Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 50649-50651 [E8-19838]
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
Register and served on the parties to the
hearing.
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
permit transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
are not subject to the E-Filing rule and
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice. Comments may also be sent by
e-mail to hearingdocket@nrc.gov.
For further details with respect to this
permit transfer application, see the
application dated April 24, 2008,
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland.
Publicly available records will be
accessible electronically from the
Agency wide 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.
The accession number for the
application is ML081210412. The
application is also available at https://
www.nrc.gov/reactors/new-licensing/
col.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737 or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 21st day
of August 2008.
For the Nuclear Regulatory Commission.
Thomas A. Kevern,
Senior Project Manager, ESBWR/ABWR
Projects Branch 1, Division of New Reactor
Licensing, Office of New Reactors.
[FR Doc. E8–19836 Filed 8–26–08; 8:45 am]
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analysis of the issue of no significant
hazards consideration, which is
presented below:
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–247]
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 (NRC or the Commission)
is considering issuance of an
amendment to Facility Operating
License No. DPR–26, issued to Entergy
Nuclear Operations, Inc. (Entergy or the
licensee), for operation of the Indian
Point Nuclear Generating Unit No. 2
(IP2) located in Westchester County,
New York.
The proposed amendment would
change Technical Specification (TS)
3.8.1, Required Action A.4, to allow a
one time extension to the completion
time for the loss of one offsite power
circuit from 72 hours to 144 hours to
support replacement of one of the
station auxiliary transformer (SAT)
cooling oil pumps.
This condition is exigent for IP2, as
the cooling pump failure was not
anticipated and the maintenance is
considered to be urgent. The licensee
estimated that the cooling oil pump
replacement would take about 60 hours,
which leaves little to no margin to the
current 72-hour completion time.
Circumstances such as delays in
removal of old pump or installation of
new pump, or additional work activities
identified when old pump is removed,
or anomalies detected during testing of
the new pump while in place, may
require some extension of the scheduled
work.
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.
Pursuant to 10 CFR 50.91(a)(6) for
amendments to be granted under
exigent circumstances, the NRC staff
must determine that the amendment
request involves no significant hazards
consideration. Under the Commission’s
regulations in 10 CFR 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
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50649
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No. The proposed change will
revise the completion time for the loss of one
offsite power source from 72 hours to 144
hours. The proposed one time extension of
the completion time for the loss of one offsite
power circuit does not significantly increase
the probability of an accident previously
evaluated. The Station Auxiliary Transformer
(SAT) is not the initiator of previously
evaluated accidents involving a loss of offsite
power. The proposed one time extension to
the completion time for loss of offsite power
will not significantly increase the
consequences of an accident previously
evaluated. The Technical Specifications
continue to require equipment needed to
power the 480 V buses that will power safety
related equipment necessary to perform any
required safety function. The one time
extension of the completion time by 72 hours
does not affect the design of the SAT, the
interface of the SAT with other plant
systems, the operating characteristics of the
SAT or the reliability of the SAT. Therefore,
the proposed change does not involve
significant increase in the probability or
consequences of previously evaluated
accidents.
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 change will
only affect the time allowed to restore the
operability of the offsite power source
through the SAT. The proposed changes do
not affect the design, configuration or
operation of the plant. There are no changes
to the SAT or the supporting systems
operating characteristics or conditions.
Therefore, there are no potential new system
interactions or failures that could create the
possibility of a new or different kind of
accident from any accident previously
evaluated. The plant remains analyzed for a
total loss of offsite power.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No. The proposed change will
revise the completion time for an offsite AC
power circuit but does not affect the Limiting
Conditions for Operation used to establish
the margin of safety. The increase in the
completion time increases the period when
the plant may be operating with one offsite
power source. The margin of safety is
maintained by maintaining the ability to
safely shut the plant down and remove
residual heat. Actions will be taken to
perform work during periods of lower risk to
grid stability and to provide assurance that
required equipment is kept operable and
provided with a backup onsite power source
in addition to the normal sources. The
proposed change does not involve a
significant reduction in the margin of safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
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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 14 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 the 14-day notice period.
However, should circumstances change
during the notice period, such that
failure to act in a timely way would
result, for example, in derating or
shutdown of the facility, the
Commission may issue the license
amendment before the expiration of the
14-day notice period, provided that its
final determination is that the
amendment involves no significant
hazards consideration. The final
determination will consider all public
and State comments received. Should
the Commission take this action, it will
publish in the Federal Register a notice
of 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, 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
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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.
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 basis
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/requestor is aware and on
which the petitioner/requestor intends
to rely to establish those facts or expert
opinion. The petitioner/requestor must
provide 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/
requestor 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
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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 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
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complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737. Participants
who believe that they have a good cause
for not submitting documents
electronically must file a motion, in
accordance with 10 CFR 2.302(g), with
their initial paper filing requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
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
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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.
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.
For further details with respect to this
exigent license application, see the
application for amendment dated July
30, 2008, which is available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System’s
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site https://www.nrc.gov/readingrm.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737,
or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 19th day
of August 2008.
For the Nuclear Regulatory Commission.
John P. Boska,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–19838 Filed 8–26–08; 8:45 am]
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50651
NUCLEAR REGULATORY
COMMISSION
[Docket No.: 030–10346; License No.: 50–
16084–01; EA–08–196]
In the Matter of Alaska Industrial XRay, Inc., Anchorage, AK; Order
Modifying License (Effective
Immediately)
I
Alaska Industrial X-Ray, Inc. (AIX or
Licensee) is the holder of Materials
License No. 50–16084–01 issued by the
Nuclear Regulatory Commission (NRC
or Commission) pursuant to 10 CFR
Parts 30–36, 39, 40, and 70 and last
amended on November 2, 2007, and due
to expire on March 31, 2011. The
license authorizes AIX to possess and
use sealed radioactive sources in
conducting industrial radiography
activities in accordance with the
conditions specified therein.
II
In June 2007, the NRC conducted an
onsite inspection and began an
investigation into AIX activities to
determine whether deliberate violations
of NRC requirements occurred. During
the investigation, the NRC discovered
that AIX radiographers had conducted
radiography activities in violation of 10
CFR 34.41(a) on multiple occasions at
the Arctic Slope Regional Corporation
Energy Services (ASRC) site and the
Golovin site, both temporary jobsites. Of
concern is that the NRC previously had
issued an identical violation of 10 CFR
34.41(a) involving deliberate
misconduct at the ASRC site on April
25, 2001 (EA–01–015). Based on the
preliminary information from the
investigation, the NRC issued an Order
Suspending Licensed Activities (EA–
07–261) on October 19, 2007, which,
among other conditions, required that
AIX suspend its radiography activities
until adequate assurance could be
provided by independent means that
AIX would comply with NRC
requirements when conducting licensed
activities. On November 8, 2007, the
NRC relaxed the Order based on several
actions taken and commitments made
by AIX to the NRC. The Order was a
temporary measure while the NRC
completed its investigation and
reviewed the results. Once completed,
the results of the inspection and
investigation were discussed with AIX
during a telephonic exit briefing on
April 23, 2008, and were documented in
NRC Inspection Report No. 030–10346/
07–01 dated May 20, 2008.
On June 5, 2008, a predecisional
enforcement conference (PEC) was
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]]>Agencies
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Pages 50649-50651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19838]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-247]
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 (NRC or the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-26, issued to Entergy Nuclear Operations, Inc. (Entergy or the
licensee), for operation of the Indian Point Nuclear Generating Unit
No. 2 (IP2) located in Westchester County, New York.
The proposed amendment would change Technical Specification (TS)
3.8.1, Required Action A.4, to allow a one time extension to the
completion time for the loss of one offsite power circuit from 72 hours
to 144 hours to support replacement of one of the station auxiliary
transformer (SAT) cooling oil pumps.
This condition is exigent for IP2, as the cooling pump failure was
not anticipated and the maintenance is considered to be urgent. The
licensee estimated that the cooling oil pump replacement would take
about 60 hours, which leaves little to no margin to the current 72-hour
completion time. Circumstances such as delays in removal of old pump or
installation of new pump, or additional work activities identified when
old pump is removed, or anomalies detected during testing of the new
pump while in place, may require some extension of the scheduled work.
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.
Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under
exigent circumstances, the NRC staff must determine that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in 10 CFR 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 or consequences of an accident previously evaluated?
Response: No. The proposed change will revise the completion
time for the loss of one offsite power source from 72 hours to 144
hours. The proposed one time extension of the completion time for
the loss of one offsite power circuit does not significantly
increase the probability of an accident previously evaluated. The
Station Auxiliary Transformer (SAT) is not the initiator of
previously evaluated accidents involving a loss of offsite power.
The proposed one time extension to the completion time for loss of
offsite power will not significantly increase the consequences of an
accident previously evaluated. The Technical Specifications continue
to require equipment needed to power the 480 V buses that will power
safety related equipment necessary to perform any required safety
function. The one time extension of the completion time by 72 hours
does not affect the design of the SAT, the interface of the SAT with
other plant systems, the operating characteristics of the SAT or the
reliability of the SAT. Therefore, the proposed change does not
involve significant increase in the probability or consequences of
previously evaluated accidents.
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 change will only affect the time
allowed to restore the operability of the offsite power source
through the SAT. The proposed changes do not affect the design,
configuration or operation of the plant. There are no changes to the
SAT or the supporting systems operating characteristics or
conditions. Therefore, there are no potential new system
interactions or failures that could create the possibility of a new
or different kind of accident from any accident previously
evaluated. The plant remains analyzed for a total loss of offsite
power.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No. The proposed change will revise the completion
time for an offsite AC power circuit but does not affect the
Limiting Conditions for Operation used to establish the margin of
safety. The increase in the completion time increases the period
when the plant may be operating with one offsite power source. The
margin of safety is maintained by maintaining the ability to safely
shut the plant down and remove residual heat. Actions will be taken
to perform work during periods of lower risk to grid stability and
to provide assurance that required equipment is kept operable and
provided with a backup onsite power source in addition to the normal
sources. The proposed change does not involve a significant
reduction in the margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this
[[Page 50650]]
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 14 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 the 14-day notice period. However, should circumstances
change during the notice period, such that failure to act in a timely
way would result, for example, in derating or shutdown of the facility,
the Commission may issue the license amendment before the expiration of
the 14-day notice period, provided that its final determination is that
the amendment involves no significant hazards consideration. The final
determination will consider all public and State comments received.
Should the Commission take this action, it will publish in the Federal
Register a notice of 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, 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.
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 basis 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/requestor is aware and on
which the petitioner/requestor intends to rely to establish those facts
or expert opinion. The petitioner/requestor must provide 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/
requestor 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
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 NRC-issued 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/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
[[Page 50651]]
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.
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.
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.
For further details with respect to this exigent license
application, see the application for amendment dated July 30, 2008,
which is available for public inspection at the Commission's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible electronically from the
Agencywide Documents Access and Management System's (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site https://
www.nrc.gov/reading-rm.html. Persons who do not have access to ADAMS or
who encounter problems in accessing the documents located in ADAMS
should contact the NRC PDR Reference staff by telephone at 1-800-397-
4209, or 301-415-4737, or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 19th day of August 2008.
For the Nuclear Regulatory Commission.
John P. Boska,
Senior Project Manager, Plant Licensing Branch I-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-19838 Filed 8-26-08; 8:45 am]
BILLING CODE 7590-01-P
