Duke Power Company LLC d/b/a Duke Energy Carolinas, LLC; Notice of Docketing, Notice of Proposed Action, and Notice of Opportunity for a Hearing for Renewal of Special Nuclear Material License SNM-2503 for the Oconee Nuclear Generating Station Independent Spent Fuel Storage Installation, 33462-33465 [E8-13198]
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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 ten
(10) 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
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sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737. Participants
who believe that they have a good cause
for not submitting documents
electronically must file a motion, in
accordance with 10 CFR 2.302(g), with
their initial paper filing requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville, Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
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.
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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 July
16, 2007, as supplemented June 2, 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 6th day
of June 2008.
For the Nuclear Regulatory Commission.
Lois M. James,
Chief, Plant Licensing Branch III–1, Division
of Operating Reactor Licensing, Office of
Nuclear Reactor Regulation.
[FR Doc. E8–13197 Filed 6–11–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–4]
Duke Power Company LLC d/b/a Duke
Energy Carolinas, LLC; Notice of
Docketing, Notice of Proposed Action,
and Notice of Opportunity for a
Hearing for Renewal of Special Nuclear
Material License SNM–2503 for the
Oconee Nuclear Generating Station
Independent Spent Fuel Storage
Installation
Nuclear Regulatory
Commission.
AGENCY:
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
Notice of license renewal, and
opportunity to request a hearing.
ACTION:
A request for hearing and/or
petition for leave to intervene must be
filed by August 11, 2008.
FOR FURTHER INFORMATION CONTACT:
Ronald A. Burrows, Project Manager,
Licensing Branch, Division of Spent
Fuel Storage and Transportation, Office
of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001. Telephone: (301) 492–3335; fax
number: (301) 492–3348; e-mail:
ronald.burrows@nrc.gov.
DATES:
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or Commission) is
considering an application dated
January 30, 2008, from Duke Power
Company LLC d/b/a Duke Energy
Carolinas, LLC (applicant or Duke) for
the renewal of its Special Nuclear
Material License No. SNM–2503, under
the provisions of 10 CFR part 72, for the
receipt, possession, storage and transfer
of spent fuel, reactor-related Greater
than Class C (GTCC) waste and other
radioactive materials associated with
spent fuel storage at the Oconee Nuclear
Station (ONS) Independent Spent Fuel
Storage Installation (ISFSI), located at
the ONS site in Oconee County, South
Carolina. If granted, the renewed license
will authorize the applicant to continue
to store spent fuel in a dry cask storage
system at the applicant’s ONS ISFSI.
Pursuant to the provisions of 10 CFR
72.42, the renewal term of the license
for the ISFSI would be twenty (20)
years; however, the applicant has
submitted a separate exemption request
with the license renewal application,
which, if granted, would allow the
license to be renewed for 40 years. This
application was docketed under 10 CFR
part 72; the ISFSI Docket No. is 72–4.
An NRC administrative review,
documented in a letter to Duke dated
April 24, 2008, found that the
application contains sufficient
information for the NRC staff to begin its
technical review. The Commission will
approve the license renewal application
if it determines that the application
meets the standards and requirements of
the Atomic Energy Act of 1954, as
amended (the Act) and the
Commission’s regulations, including the
findings required by 10 CFR 72.40.
These findings will be documented in a
Safety Evaluation Report. The NRC will
complete an environmental evaluation,
in accordance with 10 CFR Part 51, to
determine if the preparation of an
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environmental impact statement is
warranted or if an environmental
assessment and finding of no significant
impact are appropriate. This action will
be the subject of a subsequent notice in
the Federal Register.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that
this is a proceeding on an application
for the renewal of Special Nuclear
Material License No. SNM–2503 issued
to Duke for its ISFSI located at the ONS
site in Oconee County, South Carolina.
Any person whose interest may be
affected by this proceeding, and who
desires to participate as a party, must
file a request for a hearing and a
specification of the contentions which
the person seeks to have litigated in the
hearing, in accordance with the NRC EFiling rule, which the NRC promulgated
on August 28, 2007 (72 FR 49139). All
documents filed in NRC adjudicatory
proceedings, including documents filed
by interested governmental entities
participating under 10 CFR 2.315(c) and
any motion or other document filed in
the proceeding prior to the submission
of a request for hearing or petition to
intervene, must be filed in accordance
with the E-Filing rule. The E-Filing rule
requires participants to submit and
serve all adjudicatory 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 ten
(10) 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 Identification (ID) certificate,
which allows the participant (or its
counsel or representative) to digitally
sign documents and access the ESubmittal 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/
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33463
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
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:
Rulemakings 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:
Rulemakings and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
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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
Social Security 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 submission.
The formal requirements for
documents contained in 10 CFR
2.304(c)–(e) must be met. If the NRC
grants an electronic document
exemption in accordance with 10 CFR
2.302(g)(3), then the requirements for
paper documents, set forth in 10 CFR
2.304(b) must be met.
In accordance with 10 CFR 2.309(b),
a request for a hearing must be filed by
August 11, 2008.
In addition to meeting other
applicable requirements of 10 CFR
2.309, the general requirements
involving a request for a hearing filed by
a person other than an applicant must
state:
1. The name, address, and telephone
number of the requestor;
2. The nature of the requestor’s right
under the Act to be made a party to the
proceeding;
3. The nature and extent of the
requestor’s property, financial or other
interest in the proceeding;
4. The possible effect of any decision
or order that may be issued in the
proceeding on the requestor’s interest;
and
5. The circumstances establishing that
the request for a hearing is timely in
accordance with 10 CFR 2.309(b).
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In accordance with 10 CFR 2.309(f)(1),
a request for hearing or petitions for
leave to intervene must set forth with
particularity the contentions sought to
be raised. For each contention, the
request or petition must:
1. Provide a specific statement of the
issue of law or fact to be raised or
controverted;
2. Provide a brief explanation of the
basis for the contention;
3. Demonstrate that the issue raised in
the contention is within the scope of the
proceeding;
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requestor’s or petitioner’s
position on the issue and on which the
requestor or petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. This information must include
references to specific portions of the
application (including the applicant’s
environmental report and safety report)
that the requestor or petitioner disputes
and the supporting reasons for each
dispute or, if the requestor or petitioner
believes the application fails to contain
information on a relevant matter as
required by law, the identification of
each failure and the supporting reasons
for the requestor’s or petitioner’s belief.
In addition, in accordance with 10
CFR 2.309(f)(2), contentions must be
based on documents or other
information available at the time the
request or petition is to be filed, such as
the application, supporting safety
analysis report, environmental report or
other supporting document filed by the
applicant, or otherwise available to the
requestor or petitioner. On issues arising
under the National Environmental
Policy Act, the requestor or petitioner
shall file contentions based on the
applicant’s environmental report. The
requestor or petitioner may amend those
contentions or file new contentions if
there are data or conclusions in the NRC
draft or final environmental impact
statement or if appropriate, the
environmental assessment and
associated draft or final finding of no
significant impact, or any supplements
relating thereto, that differ significantly
from the data or conclusions in the
applicant’s documents. Otherwise,
contentions may be amended or new
contentions filed after the initial filing
only with leave of the presiding officer.
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Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
1. Technical—primarily concerns
issues relating to matters discussed or
referenced in the Safety Evaluation
Report for the proposed action.
2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. Emergency Planning—primarily
concerns issues relating to matters
discussed or referenced in the
Emergency Plan as it relates to the
proposed action.
4. Physical Security—primarily
concerns issues relating to matters
discussed or referenced in the Physical
Security Plan as it relates to the
proposed action.
5. Miscellaneous—does not fall into
one of the categories outlined above. If
the requestor or petitioner believes a
contention raises issues that cannot be
classified as primarily falling into one of
these categories, the requestor or
petitioner must set forth the contention
and supporting bases, in full, separately
for each category into which the
requestor or petitioner asserts the
contention belongs with a separate
designation for that category.
Requestors or petitioners should,
when possible, consult with each other
in preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requestors or petitioners
is designated the lead representative.
Further, in accordance with 10 CFR
2.309(f)(3), any requestor or petitioner
that wishes to adopt a contention
proposed by another requestor or
petitioner must do so, in accordance
with the E-Filing rule, within ten days
of the date the contention is filed, and
designate a representative who shall
have the authority to act for the
requestor or petitioner.
In accordance with 10 CFR 2.309(g),
a request for hearing or a petition for
leave to intervene may also address the
selection of hearing procedures, taking
into account the provisions of 10 CFR
2.310.
III. Further Information
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
documents. The ADAMS accession
numbers for the documents related to
this notice are: License Renewal
Application dated January 30, 2008
(ML081280084) and the acceptance
review letter dated April 24, 2008
(ML081200183). If you do not have
access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
Public Document Room (PDR) Reference
staff at 1–800–397–4209, 301–415–4737
or by e-mail to pdr.resource@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Rockville, Maryland, this 30th day
of May 2008.
For the Nuclear Regulatory Commission.
Ronald A. Burrows,
Project Manager, Licensing Branch, Division
of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E8–13198 Filed 6–11–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Final Regulatory Guide: Issuance,
Availability
U.S. Nuclear Regulatory
Commission.
ACTION: Issuance, Availability of
Regulatory Guide 4.21.
AGENCY:
mstockstill on PROD1PC66 with NOTICES
FOR FURTHER INFORMATION CONTACT:
Edward O’Donnell, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
6265 or e-mail to
Edward.ODonnell@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Nuclear Regulatory Commission (NRC)
is issuing a new regulatory guide, RG
4.21, ‘‘Minimization of Contamination
and Radioactive Waste Generation: LifeCycle Planning.’’ The NRC’s regulatory
guides describe and make available to
the public information such as methods
that are acceptable to the NRC staff for
implementing specific parts of the
agency’s regulations, techniques that the
staff uses in evaluating specific
problems or postulated accidents, and
data that the staff needs in its review of
applications for permits and licenses.
This guide describes a method that
the staff of the NRC considers
acceptable for use in implementation of
Title 10 of the Code of Federal
Regulations, Section 20.1406 (10 CFR
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21:47 Jun 11, 2008
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20.1406), ‘‘Minimization of
Contamination.’’ Section 20.1406
requires applicants for licenses, design
certification, approval of standard
designs, and manufacturing licenses
under 10 CFR Part 52, ‘‘Early Site
Permits; Standard Design Certifications;
and Combined Licenses for Nuclear
Power Plants,’’ to submit information
with regard to design and operational
procedures for (1) minimizing
radioactive waste generation,
contamination of the facility and the
environment, and (2) facilitating
decommissioning.
In July 2007, the NRC published a
draft of this guide as DG–4012. The
public comment period closed on
November 1, 2007. The staff’s responses
to the public comments are located in
the NRC’s Agencywide Documents
Access and Management System
(ADAMS), Accession Number
ML080700256.
Electronic copies of RG 4.21 are
available through the NRC’s public Web
site under ‘‘Regulatory Guides’’ at
https://www.nrc.gov/reading-rm/doccollections/.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR), which is
located at 11555 Rockville Pike,
Rockville, Maryland. The PDR’s mailing
address is USNRC PDR, Washington, DC
20555–0001. The PDR can also be
reached by telephone at (301) 415–4737
or (800) 397–4209, by fax at (301) 415–
3548, and by e-mail to PDR@nrc.gov.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
Dated at Rockville, Maryland, this 5th day
of June, 2008.
For the Nuclear Regulatory Commission.
Makuteswara Srinivasan,
Regulatory Guide Development Branch,
Division of Engineering, Office of Nuclear
Regulatory Research.
[FR Doc. E8–13217 Filed 6–11–08; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2008–8, CP2008–9 and
CP2008–10; Order No. 81]
Global Plus Postal Contracts
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
SUMMARY: This document announces the
filing of three Postal Service notices
regarding Global Plus contracts and
related Commission review. Publication
of this document satisfies procedural
requirements. It also allows interested
persons an opportunity to comment.
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33465
Postal Service filings are due
June 13, 2008. Public comments are due
June 19, 2008.
DATES:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
On June 2,
2008, the Postal Service filed three
notices, which have been assigned to
Docket Nos. CP2008–8, CP2008–9 and
CP2008–10, announcing prices and
classification changes for competitive
products not of general applicability.
The notice in Docket No. CP2008–8
informs the Commission that ‘‘the
Governors have established prices and
classifications for competitive products
not of general applicability for Global
Plus Contracts.’’ 1 The Postal Service
attached a revision of the draft Mail
Classification Schedule (MCS) (section
2610.5) concerning Global Plus
contracts to the Notice.2 Docket No.
CP2008–8 has been filed pursuant to 39
U.S.C. 3632(b)(3) and 39 CFR 3015.5
and 3020.90. In support of this docket,
the Postal Service has also filed
materials under seal, including the
Governors’ decision. The Postal Service
claims that ‘‘[c]ontract prices are highly
confidential in the business world
* * * [and that its] ability * * * to
negotiate individual contracts would be
severely compromised if prices for these
types of agreements were publicly
disclosed.’’ Notice at 1–2.
The notices in Docket Nos. CP2008–
9 and CP2008–10 announce individual
negotiated service agreements, namely,
specific Global Plus contracts that the
Postal Service has entered into with
individual mailers.3 In support of these
dockets, the Postal Service has also filed
materials, including the contracts and
SUPPLEMENTARY INFORMATION:
1 Notice of United States Postal Service of
Governors’ Decision Establishing Prices and
Classifications for Global Plus Contracts, June 2,
2008, at 1 (Notice).
2 The draft MCS remains under review. The
Commission anticipates providing interested
persons an opportunity to comment on the draft
MCS in the near future. Modifications to the MCS,
such as proposed in Docket No. CP2008–8, should,
in the future, be filed in the dockets designated by
the ‘‘MC’’ prefix. Contracts executed pursuant to
those requested classifications are appropriately
filed as ‘‘CP’’ dockets.
3 Docket No. CP2008–9, Notice of United States
Postal Service Filing of a Global Plus Contract, June
2, 2008 (Docket No. CP2008–9 Pricing Notice);
Docket No. CP2008–10, Notice of United States
Postal Service of Filing a Global Plus Contract, June
2, 2008 (Docket No. CP2008–10 Pricing Notice).
E:\FR\FM\12JNN1.SGM
12JNN1
]]>Agencies
[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Notices]
[Pages 33462-33465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13198]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-4]
Duke Power Company LLC d/b/a Duke Energy Carolinas, LLC; Notice
of Docketing, Notice of Proposed Action, and Notice of Opportunity for
a Hearing for Renewal of Special Nuclear Material License SNM-2503 for
the Oconee Nuclear Generating Station Independent Spent Fuel Storage
Installation
AGENCY: Nuclear Regulatory Commission.
[[Page 33463]]
ACTION: Notice of license renewal, and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATES: A request for hearing and/or petition for leave to intervene
must be filed by August 11, 2008.
FOR FURTHER INFORMATION CONTACT: Ronald A. Burrows, Project Manager,
Licensing Branch, Division of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 492-
3335; fax number: (301) 492-3348; e-mail: ronald.burrows@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or Commission) is
considering an application dated January 30, 2008, from Duke Power
Company LLC d/b/a Duke Energy Carolinas, LLC (applicant or Duke) for
the renewal of its Special Nuclear Material License No. SNM-2503, under
the provisions of 10 CFR part 72, for the receipt, possession, storage
and transfer of spent fuel, reactor-related Greater than Class C (GTCC)
waste and other radioactive materials associated with spent fuel
storage at the Oconee Nuclear Station (ONS) Independent Spent Fuel
Storage Installation (ISFSI), located at the ONS site in Oconee County,
South Carolina. If granted, the renewed license will authorize the
applicant to continue to store spent fuel in a dry cask storage system
at the applicant's ONS ISFSI. Pursuant to the provisions of 10 CFR
72.42, the renewal term of the license for the ISFSI would be twenty
(20) years; however, the applicant has submitted a separate exemption
request with the license renewal application, which, if granted, would
allow the license to be renewed for 40 years. This application was
docketed under 10 CFR part 72; the ISFSI Docket No. is 72-4.
An NRC administrative review, documented in a letter to Duke dated
April 24, 2008, found that the application contains sufficient
information for the NRC staff to begin its technical review. The
Commission will approve the license renewal application if it
determines that the application meets the standards and requirements of
the Atomic Energy Act of 1954, as amended (the Act) and the
Commission's regulations, including the findings required by 10 CFR
72.40. These findings will be documented in a Safety Evaluation Report.
The NRC will complete an environmental evaluation, in accordance with
10 CFR Part 51, to determine if the preparation of an environmental
impact statement is warranted or if an environmental assessment and
finding of no significant impact are appropriate. This action will be
the subject of a subsequent notice in the Federal Register.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for the renewal of Special Nuclear Material License No.
SNM-2503 issued to Duke for its ISFSI located at the ONS site in Oconee
County, South Carolina. Any person whose interest may be affected by
this proceeding, and who desires to participate as a party, must file a
request for a hearing and a specification of the contentions which the
person seeks to have litigated in the hearing, in accordance with the
NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR
49139). All documents filed in NRC adjudicatory proceedings, including
documents filed by interested governmental entities participating under
10 CFR 2.315(c) and any motion or other document filed in the
proceeding prior to the submission of a request for hearing or petition
to intervene, must be filed in accordance with the E-Filing rule. The
E-Filing rule requires participants to submit and serve all
adjudicatory 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
ten (10) 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 Identification (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: Rulemakings 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: Rulemakings and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the
[[Page 33464]]
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 Social
Security 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 submission.
The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in
accordance with 10 CFR 2.302(g)(3), then the requirements for paper
documents, set forth in 10 CFR 2.304(b) must be met.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by August 11, 2008.
In addition to meeting other applicable requirements of 10 CFR
2.309, the general requirements involving a request for a hearing filed
by a person other than an applicant must state:
1. The name, address, and telephone number of the requestor;
2. The nature of the requestor's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requestor's property, financial or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requestor's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309(f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requestor's or petitioner's position on the
issue and on which the requestor or petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application (including the applicant's environmental report and safety
report) that the requestor or petitioner disputes and the supporting
reasons for each dispute or, if the requestor or petitioner believes
the application fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requestor's or petitioner's belief.
In addition, in accordance with 10 CFR 2.309(f)(2), contentions
must be based on documents or other information available at the time
the request or petition is to be filed, such as the application,
supporting safety analysis report, environmental report or other
supporting document filed by the applicant, or otherwise available to
the requestor or petitioner. On issues arising under the National
Environmental Policy Act, the requestor or petitioner shall file
contentions based on the applicant's environmental report. The
requestor or petitioner may amend those contentions or file new
contentions if there are data or conclusions in the NRC draft or final
environmental impact statement or if appropriate, the environmental
assessment and associated draft or final finding of no significant
impact, or any supplements relating thereto, that differ significantly
from the data or conclusions in the applicant's documents. Otherwise,
contentions may be amended or new contentions filed after the initial
filing only with leave of the presiding officer.
Each contention shall be given a separate numeric or alpha
designation within one of the following groups:
1. Technical--primarily concerns issues relating to matters
discussed or referenced in the Safety Evaluation Report for the
proposed action.
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. Emergency Planning--primarily concerns issues relating to
matters discussed or referenced in the Emergency Plan as it relates to
the proposed action.
4. Physical Security--primarily concerns issues relating to matters
discussed or referenced in the Physical Security Plan as it relates to
the proposed action.
5. Miscellaneous--does not fall into one of the categories outlined
above. If the requestor or petitioner believes a contention raises
issues that cannot be classified as primarily falling into one of these
categories, the requestor or petitioner must set forth the contention
and supporting bases, in full, separately for each category into which
the requestor or petitioner asserts the contention belongs with a
separate designation for that category.
Requestors or petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requestors or petitioners is designated the lead representative.
Further, in accordance with 10 CFR 2.309(f)(3), any requestor or
petitioner that wishes to adopt a contention proposed by another
requestor or petitioner must do so, in accordance with the E-Filing
rule, within ten days of the date the contention is filed, and
designate a representative who shall have the authority to act for the
requestor or petitioner.
In accordance with 10 CFR 2.309(g), a request for hearing or a
petition for leave to intervene may also address the selection of
hearing procedures, taking into account the provisions of 10 CFR 2.310.
III. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public
[[Page 33465]]
documents. The ADAMS accession numbers for the documents related to
this notice are: License Renewal Application dated January 30, 2008
(ML081280084) and the acceptance review letter dated April 24, 2008
(ML081200183). If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by e-mail to pdr.resource@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's PDR, O 1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction
contractor will copy documents for a fee.
Dated at Rockville, Maryland, this 30th day of May 2008.
For the Nuclear Regulatory Commission.
Ronald A. Burrows,
Project Manager, Licensing Branch, Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E8-13198 Filed 6-11-08; 8:45 am]
BILLING CODE 7590-01-P
