In the Matter of Dominion Nuclear North Anna, LLC, Virginia Electric and Power Company, and Old Dominion Electric Cooperative (ESP for North Anna ESP Site); Order Approving Transfer of Early Site Permit and Conforming Amendment, 65889-65890 [E8-26368]
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Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices
hearing, the provisions specified in
Section IV above shall be final 20 days
from the date of this Order without
further order or proceedings. If an
extension of time for requesting a
hearing has been approved, the
provisions specified in Section IV shall
be final when the extension expires if a
hearing request has not been received.
An answer or a request for hearing shall
not stay the immediate effectiveness of
this order.
Dated this 21st day of October 2008.
For the U.S. Nuclear Regulatory
Commission.
Charles L. Miller,
Deputy Director, Office of Federal and State
Materials, and Environmental Management
Programs.
[FR Doc. E8–26375 Filed 11–4–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–008; Early Site Permit]
In the Matter of Dominion Nuclear
North Anna, LLC, Virginia Electric and
Power Company, and Old Dominion
Electric Cooperative (ESP for North
Anna ESP Site); Order Approving
Transfer of Early Site Permit and
Conforming Amendment
I.
hsrobinson on PROD1PC76 with NOTICES
Dominion Nuclear North Anna, LLC
(DNNA) holds Early Site Permit 003
(ESP–003) issued on November 27,
2007, pursuant to Section 52.24
‘‘Issuance of Early Site Permit,’’ of Title
10 of the Code of Federal Regulations
(10 CFR Section 52.24). The permit
expires on November 27, 2027.
II.
Under cover of a letter dated April 24,
2008, DNNA, Virginia Electric and
Power Company, doing business as
Dominion Virginia Power (DVP), and
Old Dominion Electric Cooperative
(ODEC), submitted an application
requesting an order consenting to the
transfer of ESP–003 from DNNA to DVP
and ODEC. The application also
requests approval of a conforming
amendment to ESP–003 to delete
references to DNNA, reflect DVP and
ODEC as the permit holders, and delete
certain provisions that are no longer
applicable because they applied only to
DNNA. According to the application,
transfer of the early site permit to DVP
and ODEC will allow DVP to take
advantage of the incentives and rate
treatment afforded under new
legislation enacted by the
Commonwealth of Virginia to regulated
VerDate Aug<31>2005
17:24 Nov 04, 2008
Jkt 217001
public utilities. DVP is a regulated
public utility in Virginia. Additionally,
DVP and ODEC are the owners of the
North Anna Power Station (NAPS) and
DVP is the licensed operator of the
existing nuclear units at that site.
Further, DVP and ODEC submitted a
joint application on November 27, 2007,
for a combined license (COL) for a new
Unit 3 at NAPS. According to the
application, transferring the ESP to DVP
and ODEC will consolidate the
responsibility for the ESP and the COL
application into entities that are seeking
a license to own and operate the new
unit, and will thus facilitate the
licensing process. To effectuate DVP’s
assumption of responsibilities for
activities previously performed by
DNNA, DNNA will be merged into DVP
with DVP being the surviving entity.
DVP will then assume all of DNNA’s
rights and obligations, including all
rights and obligations under the ESP.
The merger will become effective after
receipt of required regulatory approvals,
which include in addition to this Order,
approval of the merger by the Virginia
State Corporation Commission and the
North Carolina Utilities Commission.
The applicants requested approval of
the transfer of the ESP and conforming
amendment pursuant to 10 CFR 52.28,
10 CFR 50.80, and 10 CFR 50.90.
Notice of the request for approval and
opportunity for a hearing were
published in the Federal Register on
August 27, 2008 (73 FR 50647). No
comments and no requests for hearing
or petitions for leave to intervene were
received.
Pursuant to 10 CFR 52.28 and 10 CFR
50.80, no ESP, shall be transferred,
directly or indirectly, through transfer of
control of the ESP to any person, unless
the Commission gives its consent in
writing. Upon review of the information
in the application and other information
before the Commission, and relying
upon the representations and
agreements contained in the
application, the NRC staff has
determined that DVP and ODEC are
qualified to hold ESP–003, and the
transfer of ESP–003, as proposed in the
application is otherwise consistent with
applicable provisions of law,
regulations, and orders issued by the
Commission. The NRC staff has also
found that the application for the
proposed conforming amendment to the
ESP complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations set
forth in 10 CFR Chapter I; activities at
the site will be in conformity with the
application, the provisions of the Act,
and the rules and regulations of the
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
65889
Commission; there is reasonable
assurance that the activities authorized
by the proposed ESP conforming
amendment can be conducted without
endangering the health and safety of the
public and that such activities will be
conducted in compliance with the
Commission’s regulations; the issuance
of the proposed conforming amendment
will not be inimical to the common
defense and security or to the health
and safety of the public; and issuance of
the proposed amendment will be in
accordance with 10 CFR Part 51 of the
Commission’s regulations and all
applicable requirements have been
satisfied.
The findings set forth above are
supported by an NRC safety evaluation
dated October 6, 2008.
III.
Accordingly, pursuant to Sections
161b, 161i, and 184 of the Act, 42 U.S.C.
Sections 2201(b), 2201(i), and 2234; 10
CFR 52.28 and 10 CFR 50.80, it is hereby
ordered that the transfer of the ESP, as
described herein, to Virginia Electric
and Power Company doing business as
Dominion Virginia Power (DVP), and
the Old Dominion Electric Cooperative
(ODEC) is approved.
It is further ordered that, consistent
with 10 CFR 2.1315(b), a conforming
amendment that makes changes as
indicated in Enclosure 2 to the cover
letter forwarding this Order, to conform
the ESP to reflect the subject permit
transfer is approved. The amendment
shall be issued and made effective at the
time such proposed ESP transfer is
completed.
It is further ordered that DVP and
ODEC shall inform the Director of the
Office of New Reactors in writing of the
date of the merger of DNNA into DVP
no later than 5 business days prior to
the closing of the merger and transfer of
the ESP. Should the transfer of the ESP
not be completed by October 30, 2009,
this Order shall become null and void,
provided however, that upon written
application and good cause shown, such
date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this
action, see the application dated April
24, 2008, and the safety evaluation
dated October 6, 2008, which are
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland, and accessible
electronically from the Agencywide
Documents Access and Management
System (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
E:\FR\FM\05NON1.SGM
05NON1
65890
Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices
reading-rm/adams.html. The documents
are also available at https://www.nrc.gov/
reactors/new-licensing/esp.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.
accordance with the requirements of
Title 10 Code of Federal Regulations
(CFR), Part 51 (10 CFR Part 51). Based
on the EA, the NRC has concluded that
a Finding of No Significant Impact
(FONSI) is appropriate with respect to
the proposed action. The license will be
amended following the publication of
this FONSI and EA in the Federal
Register.
Dated at Rockville, Maryland this 30th day
of October 2008.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Director, Office of New Reactors.
[FR Doc. E8–26368 Filed 11–4–08; 8:45 am]
II. Environmental Assessment
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–04781]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials;
License No. 21–00182–03, for
Unrestricted Release of the Pharmacia
& Upjohn Company LLC; Facility in
Kalamazoo, MI
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
hsrobinson on PROD1PC76 with NOTICES
William Snell, Senior Health Physicist,
Decommissioning Branch, Division of
Nuclear Materials Safety, Region III,
U.S. Nuclear Regulatory Commission,
2443 Warrenville Road, Lisle, Illinois
60532; telephone: (630) 829–9871; fax
number: (630) 515–1259; or by e-mail at
william.snell@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend Byproduct Materials License No.
21–00182–03. This license is held by
Pharmacia & Upjohn Company LLC (the
Licensee), and authorizes the use of
byproduct materials within Building
267 (the Facility), located at 333 Portage
Street, Kalamazoo, Michigan.
Amendment of the license would
authorize release of the Facility for
unrestricted use. The Licensee
requested this action in a letter dated
July 9, 2008 (ADAMS Accession No.
ML081920702). The NRC has prepared
an Environmental Assessment (EA) in
support of this proposed action in
17:24 Nov 04, 2008
Jkt 217001
The proposed action would approve
the Licensee’s July 9, 2008, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. 21–00182–03 was issued on
April 24, 1958, pursuant to 10 CFR Part
30, and has been amended periodically
since that time. The license authorizes
the use of byproduct materials for
conducting research and development.
The Facility is a six-story steel frame
building on a 39-acre pharmaceutical
research and development campus
comprised of offices and laboratories
located in a primarily commercial area.
The Licensee ceased using licensed
materials in the Facility in April 2008,
and has conducted final status surveys
of the Facility. The results of these
surveys along with other supporting
information were provided to the NRC
to demonstrate that the criteria in
Subpart E of 10 CFR Part 20 for
unrestricted release have been met.
Need for the Proposed Action
FOR FURTHER INFORMATION CONTACT:
VerDate Aug<31>2005
Identification of Proposed Action
The licensee has ceased conducting
licensed activities at the Facility, and
seeks the unrestricted use of its Facility.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days: Hydrogen3 and carbon-14. Prior to performing the
final status survey, the Licensee
conducted decontamination activities,
as necessary, in the areas of the Facility
affected by these radionuclides.
The Licensee conducted onsite final
status surveys on the Facility during
April, May and June 2008. The final
status survey report was attached to the
Licensee’s amendment request dated
July 9, 2008. The Licensee elected to
demonstrate compliance with the
radiological criteria for unrestricted
release as specified in 10 CFR 20.1402
by using the screening approach
described in NUREG–1757,
‘‘Consolidated Decommissioning
Guidance,’’ Volume 2. The Licensee
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
used the radionuclide-specific derived
concentration guideline levels (DCGLs),
developed there by the NRC, which
comply with the dose criterion in 10
CFR 20.1402. These DCGLs define the
maximum amount of residual
radioactivity on building surfaces,
equipment, and materials, and in soils,
that will satisfy the NRC requirements
in Subpart E of 10 CFR Part 20 for
unrestricted release. The Licensee’s
final status survey results were below
these DCGLs and are in compliance
with the As Low As Reasonably
Achievable (ALARA) requirement of 10
CFR 20.1402. The NRC thus finds that
the Licensee’s final status survey results
are acceptable.
Based on its review, the staff
determined that the affected
environment and any environmental
impacts associated with the proposed
action are bounded by the impacts
evaluated by the ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facility’’ (NUREG–
1496) Volumes 1–3 (ML042310492,
ML042320379, and ML042330385). The
staff finds there were no significant
environmental impacts from the use of
radioactive material at the Facility. The
NRC staff reviewed the docket file
records and the final status survey
report to identify any non-radiological
hazards that may have impacted the
environment surrounding the Facility.
No such hazards or impacts to the
environment were identified. The NRC
has identified no other radiological or
non-radiological activities in the area
that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
amendment of the license and release of
the Facility for unrestricted use is in
compliance with 10 CFR Part 20. Based
on its review, the staff considered the
impact of the residual radioactivity at
the Facility and concluded that the
proposed action will not have a
significant effect on the quality of the
human environment.
Environmental Impacts of the
Alternatives to the Proposed Action
Due to the largely administrative
nature of the proposed action, its
environmental impacts are small.
Therefore, the only alternative the staff
considered is the no-action alternative,
under which the staff would leave
things as they are by simply denying the
amendment request. This no-action
alternative is not feasible because it
conflicts with 10 CFR 30.36(d) requiring
that decommissioning of byproduct
material Facility be completed and
E:\FR\FM\05NON1.SGM
05NON1
]]>Agencies
[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65889-65890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26368]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-008; Early Site Permit]
In the Matter of Dominion Nuclear North Anna, LLC, Virginia
Electric and Power Company, and Old Dominion Electric Cooperative (ESP
for North Anna ESP Site); Order Approving Transfer of Early Site Permit
and Conforming Amendment
I.
Dominion Nuclear North Anna, LLC (DNNA) holds Early Site Permit 003
(ESP-003) issued on November 27, 2007, pursuant to Section 52.24
``Issuance of Early Site Permit,'' of Title 10 of the Code of Federal
Regulations (10 CFR Section 52.24). The permit expires on November 27,
2027.
II.
Under cover of a letter dated April 24, 2008, DNNA, Virginia
Electric and Power Company, doing business as Dominion Virginia Power
(DVP), and Old Dominion Electric Cooperative (ODEC), submitted an
application requesting an order consenting to the transfer of ESP-003
from DNNA to DVP and ODEC. The application also requests approval of a
conforming amendment to ESP-003 to delete references to DNNA, reflect
DVP and ODEC as the permit holders, and delete certain provisions that
are no longer applicable because they applied only to DNNA. According
to the application, transfer of the early site permit to DVP and ODEC
will allow DVP to take advantage of the incentives and rate treatment
afforded under new legislation enacted by the Commonwealth of Virginia
to regulated public utilities. DVP is a regulated public utility in
Virginia. Additionally, DVP and ODEC are the owners of the North Anna
Power Station (NAPS) and DVP is the licensed operator of the existing
nuclear units at that site. Further, DVP and ODEC submitted a joint
application on November 27, 2007, for a combined license (COL) for a
new Unit 3 at NAPS. According to the application, transferring the ESP
to DVP and ODEC will consolidate the responsibility for the ESP and the
COL application into entities that are seeking a license to own and
operate the new unit, and will thus facilitate the licensing process.
To effectuate DVP's assumption of responsibilities for activities
previously performed by DNNA, DNNA will be merged into DVP with DVP
being the surviving entity. DVP will then assume all of DNNA's rights
and obligations, including all rights and obligations under the ESP.
The merger will become effective after receipt of required regulatory
approvals, which include in addition to this Order, approval of the
merger by the Virginia State Corporation Commission and the North
Carolina Utilities Commission. The applicants requested approval of the
transfer of the ESP and conforming amendment pursuant to 10 CFR 52.28,
10 CFR 50.80, and 10 CFR 50.90.
Notice of the request for approval and opportunity for a hearing
were published in the Federal Register on August 27, 2008 (73 FR
50647). No comments and no requests for hearing or petitions for leave
to intervene were received.
Pursuant to 10 CFR 52.28 and 10 CFR 50.80, no ESP, shall be
transferred, directly or indirectly, through transfer of control of the
ESP to any person, unless the Commission gives its consent in writing.
Upon review of the information in the application and other information
before the Commission, and relying upon the representations and
agreements contained in the application, the NRC staff has determined
that DVP and ODEC are qualified to hold ESP-003, and the transfer of
ESP-003, as proposed in the application is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission. The NRC staff has also found that the application for the
proposed conforming amendment to the ESP complies with the standards
and requirements of the Atomic Energy Act of 1954, as amended (the
Act), and the Commission's rules and regulations set forth in 10 CFR
Chapter I; activities at the site will be in conformity with the
application, the provisions of the Act, and the rules and regulations
of the Commission; there is reasonable assurance that the activities
authorized by the proposed ESP conforming amendment can be conducted
without endangering the health and safety of the public and that such
activities will be conducted in compliance with the Commission's
regulations; the issuance of the proposed conforming amendment will not
be inimical to the common defense and security or to the health and
safety of the public; and issuance of the proposed amendment will be in
accordance with 10 CFR Part 51 of the Commission's regulations and all
applicable requirements have been satisfied.
The findings set forth above are supported by an NRC safety
evaluation dated October 6, 2008.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the Act,
42 U.S.C. Sections 2201(b), 2201(i), and 2234; 10 CFR 52.28 and 10 CFR
50.80, it is hereby ordered that the transfer of the ESP, as described
herein, to Virginia Electric and Power Company doing business as
Dominion Virginia Power (DVP), and the Old Dominion Electric
Cooperative (ODEC) is approved.
It is further ordered that, consistent with 10 CFR 2.1315(b), a
conforming amendment that makes changes as indicated in Enclosure 2 to
the cover letter forwarding this Order, to conform the ESP to reflect
the subject permit transfer is approved. The amendment shall be issued
and made effective at the time such proposed ESP transfer is completed.
It is further ordered that DVP and ODEC shall inform the Director
of the Office of New Reactors in writing of the date of the merger of
DNNA into DVP no later than 5 business days prior to the closing of the
merger and transfer of the ESP. Should the transfer of the ESP not be
completed by October 30, 2009, this Order shall become null and void,
provided however, that upon written application and good cause shown,
such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this action, see the
application dated April 24, 2008, and the safety evaluation dated
October 6, 2008, which are available for public inspection at the
Commission's Public Document Room (PDR), located at One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland, and
accessible electronically from the Agencywide Documents Access and
Management System (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, https://www.nrc.gov/
[[Page 65890]]
reading-rm/adams.html. The documents are also available at https://
www.nrc.gov/reactors/new-licensing/esp.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 30th day of October 2008.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Director, Office of New Reactors.
[FR Doc. E8-26368 Filed 11-4-08; 8:45 am]
BILLING CODE 7590-01-P
