Entergy Nuclear Operations, Inc., Entergy Nuclear Palisades, LLC; Big Rock Point; Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring and Opportunity for a Hearing, 2956-2958 [E8-640]
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jlentini on PROD1PC65 with NOTICES
2956
Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices
(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
Viewer TM 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/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 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
VerDate Aug<31>2005
17:55 Jan 15, 2008
Jkt 214001
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
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 works.
The Commission will issue a notice or
Order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
As an alternative to requests for
hearing and petitions to intervene,
within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
action, see the application dated July 30,
2007, as supplemented by letter dated
December 5, 2007, available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System’s
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
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 or 301–415–4737, or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 3rd day
of January 2008.
For the Nuclear Regulatory Commission.
Douglas V. Pickett,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–639 Filed 1–15–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–155 and 72–43]
Entergy Nuclear Operations, Inc.,
Entergy Nuclear Palisades, LLC; Big
Rock Point; Notice of Consideration of
Approval of Application Regarding
Proposed Corporate Restructuring and
Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering the issuance of an Order
under 10 CFR 50.80 and 72.50
approving the indirect transfer of the
Facility Operating License No. DPR–06
for Big Rock Point currently held by
Entergy Nuclear Palisades, LLC, as
owner and Entergy Nuclear Operations,
Inc. as the licensed operator of Big Rock
Point.
E:\FR\FM\16JAN1.SGM
16JAN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices
According to an application for
approval filed by Entergy Nuclear
Operations, Inc. (ENOI) on behalf of
itself and the owners, certain planned
corporate restructuring transactions will
involve the creation of new
intermediary holding companies and/or
changes in the intermediary holding
companies within the ownership
structure for the foregoing licensees.
Entergy Nuclear Operations, Inc. will
continue to operate the facility and
Entergy Nuclear Palisades, LLC will
continue to own the facility. There will
be no direct transfer of the license.
However, the corporate restructuring
transactions will result in an indirect
transfer of control of the license.
No physical changes to the Big Rock
Point facility or operational changes are
being proposed in the application.
The Board of Directors of Entergy
Corporation has proposed that the
wholesale nuclear business segment be
organized under a publicly owned
holding company, referred to as
‘‘NewCo,’’ that will be the indirect
parent company of Entergy Nuclear
Palisades, LLC.
ENOI will be owned by a parent
company referred to as ENOI Holdings,
LLC, which, in turn, will be owned 50
percent by Entergy Corporation and 50
percent by NewCo. Each of these 50
percent interests will be held by wholly
owned subsidiaries of Entergy
Corporation and NewCo.
ENOI will also be converted from a
corporation to a limited liability
company and its name will be changed
to ENOI LLC. Under Delaware law,
ENOI LLC will assume all of the rights
and responsibilities of ENOI and it will
be the same company (legal entity) both
before and after the conversion and
name change. ENOI will separately
submit a request for license
amendments to make the administrative
changes as a result of ENOI’s name
change from ‘‘Entergy Nuclear
Operations, Inc.’’ to ‘‘ENOI LLC.’’
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the proposed corporate
restructuring will not affect the
qualifications of the licensee to hold the
license, and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
Orders issued by the Commission
pursuant thereto.
VerDate Aug<31>2005
17:55 Jan 15, 2008
Jkt 214001
The filing of requests for hearing and
petitions for leave to intervene, and
written comments with regard to the
license transfer application, are
discussed below.
Within 20 days from the date of
publication of this notice, any person
whose interest may be affected by the
Commission’s action on the application
may request a hearing and, if not the
applicant, may petition for leave to
intervene in a hearing proceeding on the
Commission’s action. Requests for a
hearing and petitions for leave to
intervene should be filed in accordance
with the Commission’s rules of practice
set forth in Subpart C ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR part 2 and the
NRC E-filing rule discussed below. In
particular, such requests and petitions
must comply with the requirements set
forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), unless
good cause for failure to file on time is
established. In addition, an untimely
request or petition should address the
factors that the Commission will also
consider in reviewing untimely requests
or petitions, set forth in 10 CFR
2.309(c)(1)(i)–(viii). 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 49139 (Aug. 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 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
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
2957
(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
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/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/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 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
E:\FR\FM\16JAN1.SGM
16JAN1
jlentini on PROD1PC65 with NOTICES
2958
Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices
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
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 works.
The Commission will issue a notice or
Order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
As an alternative to requests for
hearing and petitions to intervene,
within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
VerDate Aug<31>2005
17:55 Jan 15, 2008
Jkt 214001
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
action, see the application dated July 30,
2007, as supplemented by letter dated
December 5, 2007, available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System’s
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
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, or 301–415–4737 or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 3rd day
of January 2008.
For the Nuclear Regulatory Commission.
Douglas V. Pickett,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–640 Filed 1–15–08; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Special 301: Identification of Countries
Under Section 182 of the Trade Act of
1974: Request for Public Comment
Office of the United States
Trade Representative.
ACTION: Request for Written
Submissions From the Public.
AGENCY:
SUMMARY: Section 182 of the Trade Act
of 1974 (Trade Act) (19 U.S.C. 2242)
requires the United States Trade
Representative (USTR) to identify
countries that deny adequate and
effective protection of intellectual
property rights or deny fair and
equitable market access to U.S. persons
who rely on intellectual property
protection. (Section 182 is commonly
referred to as the ‘‘Special 301’’
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
provisions of the Trade Act.) In
addition, the USTR is required to
determine which of these countries
should be identified as Priority Foreign
Countries. Acts, policies, or practices
that are the basis of a country’s
identification as a Priority Foreign
Country are normally the subject of an
investigation under the section 301
provisions of the Trade Act. Section 182
of the Trade Act contains a special rule
for the identification of actions by
Canada affecting United States cultural
industries.
USTR requests written submissions
from the public concerning foreign
countries’ acts, policies, and practices
that are relevant to the decision whether
particular trading partners should be
identified under section 182 of the
Trade Act.
DATES: Submissions from the general
public must be received on or before 10
a.m. on Monday, February 11, 2008.
Foreign governments who choose to
make written submissions may do so on
or before 10 a.m. on Friday, February
29, 2008.
ADDRESSES: All comments should be
addressed to Jennifer Choe Groves,
Director for Intellectual Property and
Innovation and Chair of the Special 301
Committee, Office of the United States
Trade Representative, and sent (i)
electronically, to FR0606@ustr.eop.gov
(please note, ‘‘FR0606’’ consists of the
numbers ‘‘zero-six-zero-six’’) with
‘‘Special 301 Review’’ in the subject
line, or (ii) by fax, to (202) 395–9458,
with a confirmation copy sent
electronically to the e-mail address
above.
FOR FURTHER INFORMATION CONTACT:
Jennifer Choe Groves, Director for
Intellectual Property and Innovation
and Chair of the Special 301 Committee,
Office of the United States Trade
Representative at (202) 395–4510.
SUPPLEMENTARY INFORMATION: Pursuant
to section 182 of the Trade Act, USTR
must identify those countries that deny
adequate and effective protection for
intellectual property rights or deny fair
and equitable market access to U.S.
persons who rely on intellectual
property protection. Those countries
that have the most onerous or egregious
acts, policies, or practices and whose
acts, policies, or practices have the
greatest adverse impact (actual or
potential) on relevant U.S. products are
to be identified as Priority Foreign
Countries. Acts, policies, or practices
that are the basis of a country’s
designation as a Priority Foreign
Country are normally the subject of an
investigation under the section 301
provisions of the Trade Act.
E:\FR\FM\16JAN1.SGM
16JAN1
]]>Agencies
[Federal Register Volume 73, Number 11 (Wednesday, January 16, 2008)]
[Notices]
[Pages 2956-2958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-640]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-155 and 72-43]
Entergy Nuclear Operations, Inc., Entergy Nuclear Palisades, LLC;
Big Rock Point; Notice of Consideration of Approval of Application
Regarding Proposed Corporate Restructuring and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an Order under 10 CFR 50.80 and 72.50
approving the indirect transfer of the Facility Operating License No.
DPR-06 for Big Rock Point currently held by Entergy Nuclear Palisades,
LLC, as owner and Entergy Nuclear Operations, Inc. as the licensed
operator of Big Rock Point.
[[Page 2957]]
According to an application for approval filed by Entergy Nuclear
Operations, Inc. (ENOI) on behalf of itself and the owners, certain
planned corporate restructuring transactions will involve the creation
of new intermediary holding companies and/or changes in the
intermediary holding companies within the ownership structure for the
foregoing licensees. Entergy Nuclear Operations, Inc. will continue to
operate the facility and Entergy Nuclear Palisades, LLC will continue
to own the facility. There will be no direct transfer of the license.
However, the corporate restructuring transactions will result in an
indirect transfer of control of the license.
No physical changes to the Big Rock Point facility or operational
changes are being proposed in the application.
The Board of Directors of Entergy Corporation has proposed that the
wholesale nuclear business segment be organized under a publicly owned
holding company, referred to as ``NewCo,'' that will be the indirect
parent company of Entergy Nuclear Palisades, LLC.
ENOI will be owned by a parent company referred to as ENOI
Holdings, LLC, which, in turn, will be owned 50 percent by Entergy
Corporation and 50 percent by NewCo. Each of these 50 percent interests
will be held by wholly owned subsidiaries of Entergy Corporation and
NewCo.
ENOI will also be converted from a corporation to a limited
liability company and its name will be changed to ENOI LLC. Under
Delaware law, ENOI LLC will assume all of the rights and
responsibilities of ENOI and it will be the same company (legal entity)
both before and after the conversion and name change. ENOI will
separately submit a request for license amendments to make the
administrative changes as a result of ENOI's name change from ``Entergy
Nuclear Operations, Inc.'' to ``ENOI LLC.''
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
corporate restructuring will not affect the qualifications of the
licensee to hold the license, and that the transfer is otherwise
consistent with applicable provisions of law, regulations, and Orders
issued by the Commission pursuant thereto.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person whose interest may be affected by the Commission's action on the
application may request a hearing and, if not the applicant, may
petition for leave to intervene in a hearing proceeding on the
Commission's action. Requests for a hearing and petitions for leave to
intervene should be filed in accordance with the Commission's rules of
practice set forth in Subpart C ``Rules of General Applicability:
Hearing Requests, Petitions to Intervene, Availability of Documents,
Selection of Specific Hearing Procedures, Presiding Officer Powers, and
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR
part 2 and the NRC E-filing rule discussed below. In particular, such
requests and petitions must comply with the requirements set forth in
10 CFR 2.309. Untimely requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), unless good cause for failure to file
on time is established. In addition, an untimely request or petition
should address the factors that the Commission will also consider in
reviewing untimely requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)-(viii). 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 49139 (Aug. 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 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-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
[[Page 2958]]
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 works.
The Commission will issue a notice or Order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
As an alternative to requests for hearing and petitions to
intervene, within 30 days from the date of publication of this notice,
persons may submit written comments regarding the license transfer
application, as provided for in 10 CFR 2.1305. The Commission will
consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and should cite the publication date and page
number of this Federal Register notice.
For further details with respect to this action, see the
application dated July 30, 2007, as supplemented by letter dated
December 5, 2007, available for public inspection at the Commission's
Public Document Room (PDR), located at One White Flint North, Public
File Area O1 F21, 11555 Rockville Pike (first floor), Rockville,
Maryland. Publicly available records will be accessible electronically
from the Agencywide Documents Access and Management System's (ADAMS)
Public Electronic Reading Room on the Internet at the NRC Web site,
https://www.nrc.gov/reading-rm/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, or 301-415-4737 or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland this 3rd day of January 2008.
For the Nuclear Regulatory Commission.
Douglas V. Pickett,
Senior Project Manager, Plant Licensing Branch I-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-640 Filed 1-15-08; 8:45 am]
BILLING CODE 7590-01-P
