Indiana Michigan Power Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 13253-13256 [E8-4913]
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Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices
Total Estimated Number of
Respondents: 50,000.
Total Estimated Annual Burden
Hours: 41,700.
Total Estimated Annual Costs Burden:
$102,500.
Description: Prohibited Transaction
Class Exemption 81–8 permits the
investment of plan assets that involve
the purchase or other acquisition,
holding, sale, exchange or redemption
by or on behalf of an employee benefit
plan of certain types of short-term
investments. Without the exemption,
certain aspects of these transactions
might be prohibited by section 406 of
the Employee Retirement Income
Security Act of 1974. The third-party
disclosure and recordkeeping
requirements contained in the
Exemption are designed to help protect
the interests of plan participants and
beneficiaries from potential abuse when
a fiduciary exercises the Exemption. For
additional information, see related
notice published at 72 FR 72763 on
December 21, 2007.
Agency: Employee Benefits Security
Administration.
Type of Review: Extension without
change of currently approved collection.
Title: Delinquent Filer Voluntary
Compliance Program.
OMB Number: 1210–0089.
Affected Public: Private Sector:
Business or other for-profits.
Total Estimated Number of
Respondents: 15,000.
Total Estimated Annual Burden
Hours: 750.
Total Estimated Annual Costs Burden:
$608,250.
Description: The Delinquent Filer
Voluntary Compliance Program is
intended to encourage, through the
assessment of reduced civil penalties,
delinquent plan administrators to
voluntarily comply with their annual
reporting obligations under Title I of
Employee Retirement Income Security
Act of 1974. For additional information,
see related notice published at 72 FR
72761 on December 21, 2007.
Agency: Employee Benefits Security
Administration.
Type of Review: Extension without
change of currently approved collection.
Title: Prohibited Transaction Class
Exemption 96–62, Process for Expedited
Approval of an Exemption for
Prohibited Transaction.
OMB Number: 1210–0098.
Affected Public: Private Sector:
Business or other for-profits.
Total Estimated Number of
Respondents: 50.
Total Estimated Annual Burden
Hours: 62.
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Total Estimated Annual Costs Burden:
$67,675.
Description: Prohibited Transaction
Class Exemption 96–62 permits a plan
to seek approval on an accelerated basis
of otherwise prohibited transactions
under sections 406 and 407(a) of the
Employee Retirement Income Security
Act of 1974 by providing the
Department and interested persons with
information demonstrating the
transaction is substantially similar to at
least two individual exemptions
previously granted and presents little, if
any, opportunity for abuse or risk of loss
to a plans’ participants and
beneficiaries. The third-party disclosure
and reporting requirements contained in
the Exemption are designed to help
protect the interests of plan participants
and beneficiaries from potential abuse
when a fiduciary exercises the
Exemption. For additional information,
see related notice published at 72 FR
72764 on December 21, 2007.
Agency: Employee Benefits Security
Administration.
Type of Review: Extension without
change of currently approved collection.
Title: PTE 98–54 Relating to Certain
Employee Benefit Plan Foreign
Exchange Transactions Executed
Pursuant to Standing Instructions.
OMB Number: 1210–0111.
Affected Public: Private Sector:
Business or other for-profits.
Total Estimated Number of
Respondents: 35.
Total Estimated Annual Burden
Hours: 4,200.
Total Estimated Annual Costs Burden:
$0.
Description: Prohibited Transaction
Class Exemption 98–54 permits certain
foreign exchange transactions between
employee benefit plans and certain
banks and broker-dealers which are
parties in interest with respect to such
plans, pursuant to standing instructions.
Without the exemption, certain aspects
of these transactions might be
prohibited by section 406 of the
Employee Retirement Income Security
Act of 1974. The third-party disclosure
requirements contained in the
Exemption are designed to help protect
the interests of plan participants and
beneficiaries from potential abuse when
a fiduciary exercises the Exemption. For
additional information, see related
notice published at 72 FR 72765 on
December 21, 2007.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E8–4885 Filed 3–11–08; 8:45 am]
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13253
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
Maritime Advisory Committee for
Occupational Safety and Health; Notice
of Meeting Postponement
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Meeting postponement for the
Maritime Advisory Committee for
Occupational Safety and Health
(MACOSH) and its workgroups.
AGENCY:
SUMMARY: OSHA is postponing the
MACOSH meeting and the workgroup
meetings originally scheduled for March
18–20, 2008, at the Wyndham
Greenspoint Hotel, 12400 Greenspoint
Drive, Houston, TX 77060. OSHA is
planning to hold another MACOSH
meeting in the coming months and will
publish a notice of the rescheduled
meeting in the Federal Register when
arrangements for that meeting are
completed.
FOR FURTHER INFORMATION CONTACT: For
general information about the
postponement of the MACOSH meeting,
contact: Dorothy Dougherty, Director,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; Phone: (202)
693–2086; Fax: (202) 693–1663.
Authority: Edwin G. Foulke, Jr., Assistant
Secretary of Labor for Occupational Safety
and Health, directed the preparation of this
notice under the authority granted by
Sections 6(b)(1) and 7(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655,
656), the Federal Advisory Committee Act (5
U.S.C. App. 2), Secretary of Labor’s Order 5–
2007 (72 FR 31159), and 29 CFR part 1912.
Signed at Washington, DC on March 6,
2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–4881 Filed 3–11–08; 8:45 am]
BILLING CODE 4510–26–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–315 and 50–316]
Indiana Michigan Power Company;
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of a amendments
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Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices
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to Facility Operating License Nos. DPR–
58 and DPR–74 issued to Indiana
Michigan Power Company (the licensee)
for operation of the Donald C. Cook
Nuclear Plant, Units 1 and 2, located in
Berrien County, Michigan.
The proposed amendment would
revise the licensing basis for ice
condenser ice fusion time following
normal maintenance of a portion of the
ice baskets. Specifically, the licensee
proposed to revise the Updated Final
Safety Analysis Report to allow plant
operation during the 5-week period
following ice basket maintenance based
on conservatisms in the original ice
basket seismic testing, practical
experience with ice fusion gained
through decades of ice condenser
operation, and design features of the ice
condenser. As an additional
conservatism, in the event of an
operating basis earthquake, or greater
seismic disturbance, within 5 weeks of
loading ice baskets, the ice condenser
would be inspected within 24 hours to
ensure that no ice fallout has occurred
that could impede proper functioning of
the ice condenser lower inlet doors.
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. Does the proposed change involve a
significant increase in the probability of
occurrence or consequences of an accident
previously evaluated?
Response: No.
The previously evaluated accidents of
concern regarding the proposed change to
licensing basis requirements for the ice
condenser are a loss of coolant accident
(LOCA) and a main steam line break (MSLB)
in containment. The ice condenser will not
initiate a previously evaluated accident and
provides no function until mitigation of a
LOCA or MSLB in containment is required.
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Therefore, a change to the ice condenser
design or licensing basis does not
significantly impact the probability of
occurrence of an accident previously
evaluated.
Following the proposed amendment, the
licensing basis would allow plant operation
to continue during the five weeks following
ice loading with procedural requirements to
inspect the ice condenser within 24 hours
following an OBE or greater seismic
disturbance. With these changes, the ice
condenser is still expected to perform its
mitigation function under all circumstances
following a LOCA or MSLB. Therefore, the
proposed amendment does not involve a
significant increase in the consequences of an
accident previously evaluated.
Therefore, the proposed change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The proposed amendment does not change
the design function or operation of any
system, structure, or component (SSC). The
proposed amendment does not affect the
capability of the ice condenser or other SSCs
to perform their function. As a result, no new
failure mechanisms, malfunctions, or
accident initiators are created. Therefore, the
proposed amendment does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The proposed amendment involves no
change in the capability of an SSC. Under the
proposed amendment, the ice condenser
would remain fully capable of performing its
design function under credible
circumstances. Therefore, there is no
significant reduction in a margin of safety as
a result of the proposed amendment.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 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
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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
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 O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland.
The filing of requests for hearing and
petitions for leave to intervene is
discussed below.
Within 60 days after the date of
publication of this notice, the person(s)
may file a request for a hearing with
respect to issuance of the amendment to
the subject facility operating license and
any person(s) whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
via electronic submission through the
NRC E-filing system 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 person(s) 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
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Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order. As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner 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.
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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 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.
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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
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-
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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
license amendment application, see the
application for amendment dated
February 29, 2008, 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 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, 301–415–4737, or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 5th day
of March 2008.
For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Plant Licensing
Branch III–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–4913 Filed 3–11–08; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket No. PAPO–001; ASLBP No. 08–861–
01–PAPO–BD01]
Atomic Safety and Licensing Board; In
the Matter of: U.S. Department of
Energy: (High-Level Waste Repository:
Pre-Application Matters, Advisory
PAPO Board); Notice and
Memorandum (Requesting Information
From Potential Parties)
March 6, 2008.
Before Administrative Judges: Thomas S.
Moore, Chairman; G. Paul Bollwerk, III; E.
Roy Hawkens.
I. Introduction
On December 13, 2007, the
Commission authorized the
establishment of an Advisory PreLicense Application Presiding Officer
Board (Advisory PAPO Board) to obtain
input from potential parties 1 on the
broad range of procedural matters
expected to arise from, and associated
case management requirements that
could be imposed in, any adjudication
regarding an application by the
Department of Energy (DOE) for
authorization to construct a high-level
waste (HLW) repository at Yucca
Mountain, Nevada.2 Pursuant to this
authority, this Board was established on
February 13, 2008.3 This memorandum
is the first request from this Board for
information from potential parties to the
HLW repository proceeding on the
construction permit application of
DOE.4
II. Requests for Information
A. Request for Information From Any
Potential Parties
The Nuclear Waste Policy Act of
1982, as amended, sets a three-year time
period, with the possibility of a one-year
extension, for the NRC to review and
make a licensing determination on the
application for the construction of the
1 ‘‘Potential party,’’ as it is used here, means DOE,
the NRC Staff, the State of Nevada, and any person
or entity that meets the definitions of ‘‘party,’’
‘‘potential party,’’ or ‘‘interested governmental
participant’’ under 10 CFR 2.1001.
2 Staff Requirements Memorandum COMSECY–
07–0030—Requesting Authority to Issue Case
Management Orders in High-Level Waste
Proceeding Prior to the Issuance of a Notice of
Opportunity for Hearing (Dec. 13, 2007).
3 See 73 FR 9358 (Feb. 20, 2008).
4 To ensure a wide dissemination of this
Memorandum, it is being published in the Federal
Register. It is also being served on the service list
for the PAPO proceeding, docket number PAPO–00,
which the Secretary of the Commission has
incorporated as the initial service list for this
proceeding.
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HLW repository.5 Appendix D of 10
CFR Part 2 establishes a schedule, based
upon the time period prescribed by the
Nuclear Waste Policy Act, for the
adjudication arising from challenges to
the DOE license application, and 10
CFR 2.1026 mandates that licensing
boards in the HLW proceeding meet this
schedule.6
The schedule in the Commission’s
regulations is rigorous, considering the
potential complexity of the HLW
proceeding,7 with initial deadlines for
the filing of contentions, answers to
those contentions, and replies to
answers due in relatively short order
following the issuance of the initial
hearing opportunity notice. Pursuant to
10 CFR 2.309(b)(2), potential parties
(i.e., petitioners) must file petitions to
intervene containing contentions within
30 days of the date of publication of the
Notice of Opportunity for Hearing in the
Federal Register.8 Thereafter, Appendix
D requires applicant DOE, the NRC staff,
and any other potential party
challenging the admission of
contentions to file answers to any
intervention petitions within 25 days.9
After DOE, the NRC staff, and any other
potential party challenging contention
admissibility file their answers,
potential parties (i.e., petitioners) have 7
days within which to file replies.10
If potential parties request extensions
of time for filing answers or replies, the
authority of any licensing board is
expressly limited to extensions of an
additional 15 days.11 All requests for
extensions of time in excess of 15 days
must be referred to the Commission.12
As a consequence, if licensing boards
are to manage realistically these
proceedings within the schedule set out
in Appendix D, it is imperative that
procedural standards be developed at
the outset to organize potential party
submissions.
Before we request input on such
procedural standards from potential
parties, however, we need a realistic
estimation of the scope of the challenge
we (and the potential parties) face.
Accordingly, we request the following:
1. Each potential party considering
filing a petition to intervene should
5 Nuclear Waste Policy Act of 1982, as amended,
section 114(d), 42 U.S.C. 10134(d).
6 See 10 CFR Part 2, App. D; 10 CFR 2.1026(a).
7 The Commission has acknowledged the
potential complexity of the HLW repository
proceeding. See 69 FR 2182, 2204 (Jan. 14, 2004).
8 10 CFR 2.309(b)(2)
9 CFR Part 2, App. D (Day 55).
10 Id. (Day 62).
11 CFR 2.1026(b)(1).
12 10 CFR 2.1026(b)(2).
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13253-13256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4913]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-315 and 50-316]
Indiana Michigan Power Company; Notice of Consideration of
Issuance of Amendments to Facility Operating Licenses, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of a amendments
[[Page 13254]]
to Facility Operating License Nos. DPR-58 and DPR-74 issued to Indiana
Michigan Power Company (the licensee) for operation of the Donald C.
Cook Nuclear Plant, Units 1 and 2, located in Berrien County, Michigan.
The proposed amendment would revise the licensing basis for ice
condenser ice fusion time following normal maintenance of a portion of
the ice baskets. Specifically, the licensee proposed to revise the
Updated Final Safety Analysis Report to allow plant operation during
the 5-week period following ice basket maintenance based on
conservatisms in the original ice basket seismic testing, practical
experience with ice fusion gained through decades of ice condenser
operation, and design features of the ice condenser. As an additional
conservatism, in the event of an operating basis earthquake, or greater
seismic disturbance, within 5 weeks of loading ice baskets, the ice
condenser would be inspected within 24 hours to ensure that no ice
fallout has occurred that could impede proper functioning of the ice
condenser lower inlet doors.
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. Does the proposed change involve a significant increase in
the probability of occurrence or consequences of an accident
previously evaluated?
Response: No.
The previously evaluated accidents of concern regarding the
proposed change to licensing basis requirements for the ice
condenser are a loss of coolant accident (LOCA) and a main steam
line break (MSLB) in containment. The ice condenser will not
initiate a previously evaluated accident and provides no function
until mitigation of a LOCA or MSLB in containment is required.
Therefore, a change to the ice condenser design or licensing basis
does not significantly impact the probability of occurrence of an
accident previously evaluated.
Following the proposed amendment, the licensing basis would
allow plant operation to continue during the five weeks following
ice loading with procedural requirements to inspect the ice
condenser within 24 hours following an OBE or greater seismic
disturbance. With these changes, the ice condenser is still expected
to perform its mitigation function under all circumstances following
a LOCA or MSLB. Therefore, the proposed amendment does not involve a
significant increase in the consequences of an accident previously
evaluated.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed amendment does not change the design function or
operation of any system, structure, or component (SSC). The proposed
amendment does not affect the capability of the ice condenser or
other SSCs to perform their function. As a result, no new failure
mechanisms, malfunctions, or accident initiators are created.
Therefore, the proposed amendment does not create the possibility of
a new or different kind of accident from any accident previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed amendment involves no change in the capability of
an SSC. Under the proposed amendment, the ice condenser would remain
fully capable of performing its design function under credible
circumstances. Therefore, there is no significant reduction in a
margin of safety as a result of the proposed amendment.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 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 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
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
person(s) may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any
person(s) whose interest may be affected by this proceeding and who
wishes to participate as a party in the proceeding must file a written
request via electronic submission through the NRC E-filing system 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 person(s) 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
[[Page 13255]]
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a request for a hearing or petition
for leave to intervene is filed by the above date, the Commission or a
presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order. As required
by 10 CFR 2.309, a petition for leave to intervene shall set forth with
particularity the interest of the petitioner in the proceeding, and how
that interest may be affected by the results of the proceeding. The
petition should specifically explain the reasons why intervention
should be permitted with particular reference to the following general
requirements: (1) The name, address and telephone number of the
requestor or petitioner; (2) the nature of the requestor's/petitioner's
right under the Act to be made a party to the proceeding; (3) the
nature and extent of the requestor's/petitioner's property, financial,
or other interest in the proceeding; and (4) the possible effect of any
decision or order which may be entered in the proceeding on the
requestor's petitioner's interest. The petition must also identify the
specific contentions which the petitioner/requestor seeks to have
litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner 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-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-
[[Page 13256]]
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 license amendment
application, see the application for amendment dated February 29, 2008,
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 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, 301-415-
4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 5th day of March 2008.
For the Nuclear Regulatory Commission.
Peter S. Tam,
Senior Project Manager, Plant Licensing Branch III-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-4913 Filed 3-11-08; 8:45 am]
BILLING CODE 7590-01-P
