Duke Energy Carolinas, LLC; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 4986-4988 [E9-1775]
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4986
Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
Questions about this cancellation
should be directed to Mr. Andrew
Kugler at 301–415–2828 or via e-mail at
Andrew.Kugler@nrc.gov.
Dated at Rockville, Maryland, this 22nd
day of January 2009.
For the Nuclear Regulatory Commission.
Scott C. Flanders,
Director, Division of Site and Environmental
Reviews, Office of New Reactors.
[FR Doc. E9–1779 Filed 1–27–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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[Docket No. 50–414; NRC–2009–0020]
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Duke Energy Carolinas, LLC; 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 (the Commission) is
considering issuance of an amendment
to Facility Operating License No. NPF–
52 issued to Duke Energy Carolinas, LLC
(the licensee) for operation of the
Catawba Nuclear Station, Unit 2, located
in York County, South Carolina.
The proposed amendment would
allow a one-time limited duration
extension of the Technical Specification
(TS) Surveillance (SR) 3.3.1.4 frequency.
SR 3.3.1.4 is a Trip Actuating Device
Operational Test (TADOT) of the reactor
trip breakers (RTBs) and reactor trip
bypass breakers.
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. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
VerDate Nov<24>2008
17:30 Jan 27, 2009
Jkt 217001
1. Does the proposed amendment involve
a significant increase in the probability
or consequences of an accident
previously evaluated?
Response: No.
The Reactor Trip System (RTS) serves as
accident mitigation equipment and is not
required to function unless an accident
occurs. The reactor trip bypass breakers are
utilized to support testing of the reactor trip
breakers (RTBs) while at power. This
equipment does not affect any accident
initiators or precursors. The proposed
extension of the Technical Specification (TS)
Surveillance Requirement (SR) 3.3.1.4
Frequency for RTBs does not affect its
interaction with any system whose failure or
malfunction could initiate an accident.
Therefore, the probability of an accident
previously evaluated is not significantly
increased.
The risk evaluation performed in support
of this amendment request demonstrates that
the consequences of an accident are not
significantly increased. As such, the
proposed change does not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
2. Does the proposed amendment create
the possibility of a new or different kind
of accident from any previously
evaluated?
Response: No.
This change does not create the possibility
of a new or different kind of accident from
any accident previously evaluated. No new
accident causal mechanisms are created as a
result of the NRC granting of this proposed
change. No changes are being made to the
plant which will introduce any new or
different accident causal mechanisms.
3. Does the proposed amendment involve
a significant reduction in the margin of
safety?
Response: No.
Based on the availability of the RTS
equipment and the low probability of an
accident, Catawba concludes that the
proposed extension of the surveillance test
interval does not result in a significant
reduction in the margin of safety. The margin
of safety is related to the confidence in the
ability of the fission product barriers to
perform their design functions during and
following an accident situation. These
barriers include the fuel cladding, the reactor
coolant system, and the containment system.
The performance of these fission product
barriers will not be significantly impacted by
the proposed change. The risk implications
of this request were evaluated and found to
be acceptable.
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
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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
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, TWB–
05–B01M, 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. 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 O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland.
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license.
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
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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
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.
VerDate Nov<24>2008
17:30 Jan 27, 2009
Jkt 217001
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.
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 on August
28, 2007 (72 FR 49139). The E-Filing
process requires participants to submit
and serve all adjudicatory documents
over the internet, or in some cases to
mail copies on electronic storage media.
Participants may not submit paper
copies of their filings unless they seek
a waiver in accordance with the
procedures described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
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
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
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4987
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.
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
electronic filing Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday.
The electronic filing Help Desk can be
contacted by telephone at 1–866–672–
7640 or by e-mail at
MSHD.Resource@nrc.gov.
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
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4988
Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
(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 or the presiding officer of
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).
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
January 20, 2009, 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 22nd
day of January 2009.
VerDate Nov<24>2008
17:30 Jan 27, 2009
Jkt 217001
For the Nuclear Regulatory Commission.
Robert E. Martin,
Senior Project Manager, Plant Licensing
Branch II–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–1775 Filed 1–27–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–238; NRC–2009–0019]
Nuclear Ship Savannah; Notice of
Receipt and Availability for Comment
of Post Shutdown Decommissioning
Activities Report
AGENCY: U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of Receipt and
availability for public inspection and
comment of Post Shutdown
Decommissioning Activities Report
(PSDAR) for the Nuclear Ship Savannah
(NS Savannah), Facility Operating
License No. NS–1.
SUMMARY: On December 11, 2008, the
U.S. Department of Transportation—
Maritime Administration (MARAD)
submitted its PSDAR for the NS
Savannah. The PSDAR provides an
overview of MARAD’s proposed
decommissioning activities, schedule,
and costs for the NS Savannah. The NS
Savannah was brought to power in 1961
and removed from service in 1970. Final
reactor shutdown occurred in November
1970 and defueling was completed in
fall 1971. The NS Savannah is currently
located at the Canton Marine Terminal
in Baltimore, Maryland. The PSDAR,
dated December 11, 2008, was placed in
NRC’s Agency-wide Document Access
and Management System (ADAMS) with
Accession No. ML083500100.
DATES: Submit comments by February
13, 2009. Comments received after this
date will be considered if it is practical
to do so.
ADDRESSES: The public is invited to
submit comments on the PSDAR.
Comments may be submitted in written
or electronic form. Comments will be
made available for public inspection.
Because your comments will not be
edited to remove any identifying or
contact information, the NRC cautions
you against including any information
in your submission that you do not want
to be publicly disclosed. Written
comments can be mailed to: John T.
Buckley, U.S. Nuclear Regulatory
Commission, Mail Stop T8F5,
Washington, DC 20555–0001. Written
comments can be hand delivered to:
11555 Rockville Pike, Rockville,
PO 00000
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Maryland 20852, between 7:30 a.m. and
4:15 p.m. Federal workdays. The
PSDAR may be viewed electronically on
the public computers located at the
NRC’s Public Document Room (PDR),
Room O1 F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland. The PDR reproduction
contractor will copy the PSDAR for a
fee. The PSDAR is also available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
the public can gain entry into ADAMS,
which provides text and image files of
the PSDAR through Accession No.
ML083500100. If you do not have access
to ADAMS or if there are problems in
accessing the documents located in
ADAMS, contact the PDR Reference
staff at 1–800–397–4209, 301–415–4737
or by e-mail to pdr@nrc.gov.
FOR FURTHER INFORMATION CONTACT: John
T. Buckley, Division of Waste
Management and Environmental
Protection, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Telephone: 301–415–
6607 or Toll Free: 800–368–5642, x–
6607, or e-mail john.buckley@nrc.gov.
Dated at Rockville, Maryland, this 21st day
of January 2009.
For the Nuclear Regulatory Commission.
John T. Buckley,
Senior Project Manager, Decommissioning
and Uranium Licensing Directorate, Division
of Waste Management and Environmental
Protection, Office of Federal and State
Materials and Environmental Management
Programs.
[FR Doc. E9–1778 Filed 1–27–09; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: U.S. Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 15c1–5 OMB Control No. 3235–0471
SEC File No. 270–422.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the existing collection of
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]]>Agencies
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Pages 4986-4988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1775]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-414; NRC-2009-0020]
Duke Energy Carolinas, LLC; 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 (the Commission) is
considering issuance of an amendment to Facility Operating License No.
NPF-52 issued to Duke Energy Carolinas, LLC (the licensee) for
operation of the Catawba Nuclear Station, Unit 2, located in York
County, South Carolina.
The proposed amendment would allow a one-time limited duration
extension of the Technical Specification (TS) Surveillance (SR) 3.3.1.4
frequency. SR 3.3.1.4 is a Trip Actuating Device Operational Test
(TADOT) of the reactor trip breakers (RTBs) and reactor trip bypass
breakers.
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. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The Reactor Trip System (RTS) serves as accident mitigation
equipment and is not required to function unless an accident occurs.
The reactor trip bypass breakers are utilized to support testing of
the reactor trip breakers (RTBs) while at power. This equipment does
not affect any accident initiators or precursors. The proposed
extension of the Technical Specification (TS) Surveillance
Requirement (SR) 3.3.1.4 Frequency for RTBs does not affect its
interaction with any system whose failure or malfunction could
initiate an accident. Therefore, the probability of an accident
previously evaluated is not significantly increased.
The risk evaluation performed in support of this amendment
request demonstrates that the consequences of an accident are not
significantly increased. As such, the proposed change does not
involve a significant increase in the probability or consequences of
an accident previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any previously evaluated?
Response: No.
This change does not create the possibility of a new or
different kind of accident from any accident previously evaluated.
No new accident causal mechanisms are created as a result of the NRC
granting of this proposed change. No changes are being made to the
plant which will introduce any new or different accident causal
mechanisms.
3. Does the proposed amendment involve a significant reduction
in the margin of safety?
Response: No.
Based on the availability of the RTS equipment and the low
probability of an accident, Catawba concludes that the proposed
extension of the surveillance test interval does not result in a
significant reduction in the margin of safety. The margin of safety
is related to the confidence in the ability of the fission product
barriers to perform their design functions during and following an
accident situation. These barriers include the fuel cladding, the
reactor coolant system, and the containment system. The performance
of these fission product barriers will not be significantly impacted
by the proposed change. The risk implications of this request were
evaluated and found to be acceptable.
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 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, TWB-05-B01M, 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. 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 O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license.
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
[[Page 4987]]
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.
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 on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek a waiver in accordance with the procedures
described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
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 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 electronic filing
Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time,
Monday through Friday. The electronic filing Help Desk can be contacted
by telephone at 1-866-672-7640 or by e-mail at MSHD.Resource@nrc.gov.
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
[[Page 4988]]
(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 or the presiding
officer of 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).
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 January 20, 2009,
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 22nd day of January 2009.
For the Nuclear Regulatory Commission.
Robert E. Martin,
Senior Project Manager, Plant Licensing Branch II-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E9-1775 Filed 1-27-09; 8:45 am]
BILLING CODE 7590-01-P
