the applicable
requirements of Subpart A of 10 CFR part 51 have been satisfied.
Pursuant to 10 CFR 51.26, and as part of the environmental scoping
process, the staff intends to hold a public scoping meeting. Detailed
information regarding the environmental scoping meeting will be the
subject of a separate Federal Register notice.
Within 60 days after the date of publication of this Federal
Register Notice, 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 or a petition for leave to
intervene with respect to the renewal of the license. Requests for a
hearing or petitions for leave to intervene must 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
Public Document Room (PDR), located at One White Flint North, 11555
Rockville Pike (first floor), Rockville, Maryland 20852 and is
accessible from the NRC's Agencywide Documents Access and Management
System (ADAMS) Public Electronic Reading Room on the Internet at http:/
/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's PDR reference staff by telephone at 1-
800-397-4209 or 301-415-4737, or by e-mail at pdr@nrc.gov. If a request
for a hearing/petition for leave to intervene is filed within the 60-
day period, 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 Panel will issue a notice of a hearing or an
appropriate order. In the event that no request for a hearing or
petition for leave to intervene is filed within the 60-day period, the
NRC may, upon completion of its evaluations and upon making the
findings required under 10 CFR parts 51 and 54, renew the license
without further notice.
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, taking into consideration the limited scope of matters
that may be considered pursuant to 10 CFR parts 51 and 54. The petition
must specifically explain the reasons why intervention should be
permitted with particular reference to the following factors: (1) The
nature of the requestor's/petitioner's right under the Act to be made a
party to the proceeding; (2) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding;
and (3) 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 set forth the specific contentions which the
petitioner/requestor seeks to have litigated in 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
requestor/petitioner shall provide a brief explanation of the bases of
each contention and a concise statement of the alleged facts or the
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the requestor/petitioner is aware and on
which the requestor/petitioner intends to rely to establish those facts
or expert opinion. The requestor/petitioner must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact.\1\ Contentions shall be limited to
[[Page 60917]]
matters within the scope of the action under consideration. The
contention must be one that, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
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\1\ To the extent that the application contains attachments and
supporting documents that are not publicly available because they
are asserted to contain safeguards or proprietary information,
petitioners desiring access to this information should contact the
applicant or applicant's counsel to discuss the need for a
protective order.
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The Commission requests that each contention be given a separate
numeric or alpha designation within one of the following groups: (1)
Technical (primarily related to safety concerns); (2) environmental; or
(3) miscellaneous.
As specified in 10 CFR 2.309, if two or more requestors/petitioners
seek to co-sponsor a contention or propose substantially the same
contention, the requestors/petitioners will be required to jointly
designate a representative who shall have the authority to act for the
requestors/petitioners with respect to that contention.
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. A request for hearing or a petition for leave to intervene
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated in August 2007, 72 FR 49, 139 (August 28, 2007). The E-
filing process requires participants to submit and serve documents over
the internet or in some cases to mail copies on electronic storage
media. Participants may not submit paper copies of their filings unless
they seek a waiver in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request: (1) A
digital ID certificate, which allows the participant (or the counsel or
representative) to digital sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the requestor/petitioner (or it's council or representative)
already holds an NRC-issued digital ID certificate). Each requestor/
petitioner will need to download the Workplace Forms
ViewerTM to access the Electronic Information Exchange
(EIE), a component of the E-Filing system. The Workplace Forms
ViewerTM is free and is available at https://www.nrc.gov/
site-help/e-submittals/install-viewer.html. Information about applying
for a digital ID certificate is available on NRC's public Web site at
https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a requestor/petitioner has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/
site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representatives) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted 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
Adjudication Staff; or (2) courier, express mail, or expedited delivery
service to the Office of the Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike, Maryland 20852, Attention:
Rulemaking and Adjudications Staff. Participants filing a document in
this manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board Panel that the
petition and/or request should be granted and/or the contentions should
be admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board
Panel, or a Presiding Officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings. With respect to
copyrighted works, except for limited excerpts that serve the purpose
of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Detailed information about the license renewal process can be found
under the Nuclear Reactors icon at https://www.nrc.gov/reactors/
operating/licensing/renewal.html on the NRC's Web site. Copies of the
application to renew the operating licenses for Beaver Valley Power
Station, Units 1 and 2, are available for public inspection at the
Commission's PDR, located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland 20852-2738, and at https://
www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the
NRC's Web site while the application is under review. The application
may be accessed in ADAMS through the NRC's Public Electronic Reading
Room on the Internet at https://www.nrc.gov/reading-rm/adams.html under
ADAMS Accession Number ML072430913. As stated above, persons who do not
have access to ADAMS or who encounter problems in
[[Page 60918]]
accessing the documents located in ADAMS may 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.
The NRC staff has verified that a copy of the LRA is also available
to local residents near Beaver Valley Power Station, Units 1 and 2, at
the Beaver Area Memorial Library, 100 College Avenue, Beaver,
Pennsylvania 15009, and the Beaver County Library System, 1 Campus
Drive, Monaca, Pennsylvania 15061.
Dated at Rockville, Maryland, this 22nd day of October, 2007.
For the Nuclear Regulatory Commission.
Louise Lund,
Acting Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. E7-21086 Filed 10-25-07; 8:45 am]
BILLING CODE 7590-01-P