James A. Fitzpatrick Nuclear Power Plant; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 18008-18010 [E8-6791]
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18008
Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices
1. The title of the information
collection: 10 CFR Part 61—Licensing
Requirements for Land Disposal of
Radioactive Waste.
2. Current OMB approval number:
3150–0135.
3. How often the collection is
required: Applications for licenses are
submitted as needed. Other reports are
submitted annually and as other events
require.
4. Who is required or asked to report:
Applicants for and holders of an NRC
license (to include Agreement States) for
land disposal of low-level radioactive
waste; and all generators, collectors, and
processors of low-level waste intended
for disposal at a low-level waste facility.
5. The number of annual respondents:
4.
6. The number of hours needed
annually to complete the requirement or
request: 5,412 hours (56 hours for
reporting [approximately 4.6 hours per
response] and 5,356 hours for
recordkeeping [approximately 1,339
hours per recordkeeper]).
7. Abstract: 10 CFR Part 61 establishes
the procedures, criteria, and license
terms and conditions for the land
disposal of low-level radioactive waste.
Reporting and recordkeeping
requirements are mandatory or, in the
case of application submittals, are
required to obtain a benefit. The
information collected in the
applications, reports, and records is
evaluated by the NRC to ensure that the
licensee’s or applicant’s physical plant,
equipment, organization, training,
experience, procedures, and plans
provide an adequate level of protection
of public health and safety, common
defense and security, and the
environment.
Submit, by June 2, 2008, comments
that address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
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document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions about the
information collection requirements
may be directed to the NRC Clearance
Officer, Margaret A. Janney (T–5 F52),
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, by
telephone at 301–415–7245, or by e-mail
to INFOCOLLECTS@NRC.GOV.
Dated at Rockville, Maryland, this 27th day
of March 2008.
For the Nuclear Regulatory Commission.
Gregory Trussell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–6783 Filed 4–1–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–333]
James A. Fitzpatrick Nuclear Power
Plant; Notice of Consideration of
Issuance of Amendment to Facility
Operating License, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License No. DPR–
59 issued to Entergy Nuclear
Operations, Inc. (the licensee) for
operation of the James A. FitzPatrick
Nuclear Power Plant (JAFNPP) located
in Oswego County, New York.
The proposed amendment would
revise the Technical Specifications (TS)
Surveillance Requirement (SR) 3.1.3.2
frequency in TS 3.1.3, ‘‘Control Rod
OPERABILITY’’ from ‘‘7 days after the
control rod is withdrawn and
THERMAL POWER is greater than the
[Low Power Setpoint] LPSP of [Rod
Worth Minimizer] RWM’’ to ‘‘31 days
after the control rod is withdrawn and
THERMAL POWER is greater than the
LPSP of the RWM’’ and revise Example
1.4–3 in Section 1.4 ‘‘Frequency’’ to
clarify the applicability of the 1.25
surveillance test interval extension. The
proposed amendment does not adopt
the clarification of Source Range
Monitor (SRM) TS action for inserting
control rods. This clarification was
previously adopted during the JAFNPP
conversion to Improved Standard
Technical Specifications, TS Section
3.3.1.2, required Action E.2, ‘‘Source
Range Monitoring [SRM]
Instrumentation’’ and associated bases
were clarified to state fully insert all
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insertable control rods for the limiting
condition for operation.
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 by a reference to
a generic analysis published in the
Federal Register on November 13, 2007
(72 FR 63935), which is presented
below:
Criterion 1—The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
The proposed change generically
implements [Technical Specification Task
Force] TSTF–475, Revision 1, ‘‘Control Rod
Notch Testing Frequency and SRM Insert
Control Rod Action.’’ TSTF–475, Revision 1
modifies NUREG–1433 (BWR/4) and
NUREG–1434 (BWR/6) STS. The changes: (1)
Revise TS testing frequency for surveillance
requirement (SR) 3.1.3.2 in TS 3.1.3, ‘‘Control
Rod OPERABILITY’’, [* * *], and (3) revise
Example 1.4–3 in Section 1.4 ‘‘Frequency’’ to
clarify the applicability of the 1.25
surveillance test interval extension. The
consequences of an accident after adopting
TSTF–475, Revision 1 are no different than
the consequences of an accident prior to
adoption. Therefore, this change does not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
Criterion 2—The Proposed Change Does Not
Create the Possibility of a New or Different
Kind of Accident From Any Accident
Previously Evaluated
The proposed change does not involve a
physical alteration of the plant (no new or
different type of equipment will be installed)
or a change in the methods governing normal
plant operation. The proposed change will
not introduce new failure modes or effects
and will not, in the absence of other
unrelated failures, lead to an accident whose
consequences exceed the consequences of
accidents previously analyzed. Thus, this
change does not create the possibility of a
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new or different kind of accident from any
accident previously evaluated.
Criterion 3—The Proposed Change Does Not
Involve a Significant Reduction in [a] Margin
of Safety
TSTF–475, Revision 1 will: (1) revise the
TS SR 3.1.3.2 frequency in TS 3.1.3, ‘‘Control
Rod OPERABILITY’’, [* * *], and (3) revise
Example 1.4–3 in Section 1.4 ‘‘Frequency’’ to
clarify the applicability of the 1.25
surveillance test interval extension. The GE
Nuclear Energy Report, ‘‘CRD [Control Rod
Drive] Notching Surveillance Testing for
Limerick Generating Station,’’ dated
November 2006, concludes that extending
the control rod notch test interval from
weekly to monthly is not expected to impact
the reliability of the scram system and that
the analysis supports the decision to change
the surveillance frequency. Therefore, the
proposed changes in TSTF–475, Revision 1
[* * *] do not involve a significant reduction
in a 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 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
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
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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
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
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18009
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.
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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices
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/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
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15:36 Apr 01, 2008
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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
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
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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 7, 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 25th day
of March 2008.
For the Nuclear Regulatory Commission.
˜
Adrian Muniz,
Project Manager, Plant Licensing Branch I–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E8–6791 Filed 4–1–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–423–OLA; ASLBP No. 08–
862–01–OLA–BD01]
Dominion Nuclear Connecticut Inc.;
Establishment of Atomic Safety and
Licensing Board
Pursuant to delegation by the
Commission dated December 29, 1972,
published in the Federal Register, 37 FR
28,710 (1972), and the Commission’s
regulations, see 10 CFR 2.104, 2.300,
2.303, 2.309, 2.311, 2.318, and 2.321,
notice is hereby given that an Atomic
Safety and Licensing Board is being
established to preside over the following
proceeding: Dominion Nuclear
Connecticut, Inc. (Millstone Power
Station, Unit No. 3).
This proceeding concerns a Petition to
Intervene and Request for Hearing
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]]>Agencies
[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Notices]
[Pages 18008-18010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6791]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-333]
James A. Fitzpatrick Nuclear Power Plant; Notice of Consideration
of Issuance of Amendment to Facility Operating License, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-59 issued to Entergy Nuclear Operations, Inc. (the licensee) for
operation of the James A. FitzPatrick Nuclear Power Plant (JAFNPP)
located in Oswego County, New York.
The proposed amendment would revise the Technical Specifications
(TS) Surveillance Requirement (SR) 3.1.3.2 frequency in TS 3.1.3,
``Control Rod OPERABILITY'' from ``7 days after the control rod is
withdrawn and THERMAL POWER is greater than the [Low Power Setpoint]
LPSP of [Rod Worth Minimizer] RWM'' to ``31 days after the control rod
is withdrawn and THERMAL POWER is greater than the LPSP of the RWM''
and revise Example 1.4-3 in Section 1.4 ``Frequency'' to clarify the
applicability of the 1.25 surveillance test interval extension. The
proposed amendment does not adopt the clarification of Source Range
Monitor (SRM) TS action for inserting control rods. This clarification
was previously adopted during the JAFNPP conversion to Improved
Standard Technical Specifications, TS Section 3.3.1.2, required Action
E.2, ``Source Range Monitoring [SRM] Instrumentation'' and associated
bases were clarified to state fully insert all insertable control rods
for the limiting condition for operation.
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 by a reference to a generic
analysis published in the Federal Register on November 13, 2007 (72 FR
63935), which is presented below:
Criterion 1--The Proposed Change Does Not Involve a Significant
Increase in the Probability or Consequences of an Accident Previously
Evaluated
The proposed change generically implements [Technical
Specification Task Force] TSTF-475, Revision 1, ``Control Rod Notch
Testing Frequency and SRM Insert Control Rod Action.'' TSTF-475,
Revision 1 modifies NUREG-1433 (BWR/4) and NUREG-1434 (BWR/6) STS.
The changes: (1) Revise TS testing frequency for surveillance
requirement (SR) 3.1.3.2 in TS 3.1.3, ``Control Rod OPERABILITY'',
[* * *], and (3) revise Example 1.4-3 in Section 1.4 ``Frequency''
to clarify the applicability of the 1.25 surveillance test interval
extension. The consequences of an accident after adopting TSTF-475,
Revision 1 are no different than the consequences of an accident
prior to adoption. Therefore, this change does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
Criterion 2--The Proposed Change Does Not Create the Possibility of a
New or Different Kind of Accident From Any Accident Previously
Evaluated
The proposed change does not involve a physical alteration of
the plant (no new or different type of equipment will be installed)
or a change in the methods governing normal plant operation. The
proposed change will not introduce new failure modes or effects and
will not, in the absence of other unrelated failures, lead to an
accident whose consequences exceed the consequences of accidents
previously analyzed. Thus, this change does not create the
possibility of a
[[Page 18009]]
new or different kind of accident from any accident previously
evaluated.
Criterion 3--The Proposed Change Does Not Involve a Significant
Reduction in [a] Margin of Safety
TSTF-475, Revision 1 will: (1) revise the TS SR 3.1.3.2
frequency in TS 3.1.3, ``Control Rod OPERABILITY'', [* * *], and (3)
revise Example 1.4-3 in Section 1.4 ``Frequency'' to clarify the
applicability of the 1.25 surveillance test interval extension. The
GE Nuclear Energy Report, ``CRD [Control Rod Drive] Notching
Surveillance Testing for Limerick Generating Station,'' dated
November 2006, concludes that extending the control rod notch test
interval from weekly to monthly is not expected to impact the
reliability of the scram system and that the analysis supports the
decision to change the surveillance frequency. Therefore, the
proposed changes in TSTF-475, Revision 1 [* * *] do not involve a
significant reduction in a 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 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 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.
[[Page 18010]]
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-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 7, 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 25th day of March 2008.
For the Nuclear Regulatory Commission.
Adrian Mu[ntilde]iz,
Project Manager, Plant Licensing Branch I-1, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-6791 Filed 4-1-08; 8:45 am]
BILLING CODE 7590-01-P
