Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear Station, Unit Nos. 1 and 2; Notice of Consideration of Approval of 10 CFR 50.80 Indirect Transfers of Control of Licenses and Opportunity for a Hearing, 71702-71704 [E8-27941]
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jlentini on PROD1PC65 with NOTICES
71702
Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
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
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.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
As an alternative to petitions to
intervene and requests for hearing,
within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
indirect license 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 should be
submitted to the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Attention: Rulemakings
and Adjudications Staff, and should cite
VerDate Aug<31>2005
17:01 Nov 24, 2008
Jkt 217001
the publication date and page number of
this Federal Register notice.
For further details with respect to this
indirect license transfer application, see
the application dated October 3, 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.
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 email to pdr.resource@nrc.gov.
Attorneys for applicants: Daniel F.
Stenger, Hogan & Hartson LLP, 555
Thirteenth Street, NW., Washington, DC
20004, tel: 202–637–5691, e-mail:
DFStenger@hhlaw.com (counsel for
CENG); and John O’Neill, Pillsbury
Winthrop Shaw Pittman LLP, 2300 N
Street, NW., Washington, DC 20037,
telephone 202–663–8148, e-mail:
john.o’neill@pillsburylaw.com (counsel
for MEHC).
Dated at Rockville, Maryland, this, 19th
day of November 2008.
For The Nuclear Regulatory Commission.
Douglas V. Pickett,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–27944 Filed 11–24–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–220 AND 50–410]
Nine Mile Point Nuclear Station, LLC;
Nine Mile Point Nuclear Station, Unit
Nos. 1 and 2; Notice of Consideration
of Approval of 10 CFR 50.80 Indirect
Transfers of Control of Licenses and
Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (NRC, the Commission) is
considering the issuance of an Order
under 10 CFR 50.80 approving the
indirect transfer of Facility Operating
License Nos. DPR–63 and NPF–69 for
the Nine Mile Point Nuclear Station,
Unit Nos. 1 and 2, respectively,
currently held by Nine Mile Point
Nuclear Station, LLC, as owner and
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
licensed operator. Nine Mile Point
Nuclear Station, LLC is currently owned
by Constellation Nuclear Power Plants,
Inc., which is owned by Constellation
Energy Nuclear Group, LLC (CENG).
According to an application for
approval dated October 3, 2008, filed by
CENG and MidAmerican Energy
Holdings Company (MEHC), the indirect
transfers of control would result from
the proposed acquisition by merger of
CENG’s parent corporation,
Constellation Energy Group, Inc. (CEG)
by MEHC. MEHC will indirectly own
100 percent of CEG through its direct
wholly owned subsidiary Constellation
Energy Holdings, LLC, a holding
company.
CEG will remain as the parent
company of CENG and CENG will
remain as the parent company of the
licensee. There will be no direct transfer
of the licenses. Nine Mile Point Nuclear
Station, LLC, will continue to own and
operate the facilities. No physical
changes to the facilities or operational
changes are being proposed in the
application.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the proposed transfer will not affect
the qualifications of the licensee to hold
the license, and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
Orders issued by the Commission
pursuant thereto.
The filing of requests for hearing and
petitions for leave to intervene, and
written comments with regard to the
license transfer application, are
discussed below.
Within 20 days from the date of
publication of this notice, any person(s)
whose interest may be affected by the
Commission’s action on the application
may request a hearing and intervention
via electronic submission through the
NRC E-filing system. Requests for a
hearing and petitions for leave to
intervene should be filed in accordance
with the Commission’s rules of practice
set forth in Subpart C ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR Part 2. In
particular, such requests and petitions
must comply with the requirements set
E:\FR\FM\25NON1.SGM
25NON1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), unless
good cause for failure to file on time is
established. In addition, an untimely
request or petition should address the
factors that the Commission will also
consider, in reviewing untimely
requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)–(viii).
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E–Filing rule,
which the NRC promulgated in August
2007, 72 FR 49139 (Aug. 28, 2007). 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
VerDate Aug<31>2005
17:01 Nov 24, 2008
Jkt 217001
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E–Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E–Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737. Participants
who believe that they have a good cause
for not submitting documents
electronically must file a motion, in
accordance with 10 CFR 2.302(g), with
their initial paper filing requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
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
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
71703
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.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
As an alternative to petitions to
intervene and requests for hearing,
within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
indirect license 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 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.
For further details with respect to this
indirect license transfer application, see
the application dated October 3, 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.
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.resource@nrc.gov.
Attorneys for applicants: Daniel F.
Stenger, Hogan & Hartson LLP, 555
Thirteenth Street, NW., Washington, DC
E:\FR\FM\25NON1.SGM
25NON1
71704
Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
20004, tel: 202.637.5691, e-mail:
DFStenger@hhlaw.com (counsel for
CENG); and John O’Neill, Pillsbury
Winthrop Shaw Pittman LLP, 2300 N
Street, NW., Washington, DC 20037, tel.
202.663.8148, e-mail:
john.o’neill@pillsburylaw.com (counsel
for MEHC).
Dated at Rockville, Maryland this 19th day
of November 2008.
For The Nuclear Regulatory Commission
Richard V. Guzman,
Senior Project Manager, Plant Licensing
Branch I–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–27941 Filed 11–24–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–244]
jlentini on PROD1PC65 with NOTICES
R.E. Ginna Nuclear Power Plant, LLC;
R.E. Ginna Nuclear Power Plant; Notice
of Consideration of Approval of 10
CFR 50.80 Indirect Transfer of Control
of License and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (NRC, the Commission) is
considering the issuance of an Order
under 10 CFR 50.80 approving the
indirect transfer of Facility Operating
License No. DPR–18 for the R.E. Ginna
Nuclear Power Plant, currently held by
R.E. Ginna Nuclear Power Plant, LLC, as
owner and licensed operator. R.E. Ginna
Nuclear Power Plant, LLC is owned by
Constellation Nuclear Power Plants,
Inc., which is owned by Constellation
Energy Nuclear Group, LLC (CENG).
According to an application for
approval dated October 3, 2008, filed by
CENG and MidAmerican Energy
Holdings Company (MEHC), the indirect
transfer of control would result from the
proposed acquisition by merger of
CENG’s parent corporation,
Constellation Energy Group, Inc. (CEG)
by MEHC. MEHC will indirectly own
100 percent of CEG through its direct
wholly owned subsidiary Constellation
Energy Holdings, LLC, a holding
company.
CEG will remain as the parent
company of CENG and CENG will
remain as the parent company of the
licensee. There will be no direct transfer
of the license. R.E. Ginna Nuclear Power
Plant, LLC, will continue to own and
operate the facility. No physical changes
to the facility or operational changes are
being proposed in the application.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
VerDate Aug<31>2005
17:01 Nov 24, 2008
Jkt 217001
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. The
Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the proposed transfer will not affect
the qualifications of the licensee to hold
the license, and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and
Orders issued by the Commission
pursuant thereto.
The filing of requests for hearing and
petitions for leave to intervene, and
written comments with regard to the
license transfer application, are
discussed below.
Within 20 days from the date of
publication of this notice, any person(s)
whose interest may be affected by the
Commission’s action on the application
may request a hearing and intervention
via electronic submission through the
NRC E-filing system. Requests for a
hearing and petitions for leave to
intervene should be filed in accordance
with the Commission’s rules of practice
set forth in Subpart C ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR Part 2. In
particular, such requests and petitions
must comply with the requirements set
forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), unless
good cause for failure to file on time is
established. In addition, an untimely
request or petition should address the
factors that the Commission will also
consider, in reviewing untimely
requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)–(viii).
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007, 72 FR 49139 (Aug. 28, 2007). 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
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
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.
E:\FR\FM\25NON1.SGM
25NON1
]]>Agencies
[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71702-71704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27941]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-220 AND 50-410]
Nine Mile Point Nuclear Station, LLC; Nine Mile Point Nuclear
Station, Unit Nos. 1 and 2; Notice of Consideration of Approval of 10
CFR 50.80 Indirect Transfers of Control of Licenses and Opportunity for
a Hearing
The U.S. Nuclear Regulatory Commission (NRC, the Commission) is
considering the issuance of an Order under 10 CFR 50.80 approving the
indirect transfer of Facility Operating License Nos. DPR-63 and NPF-69
for the Nine Mile Point Nuclear Station, Unit Nos. 1 and 2,
respectively, currently held by Nine Mile Point Nuclear Station, LLC,
as owner and licensed operator. Nine Mile Point Nuclear Station, LLC is
currently owned by Constellation Nuclear Power Plants, Inc., which is
owned by Constellation Energy Nuclear Group, LLC (CENG).
According to an application for approval dated October 3, 2008,
filed by CENG and MidAmerican Energy Holdings Company (MEHC), the
indirect transfers of control would result from the proposed
acquisition by merger of CENG's parent corporation, Constellation
Energy Group, Inc. (CEG) by MEHC. MEHC will indirectly own 100 percent
of CEG through its direct wholly owned subsidiary Constellation Energy
Holdings, LLC, a holding company.
CEG will remain as the parent company of CENG and CENG will remain
as the parent company of the licensee. There will be no direct transfer
of the licenses. Nine Mile Point Nuclear Station, LLC, will continue to
own and operate the facilities. No physical changes to the facilities
or operational changes are being proposed in the application.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
transfer will not affect the qualifications of the licensee to hold the
license, and that the transfer is otherwise consistent with applicable
provisions of law, regulations, and Orders issued by the Commission
pursuant thereto.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission through the NRC E-filing system. Requests for a hearing and
petitions for leave to intervene should be filed in accordance with the
Commission's rules of practice set forth in Subpart C ``Rules of
General Applicability: Hearing Requests, Petitions to Intervene,
Availability of Documents, Selection of Specific Hearing Procedures,
Presiding Officer Powers, and General Hearing Management for NRC
Adjudicatory Hearings,'' of 10 CFR Part 2. In particular, such requests
and petitions must comply with the requirements set
[[Page 71703]]
forth in 10 CFR 2.309. Untimely requests and petitions may be denied,
as provided in 10 CFR 2.309(c)(1), unless good cause for failure to
file on time is established. In addition, an untimely request or
petition should address the factors that the Commission will also
consider, in reviewing untimely requests or petitions, set forth in 10
CFR 2.309(c)(1)(i)-(viii).
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007). 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 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.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
As an alternative to petitions to intervene and requests for
hearing, within 30 days from the date of publication of this notice,
persons may submit written comments regarding the indirect license
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 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.
For further details with respect to this indirect license transfer
application, see the application dated October 3, 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. 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.resource@nrc.gov.
Attorneys for applicants: Daniel F. Stenger, Hogan & Hartson LLP,
555 Thirteenth Street, NW., Washington, DC
[[Page 71704]]
20004, tel: 202.637.5691, e-mail: DFStenger@hhlaw.com (counsel for
CENG); and John O'Neill, Pillsbury Winthrop Shaw Pittman LLP, 2300 N
Street, NW., Washington, DC 20037, tel. 202.663.8148, e-mail:
john.o'neill@pillsburylaw.com (counsel for MEHC).
Dated at Rockville, Maryland this 19th day of November 2008.
For The Nuclear Regulatory Commission
Richard V. Guzman,
Senior Project Manager, Plant Licensing Branch I-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E8-27941 Filed 11-24-08; 8:45 am]
BILLING CODE 7590-01-P
