Florida Power and Light Company; Notice of Consideration of Issuance of Amendment to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 67323-67325 [E7-23131]
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Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices
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 21st day
of November, 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. E7–23130 Filed 11–27–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–250 and 50–251]
ebenthall on PRODPC61 with NOTICES
Florida Power and Light Company;
Notice of Consideration of Issuance of
Amendment to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (NRC, the Commission) is
considering issuance of an amendment
to Facility Operating License No. DPR–
31, issued to Florida Power and Light
Company (FPL, the licensee), for
operation of the Turkey Point Nuclear
Plant, Units 3 and 4, located in MiamiDade County, Florida.
The proposed amendment would
revise Technical Specification (TS)
3.1.3.2, on a permanent basis to allow
the use of an alternate method of
determining rod position for a control
rod or shutdown rod with an inoperable
rod position indicator (RPI). The
proposed alternate method of
monitoring the stationary gripper coil
voltage has been previously submitted
by FPL per References 1, 2 and 3, and
approved by the NRC for use at Turkey
Point Units 3 and 4. The NRC approved
the alternate method for monitoring rod
position on October 5, 2006, by issuance
of License Amendment 230 for Turkey
Point Unit 3 for control rod M–6 in
Control Rod Bank C during Cycle 22
operation. The licensee indicated the
need for expedited review of this
amendment due to the unanticipated
failure of the Turkey Point Unit 3
Analog RPI for control rod F–2 in
Control Rod Bank B. The proposed
amendment will revise TS 3.1.3.2 on a
permanent basis to allow use of an
alternate method of monitoring rod
position for a control rod or shutdown
rod with an inoperable RPI.
Additionally, there is a concern that
exercising the movable incore detectors
every 8 hours (90 times per month) to
comply with the compensatory actions
VerDate Aug<31>2005
15:18 Nov 27, 2007
Jkt 214001
required by the current Action
Statement a. of TS 3.1.3.2 will result in
excessive wear. In summary, the
proposed change will add new
requirements to allow alternate
monitoring of the rod position when the
analog RPI is not operable. This
allowance can only be used for one rod
indication per unit and can only be used
until the next opportunity to safely
correct the problem. The alternate
method of monitoring rod position
provides reasonable indication of rod
position without subjecting the movable
incore detectors to excessive wear.
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. Will operation of the facility in
accordance with this proposed change
involve a significant increase in the
probability or consequences of an accident
previously evaluated?
No. The proposed change provides an
alternative method for verifying rod position
of one control rod or shutdown rod with an
inoperable rod position indicator (RPI). The
proposed change meets the intent of the
current specification in that it ensures
verification of position of the control rod or
shutdown rod within one hour of unintended
rod motion and at least once every eight (8)
hours. The proposed change provides only an
alternative method of monitoring control rod
position and does not change the assumption
or results of any previously evaluated
accident.
Therefore, operation of the facility in
accordance with the proposed amendment
would not involve a significant increase in
the probability or consequences of an
accident previously evaluated.
2. Will operation of the facility in
accordance with this proposed change create
the possibility of a new or different kind of
accident from any accident previously
evaluated?
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67323
No. As described above, the proposed
change provides only an alternative method
of determining the position of one control
rod or shutdown rod with an inoperable RPI.
No new accident initiators are introduced by
the proposed alternative manner of
performing rod position verification. The
proposed change does not affect the reactor
protection system or the reactor control
system. Hence, no new failure modes are
created that would cause a new or different
kind of accident from any accident
previously evaluated.
Therefore, operation of the facility in
accordance with the proposed amendments
would not create the possibility of a new or
different kind of accident from any accident
previously evaluated.
3. Will operation of the facility in
accordance with this proposed change
involve a significant reduction in a margin of
safety?
No. The bases of Specification 3.1.3.2 state
that the operability of the rod position
indicators is required to determine control
rod positions and thereby ensure compliance
with the control rod alignment and insertion
limits. The proposed change does not alter
the requirement to determine rod position
but provides an alternative method for
determining the position of control rod or
shutdown rod with an inoperable RPI. As a
result, the initial conditions of the accident
analysis are preserved and the consequences
of previously analyzed accidents are
unaffected.
Therefore, operation of the facility in
accordance with the proposed amendments
would not involve a significant reduction in
the margin of safety. Therefore, operation of
the facility in accordance with the proposed
amendments would not involve a significant
reduction in the 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 comment 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
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67324
Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
Written comments may be submitted
by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division
of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and should cite the publication
date and page number of this Federal
Register notice. Written comments may
also be delivered to Room 6D59, Two
White Flint North, 11545 Rockville
Pike, Rockville, Maryland, from 7:30
a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first
floor), Rockville, Maryland.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the licensee
may file a request for a hearing with
respect to issuance of the 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 O1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
VerDate Aug<31>2005
15:18 Nov 27, 2007
Jkt 214001
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestors/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the 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
PO 00000
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Sfmt 4703
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.
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 on August
28, 2007 (72 FR 49139). 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 its counsel or
representative) to digitally 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
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor 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/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 petitioner/
requestor 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-
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Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Notices
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 representative) 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 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 firstclass 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
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15:18 Nov 27, 2007
Jkt 214001
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, 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 submissions.
For further details with respect to this
action, see the application for
amendment dated May 17, 2007, which
is available for public inspection at the
Commission’s PDR, located at One
White Flint North, File Public 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
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 20th day
of November 2007.
Brenda L. Mozafari,
Senior Project Manager, Plant Licensing
Branch II–2, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E7–23131 Filed 11–27–07; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Request for Review by OMB
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
PO 00000
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Extension:
Rule 15c3–3; SEC File No. 270–087; OMB
Control No. 3235–0078.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
requests for extension of the previously
approved collections of information
discussed below. The Code of Federal
Regulation citation to this collection of
information is the following rule: 17
CFR 240.15c3–3 Customer Protection—
Reserves and Custody of Securities.
Rule 15c3–3 under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) requires that a broker-dealer that
hold customer securities obtain and
maintain possession and control of
fully-paid and excess margin securities
they hold for customers. In addition, the
Rule requires that a broker-dealer that
holds customer funds make either a
weekly or monthly computation to
determine whether certain customer
funds need to be segregated in a special
reserve bank account for the exclusive
benefit of the firm’s customers. It also
requires that a broker-dealer maintain a
written notification from each bank
where a Special Reserve Bank Account
is held acknowledging that all assets in
the account are for the exclusive benefit
of the broker-dealer’s customers, and to
provide written notification to the
Commission (and its designated
examining authority) under certain,
specified circumstances. Finally, Rule
15c3–3 was amended in 2001 to add
paragraph (o), which only applies to
broker-dealers that sell securities futures
products to customers. Paragraph (o)
requires that such broker-dealers
provide certain notifications to
customers, and to make a record of any
changes of account type.
There are approximately 344 brokerdealers fully subject to the Rule (i.e.,
broker-dealers that can not claim any of
the exemptions enumerated at
paragraph (k)), of which approximately
9 make daily, 245 make weekly, and 90
make monthly, reserve computations.
On average, each of these respondents
require approximately 2.5 hours to
complete a computation. Accordingly,
Commission staff estimates that the
resulting burden totals 39,950 hours
annually ((2.5 hours × 240 computations
× 9 respondents that calculate daily) +
(2.5 hours × 52 computations × 245
respondents that calculate weekly) +
(2.5 hours × 12 computations × 90
respondents that calculate monthly)).
A broker-dealer required to maintain
the Special Reserve Bank Account
prescribed by Rule 15c3–3 must obtain
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]]>Agencies
[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67323-67325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23131]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-250 and 50-251]
Florida Power and Light Company; Notice of Consideration of
Issuance of Amendment to Facility Operating Licenses, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (NRC, the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-31, issued to Florida Power and Light Company (FPL, the licensee),
for operation of the Turkey Point Nuclear Plant, Units 3 and 4, located
in Miami-Dade County, Florida.
The proposed amendment would revise Technical Specification (TS)
3.1.3.2, on a permanent basis to allow the use of an alternate method
of determining rod position for a control rod or shutdown rod with an
inoperable rod position indicator (RPI). The proposed alternate method
of monitoring the stationary gripper coil voltage has been previously
submitted by FPL per References 1, 2 and 3, and approved by the NRC for
use at Turkey Point Units 3 and 4. The NRC approved the alternate
method for monitoring rod position on October 5, 2006, by issuance of
License Amendment 230 for Turkey Point Unit 3 for control rod M-6 in
Control Rod Bank C during Cycle 22 operation. The licensee indicated
the need for expedited review of this amendment due to the
unanticipated failure of the Turkey Point Unit 3 Analog RPI for control
rod F-2 in Control Rod Bank B. The proposed amendment will revise TS
3.1.3.2 on a permanent basis to allow use of an alternate method of
monitoring rod position for a control rod or shutdown rod with an
inoperable RPI. Additionally, there is a concern that exercising the
movable incore detectors every 8 hours (90 times per month) to comply
with the compensatory actions required by the current Action Statement
a. of TS 3.1.3.2 will result in excessive wear. In summary, the
proposed change will add new requirements to allow alternate monitoring
of the rod position when the analog RPI is not operable. This allowance
can only be used for one rod indication per unit and can only be used
until the next opportunity to safely correct the problem. The alternate
method of monitoring rod position provides reasonable indication of rod
position without subjecting the movable incore detectors to excessive
wear.
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. Will operation of the facility in accordance with this
proposed change involve a significant increase in the probability or
consequences of an accident previously evaluated?
No. The proposed change provides an alternative method for
verifying rod position of one control rod or shutdown rod with an
inoperable rod position indicator (RPI). The proposed change meets
the intent of the current specification in that it ensures
verification of position of the control rod or shutdown rod within
one hour of unintended rod motion and at least once every eight (8)
hours. The proposed change provides only an alternative method of
monitoring control rod position and does not change the assumption
or results of any previously evaluated accident.
Therefore, operation of the facility in accordance with the
proposed amendment would not involve a significant increase in the
probability or consequences of an accident previously evaluated.
2. Will operation of the facility in accordance with this
proposed change create the possibility of a new or different kind of
accident from any accident previously evaluated?
No. As described above, the proposed change provides only an
alternative method of determining the position of one control rod or
shutdown rod with an inoperable RPI. No new accident initiators are
introduced by the proposed alternative manner of performing rod
position verification. The proposed change does not affect the
reactor protection system or the reactor control system. Hence, no
new failure modes are created that would cause a new or different
kind of accident from any accident previously evaluated.
Therefore, operation of the facility in accordance with the
proposed amendments would not create the possibility of a new or
different kind of accident from any accident previously evaluated.
3. Will operation of the facility in accordance with this
proposed change involve a significant reduction in a margin of
safety?
No. The bases of Specification 3.1.3.2 state that the
operability of the rod position indicators is required to determine
control rod positions and thereby ensure compliance with the control
rod alignment and insertion limits. The proposed change does not
alter the requirement to determine rod position but provides an
alternative method for determining the position of control rod or
shutdown rod with an inoperable RPI. As a result, the initial
conditions of the accident analysis are preserved and the
consequences of previously analyzed accidents are unaffected.
Therefore, operation of the facility in accordance with the
proposed amendments would not involve a significant reduction in the
margin of safety. Therefore, operation of the facility in accordance
with the proposed amendments would not involve a significant
reduction in the 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 comment 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
[[Page 67324]]
timely way would result, for example, in derating or shutdown of the
facility. Should the Commission take action prior to the expiration of
either the comment period or the notice period, it will publish in the
Federal Register a notice of issuance. Should the Commission make a
final No Significant Hazards Consideration Determination, any hearing
will take place after issuance. The Commission expects that the need to
take this action will occur very infrequently.
Written comments may be submitted by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Written comments may also
be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or copied for a fee, at the NRC's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
licensee may file a request for a hearing with respect to issuance of
the 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
O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestors/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the
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.
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 on August 28, 2007 (72 FR 49139). 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 its counsel or
representative) to digitally 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 petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer\TM\ to
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer\TM\ 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 petitioner/requestor 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-
[[Page 67325]]
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 representative) 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 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.
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 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, 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 submissions.
For further details with respect to this action, see the
application for amendment dated May 17, 2007, which is available for
public inspection at the Commission's PDR, located at One White Flint
North, File Public 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
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 20th day of November 2007.
Brenda L. Mozafari,
Senior Project Manager, Plant Licensing Branch II-2, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E7-23131 Filed 11-27-07; 8:45 am]
BILLING CODE 7590-01-P
