Southern Nuclear Operating Company; Supplementary Notice of Hearing and Opportunity To Petition for Leave To Intervene on an Early Site Permit for the VOGTLE ESP Site, 64686-64687 [E7-22413]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64686-64687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22413]



[[Page 64686]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-011]


Southern Nuclear Operating Company; Supplementary Notice of 
Hearing and Opportunity To Petition for Leave To Intervene on an Early 
Site Permit for the VOGTLE ESP Site

    This proceeding concerns the application dated August 14, 2006, 
filed by Southern Nuclear Operating Company (SNC, the Applicant), 
pursuant to subpart A of 10 CFR part 52 for an early site permit (ESP). 
The ESP application seeks approval for use of the existing Vogtle 
Electric Generating Plant site near Waynesboro, Georgia, for the 
possible construction of two new nuclear reactors. On October 12, 2006, 
a notice of hearing and opportunity for leave to intervene was 
published by the United States Nuclear Regulatory Commission (NRC, the 
Commission) in the Federal Register (71 FR 60195) in this proceeding. 
That notice specified that the Director, Office of Nuclear Regulator 
Regulation, NRC, will propose findings on issues pursuant to the Atomic 
Energy Act of 1954, as Amended, and the National Environmental Policy 
Act of 1969, as Amended (NEPA). The notice also specified the scope of 
the hearing to be conducted by the designated Atomic Safety and 
Licensing Board (Board) and provided an opportunity for persons whose 
interests may be affected by the proceeding to petition for leave to 
intervene.
    In response to the notice of hearing and opportunity to petition 
for leave to intervene, on December 11, 2006, the Center for a 
Sustainable Coast, Savannah Riverkeeper, Southern Alliance for Clean 
Energy, Atlanta Women's Action for New Directions, and Blue Ridge 
Environmental Defense League (collectively the Joint Petitioners) filed 
a timely request for hearing and petition to intervene contesting the 
SNC ESP application. On December 13, 2006, the Commission referred the 
petition to the Atomic Safety and Licensing Board Panel to conduct any 
subsequent adjudication. On December 15, 2006, the Chief of the Atomic 
Safety and Licensing Board Panel designated, for the purpose of 
conducting the proceeding, the following Board, G. Paul Bollwerk, III 
(Chair), Dr. Nicholas G. Trikouros, and Dr. James Jackson (71 FR 77071; 
December 22, 2006). In a March 12, 2007, issuance, finding that each of 
the Joint Petitioners had established the requisite standing to 
intervene in this proceeding and that they had submitted two admissible 
contentions concerning the SNC ESP application, the Board admitted them 
as parties to this proceeding. See Southern Nuclear Operating Co. 
(Early Site Permit for Vogtle ESP Site), LBP-07-3, 65 NRC 237 (2006).
    On August 16, 2007, SNC submitted to the NRC a supplement to its 
ESP application requesting authorization to engage in selected 
construction activities as defined by 10 CFR 50.10. As described by 
SNC, these activities would generally involve the ``placement of 
engineered backfill and preparation of the Nuclear Island foundation 
base slab forms and reinforcing steel.'' In light of the request for 
this additional authorization, the Commission herein supplements the 
findings and considerations set forth in the original notice of hearing 
on October 12, 2006, as follows:
    The NRC staff will complete a detailed technical review of the 
application, including the supplement requesting authority to perform 
selected construction activities as defined by 10 CFR 50.10, and will 
document its findings in a safety evaluation report (SER) and an 
environmental impact statement (EIS). In addition, the Commission will 
refer a copy of the application to the Advisory Committee on Reactor 
Safeguards (ACRS) in accordance with 10 CFR 52.23, and the ACRS will 
report on those portions of the application that concern safety. In 
addition to the findings set forth in the initial notice of hearing, 
upon receipt of the ACRS report and completion of the NRC staff's SER 
and EIS, the Director, Office of New Reactors, NRC, will propose 
findings on the following additional issues:

Supplementary Issues Pursuant to the Atomic Energy Act of 1954, as 
Amended

    (1) Whether the applicable standards and requirements of the Act, 
and the Commission's regulations applicable to the activities for which 
the Applicant seeks authorization have been met (Safety Issue 3); (2) 
whether the Applicant is technically qualified to engage in the 
activities authorized (Safety Issue 4); and (3) whether issuance of the 
ESP, granting the Applicant's requested authorization, will provide 
reasonable assurance of adequate protection to public health and safety 
and will not be inimical to the common defense and security (Safety 
Issue 5).

Supplementary Issue Pursuant to the National Environmental Policy Act 
(NEPA) of 1969, as Amended

    Whether, in accordance with the requirements of subpart A of 10 CFR 
part 51, the ESP should authorize the Applicant to conduct the 
requested construction activities.
    If, as related to the additional issues outlined above, the hearing 
is contested as defined by 10 CFR 2.4, the Board, in addition to the 
directions in the original notice of hearing, will consider Safety 
Issues 3, 4, and 5 and the issue pursuant to NEPA set forth above.
    If, as to the additional issues outlined above, the hearing is not 
a contested proceeding as defined in 10 CFR 2.4, the Board, in addition 
to the direction given in the original notice of hearing, will 
determine without conducting a de novo review: Whether the application 
and the record of the proceeding contain sufficient information, and 
the review of the application by the Commission's staff has been 
adequate to support affirmative findings on Safety Issues 3, 4, and 5, 
as proposed to be made by the Director, Office of New Reactors; and 
whether the review conducted by the Commission staff pursuant to NEPA 
has been adequate.
    Regardless of whether the proceeding is contested or uncontested, 
the Board, in addition to complying with the provisions of the original 
notice of hearing, will: (1) Determine whether the requirements of 
section 102(2)(A), (C), and (E) of NEPA and subpart A of 10 CFR part 51 
have been met, with respect to the activities to be authorized; (2) 
independently consider the balance among the conflicting factors with 
respect to the activities to be authorized which is contained in the 
record of the proceeding, with a view to determining the appropriate 
action to be taken; and (3) determine whether the redress plan 
submitted by the Applicant will adequately redress the activities to be 
authorized.
    In accordance with 10 CFR 2.309, any person whose interest may be 
affected by this proceeding and who desires to participate as a party 
with respect to the supplementary issues must file a written petition 
for leave to intervene and must specify the contentions which the 
person seeks to have litigated in the hearing. 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, provided however parties that have 
already been admitted to the proceeding not need address the factors 
enumerated in 10 CFR 2.309(d)(1)-(2). If

[[Page 64687]]

not already a party to the proceeding, the petition must specifically 
state: (1) The name, address and telephone number of the petitioner; 
(2) the nature of the petitioner's right under the Act to be made a 
party to the proceeding; (3) the nature and extent of the petitioner's 
property, financial or other interest in the proceeding; and (4) the 
possible effect of any decision or order that may be issued in the 
proceeding on the petitioner's interest.
    Each contention must contain a specific statement of the issue of 
law or fact to be raised or controverted. A petitioner must also 
provide the following information with respect to each contention: (1) 
A brief explanation of the basis for the contention; (2) a concise 
statement of the alleged facts or expert opinions which support the 
petitioner's position on the issue and on which the petitioner intends 
to rely at hearing, together with references to the specific sources 
and documents on which the petitioner intends to rely to support its 
position on the issue; and (3) sufficient information to show that a 
genuine dispute exists with the applicant on a material issue of law or 
fact. This information must include references to specific portions of 
the application (including the applicant's environmental report and 
safety report) that the petitioner disputes and the supporting reasons 
for each dispute, or, if the petitioner believes that the application 
fails to contain information on a relevant matter as required by law, 
the identification of each failure and the supporting reasons for the 
petitioner's belief. For each contention, the petition must demonstrate 
that the issue raised in the contention is within the scope of this 
proceeding and that the issue raised in the contention is material to 
the findings the NRC must make to support the action that is involved 
in this proceeding. A petitioner who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
    A petition for leave to intervene must be filed in accordance with 
the December 15, 2006, issuance of the Chief of the Atomic Safety and 
Licensing Board Panel establishing procedures for submitting documents 
using the NRC Electronic Information Exchange or E-Submittal process. 
The accession number for the issuance is ML063520200. The issuance is 
also available through the NRC's electronic hearing docket which is 
available to the public at https://ehd.nrc.gov/EHD_Proceeding/home.asp.
    If any new participant to this proceeding believes they are unable 
to participate in this proceeding utilizing the electronic document 
formatting and/or filing processes outlined in the December 15, 2006, 
issuance, they may file a request for an exemption from the Licensing 
Board in conjunction with its first filing in this proceeding. Pursuant 
to the December 15, 2006, issuance, the provisions of 10 CFR 
2.302(g)(2) and (3) of the Commission's proposed rule on electronic 
document filing and formatting shall govern such an exemption request 
(70 FR 74950, 74960; December 16, 2005). 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 Adjudications 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, Rockville, 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.
    All such petitions must be filed no later than 60 days from the 
date of publication of this notice in the Federal Register. Non-timely 
filings will not be entertained absent a determination by the Board 
that the petition should be granted based upon a balancing of the 
factors specified in 10 CFR 2.309(c)(i)-(viii).
    This supplementary notice does not affect the status of any person 
previously admitted as a party to this proceeding or provide any 
additional opportunity to any person to intervene on the basis of, or 
to raise matters encompassed within, the issues specified for hearing 
in the original notice of hearing published in the Federal Register on 
October 12, 2006 (71 FR 60195).
    A copy of the SNC ESP application is available for public 
inspection at the Commission's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records are accessible from the Agency-
wide Documents Access and Management System (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. The accession number for the application is 
ML071710055. The accession number for the August 16, 2007, supplement 
to the application is ML072330242. Persons who do not have access to 
ADAMS, or who encounter problems in accessing the documents located in 
ADAMS, should contact the NRC Public Document Room staff by telephone 
at 1-800-397-4209, (301) 415-4737 or by e-mail to pdr@nrc.gov. The 
application is also available to local residents at the Burke County 
Library in Waynesboro, Georgia, and is available on the NRC Web page at 
https://www.nrc.gov/reactors/new-licensing/esp/vogtle.html.

    Dated at Rockville, Maryland, this 9th day of November 2007.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E7-22413 Filed 11-15-07; 8:45 am]
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