Tennessee Valley Authority; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 51014-51016 [E8-20118]
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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
Tennessee Valley Authority; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
process (CLIIP) for amending licensees’
TSs, which included a model safety
evaluation (SE) and model no
significant hazards consideration
(NSHC) determination. The NRC staff
subsequently issued a notice of
availability of the models for referencing
in license amendment applications in
the Federal Register on January 17,
2007 (72 FR 2022), which included the
resolution of public comments on the
model SE and model NSHC
determination. The licensee affirmed
the applicability of the following NSHC
determination in its application dated
October 26, 2007.
As required by 10 CFR 50.91(a), an
analysis of the issue of no significant
hazards consideration is presented
below:
The U.S. Nuclear Regulatory
Commission (NRC, or the Commission)
is considering issuance of an
amendment to Facility Operating
License No. NPF–90 issued to
Tennessee Valley Authority (the
licensee) for operation of the Watts Bar
Nuclear Plant Unit 1 located in Rhea
County, Tennessee.
The proposed amendment would
revise the Technical Specification (TS)
requirements related to control room
envelope (CRE) habitability in
accordance with the NRC-approved
Revision 3 of Technical Specification
Task Force (TSTF) Standard Technical
Specifications (STS) Change Traveler
TSTF–448, ‘‘Control Room
Habitability.’’
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.
The NRC staff published a notice of
opportunity for comment in the Federal
Register on October 17, 2006 (71 FR
61075), on possible license amendments
adopting TSTF–448 using the NRC’s
consolidated line-item improvement
Criterion 1—The Proposed Change Does Not
Involve a Significant Increase in the
Probability or Consequences of an Accident
Previously Evaluated
The proposed change does not adversely
affect accident initiators or precursors nor
alter the design assumptions, conditions, or
configuration of the facility. The proposed
change does not alter or prevent the ability
of structures, systems, and components
(SSCs) to perform their intended function to
mitigate the consequences of an initiating
event within the assumed acceptance limits.
The proposed change revises the TS for the
CRE emergency ventilation system, which is
a mitigation system designed to minimize
unfiltered air leakage into the CRE and to
filter the CRE atmosphere to protect the CRE
occupants in the event of accidents
previously analyzed. An important part of
the CRE emergency ventilation system is the
CRE boundary. The CRE emergency
ventilation system is not an initiator or
precursor to any accident previously
evaluated. Therefore, the probability of any
accident previously evaluated is not
increased. Performing tests to verify the
operability of the CRE boundary and
implementing a program to assess and
maintain CRE habitability ensure that the
CRE emergency ventilation system is capable
of adequately mitigating radiological
consequences to CRE occupants during
accident conditions, and that the CRE
emergency ventilation system will perform as
assumed in the consequence analyses of
design basis accidents. Thus, the
consequences of any accident previously
evaluated are not increased. Therefore, the
proposed 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 impact the
accident analysis. The proposed change does
not alter the required mitigation capability of
the CRE emergency ventilation system, or its
functioning during accident conditions as
Ron Naveen,
Permit No. 2009–015
Nadene G. Kennedy,
Permit Officer.
[FR Doc. E8–20096 Filed 8–28–08; 8:45 am]
BILLING CODE 7555–01–P
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assumed in the licensing basis analyses of
design basis accident radiological
consequences to CRE occupants. No new or
different accidents result from performing the
new surveillance or following the new
program. The proposed change does not
involve a physical alteration of the plant (i.e.,
no new or different type of equipment will
be installed) or a significant change in the
methods governing normal plant operation.
The proposed change does not alter any
safety analysis assumptions and is consistent
with current plant operating practice.
Therefore, this change does not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
Criterion 3—The Proposed Change Does Not
Involve a Significant Reduction in the Margin
of Safety
The proposed change does not alter the
manner in which safety limits, limiting safety
system settings or limiting conditions for
operation as determined. The proposed
change does not affect safety analysis
acceptance criteria. The proposed change
will not result in plant operation in a
configuration outside the design basis for an
unacceptable period of time without
compensatory measures. The proposed
change does not adversely affect systems that
respond to safely shut down the plant and to
maintain the plant in a safe shutdown
condition. Therefore, the proposed change
does 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
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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
O1F21, 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
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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
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51015
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
hearing.docket@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
Viewer TM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms Viewer TM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
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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.
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
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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
October 26, 2007, 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.resource@nrc.gov.
Dated at Rockville, Maryland, this 25th day
of August 2008.
For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Watts Bar Special
Projects Branch, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–20118 Filed 8–28–08; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[EA–08–225]
In the Matter of Certain Licensees
Authorized To Possess and Transfer
Items Containing Radioactive Material
Quantities of Concern; Order Imposing
Additional Security Measures
(Effective Immediately)
I
The Licensees identified in
Attachment A 1 to this Order, hold
licenses issued by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) or an Agreement State, in
accordance with the Atomic Energy Act
of 1954, as amended, and 10 CFR Parts
30, 32, 70 and 71, or equivalent
Agreement State regulations. The
licenses authorize them to possess and
transfer items containing radioactive
material quantities of concern. This
Order is being issued to all such
Licensees who may transport
radioactive material quantities of
concern under the NRC’s authority to
protect the common defense and
security, which has not been
relinquished to the Agreement States.
The Orders require compliance with
specific additional security measures to
enhance the security for transport of
certain radioactive material quantities of
concern.
II
On September 11, 2001, terrorists
simultaneously attacked targets in New
York, NY, and Washington, DC,
utilizing large commercial aircraft as
weapons. In response to the attacks and
intelligence information subsequently
obtained, the Commission issued a
number of Safeguards and Threat
Advisories to Licensees in order to
strengthen Licensees’ capabilities and
readiness to respond to a potential
attack on this regulated activity. The
Commission has also communicated
with other Federal, State and local
government agencies and industry
representatives to discuss and evaluate
the current threat environment in order
to assess the adequacy of the current
security measures. In addition, the
Commission commenced a
comprehensive review of its safeguards
and security programs and
requirements.
As a result of its initial consideration
of current safeguards and security
requirements, as well as a review of
information provided by the intelligence
community, the Commission has
1 Attachment A contains sensitive information
and will not be released to the public.
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]]>Agencies
[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 51014-51016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20118]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-390]
Tennessee Valley Authority; 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.
NPF-90 issued to Tennessee Valley Authority (the licensee) for
operation of the Watts Bar Nuclear Plant Unit 1 located in Rhea County,
Tennessee.
The proposed amendment would revise the Technical Specification
(TS) requirements related to control room envelope (CRE) habitability
in accordance with the NRC-approved Revision 3 of Technical
Specification Task Force (TSTF) Standard Technical Specifications (STS)
Change Traveler TSTF-448, ``Control Room Habitability.''
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.
The NRC staff published a notice of opportunity for comment in the
Federal Register on October 17, 2006 (71 FR 61075), on possible license
amendments adopting TSTF-448 using the NRC's consolidated line-item
improvement process (CLIIP) for amending licensees' TSs, which included
a model safety evaluation (SE) and model no significant hazards
consideration (NSHC) determination. The NRC staff subsequently issued a
notice of availability of the models for referencing in license
amendment applications in the Federal Register on January 17, 2007 (72
FR 2022), which included the resolution of public comments on the model
SE and model NSHC determination. The licensee affirmed the
applicability of the following NSHC determination in its application
dated October 26, 2007.
As required by 10 CFR 50.91(a), an analysis of the issue of no
significant hazards consideration 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 does not adversely affect accident
initiators or precursors nor alter the design assumptions,
conditions, or configuration of the facility. The proposed change
does not alter or prevent the ability of structures, systems, and
components (SSCs) to perform their intended function to mitigate the
consequences of an initiating event within the assumed acceptance
limits. The proposed change revises the TS for the CRE emergency
ventilation system, which is a mitigation system designed to
minimize unfiltered air leakage into the CRE and to filter the CRE
atmosphere to protect the CRE occupants in the event of accidents
previously analyzed. An important part of the CRE emergency
ventilation system is the CRE boundary. The CRE emergency
ventilation system is not an initiator or precursor to any accident
previously evaluated. Therefore, the probability of any accident
previously evaluated is not increased. Performing tests to verify
the operability of the CRE boundary and implementing a program to
assess and maintain CRE habitability ensure that the CRE emergency
ventilation system is capable of adequately mitigating radiological
consequences to CRE occupants during accident conditions, and that
the CRE emergency ventilation system will perform as assumed in the
consequence analyses of design basis accidents. Thus, the
consequences of any accident previously evaluated are not increased.
Therefore, the proposed 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 impact the accident analysis. The
proposed change does not alter the required mitigation capability of
the CRE emergency ventilation system, or its functioning during
accident conditions as assumed in the licensing basis analyses of
design basis accident radiological consequences to CRE occupants. No
new or different accidents result from performing the new
surveillance or following the new program. The proposed change does
not involve a physical alteration of the plant (i.e., no new or
different type of equipment will be installed) or a significant
change in the methods governing normal plant operation. The proposed
change does not alter any safety analysis assumptions and is
consistent with current plant operating practice. Therefore, this
change does not create the possibility of a new or different kind of
accident from any accident previously evaluated.
Criterion 3--The Proposed Change Does Not Involve a Significant
Reduction in the Margin of Safety
The proposed change does not alter the manner in which safety
limits, limiting safety system settings or limiting conditions for
operation as determined. The proposed change does not affect safety
analysis acceptance criteria. The proposed change will not result in
plant operation in a configuration outside the design basis for an
unacceptable period of time without compensatory measures. The
proposed change does not adversely affect systems that respond to
safely shut down the plant and to maintain the plant in a safe
shutdown condition. Therefore, the proposed change does 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
[[Page 51015]]
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
O1F21, 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.
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
hearing.docket@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
[[Page 51016]]
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 October 26, 2007,
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.resource@nrc.gov.
Dated at Rockville, Maryland, this 25th day of August 2008.
For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Watts Bar Special Projects Branch, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-20118 Filed 8-28-08; 8:45 am]
BILLING CODE 7590-01-P
