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, 9009-9011 [E9-4228]
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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices
under 5 U.S.C. 552b(c)(4) and (6) of the
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improperly disclosed.
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:
Dated: February 24, 2009.
Susanne Bolton,
Committee Management Officer.
[FR Doc. E9–4187 Filed 2–26–09; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–369 and 50–370; NRC–
2009–0081]
rwilkins on PROD1PC63 with NOTICES2
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 Nos. NPF–
9 and NPF–17 issued to Duke Energy
Carolinas, LLC (the licensee), for
operation of the McGuire Nuclear
Station, Units 1 and 2, located in
Mecklenburg County, North Carolina.
The proposed amendments revise the
McGuire Nuclear Station, Units 1 and 2,
licensing basis by adopting the
alternative source term (AST)
radiological analysis methodology as
allowed by Title 10 of the Code of
Federal Regulations, Part 50, Section
50.67, ‘‘Accident Source Term, for the
Loss of Coolant Accident.’’ This
amendment request represents full
scope implementation of the AST as
described in NRC Regulatory Guide
1.183, ‘‘Alternative Radiological Source
Terms for Evaluating Design Basis
Accidents at Nuclear Power Reactors,
Revision 0.’’
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)
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1. Does the proposed amendment involve
a significant increase in the probability or
consequences of an accident previously
evaluated?
No. AST is an updated methodology used
to evaluate the dose consequences of the Loss
of Coolant Accident (LOCA). This type of
change is analytical, thus, does not increase
the probability of an accident previously
evaluated. It has been demonstrated that the
dose consequences of the re-analyzed
accident remain within the dose limits of 10
CFR 50.67 and Regulatory Guide 1.183.
This proposed change assumes an increase
in the amount of unfiltered air in-leakage into
the control room. The current Technical
Information Document (TID) based McGuire
dose consequence analysis for the LOCA
assumed control room unfiltered in-leakage
of 10 scfm. Tracer gas testing performed at
McGuire revealed that unfiltered in-leakage
into the control room exceeded this amount
by as much as 167 scfm as discussed in
McGuire’s response to NRC GL 2003–01
dated February 19, 2004. Use of the AST
methodology can accommodate a larger
control room pressurization unfiltered inleakage rate without exceeding any
regulatory dose limits.
A comparison of the AST analysis results
and the TID values (UFSAR Table 15–12)
shows that the EAB and LPZ (off-site) doses
decrease while the control room dose
increases. The new AST based analysis not
only implements changes which affect both
off-site and control room doses, such as the
change in source term methodology, it also
includes changes to the LOCA model which
only impact the control room dose, and are
responsible for the increased result. These
new attributes include a control room inleakage model that reflects the control room
tracer gas testing results and a recomputed
control room shine component of the post
LOCA control room dose. The dose
consequences of the revised analysis,
however, are below the 10 CFR 50.67
acceptance criteria for both off-site and
control room doses and are not considered a
significant increase.
AST radiological methodology does not
adversely affect accident initiators or
precursors. Nor will it alter or prevent the
ability of structures, systems, and
components from performing their intended
function to mitigate the consequences of an
accident.
Therefore, this LAR will not involve a
significant increase in the probability or
consequences of an accident previously
evaluated.
2. Does the LAR create the possibility of a
new or different kind of accident from any
accident previously evaluated?
No. AST is an updated methodology that
was used to re-evaluate the dose
consequences of the McGuire UFSAR
previously analyzed accidents. This new
analysis does not cause any change in the
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9009
post accident operation of any plant system,
structure, or component.
This LAR does not involve an addition or
modification to any plant system, structure,
or component. This change does not affect
the post accident operation of any plant
system, structure, or component as directed
in plant procedures. New or modified
equipment or personnel failure modes that
might initiate a new or different type
accident are not created as a result of the
proposed change.
Therefore, no new or different accident is
created by changing to the AST methodology
prescribed in Regulatory Guide 1.183.
3. Does this LAR involve a significant
reduction in a margin of safety?
No. Margin of safety is related to the
confidence in the ability of the fission
product barriers to perform their design
functions during and following accident
conditions. These barriers include the fuel
cladding, the reactor coolant system, and the
containment system. The proposed reanalysis of the LOCA dose consequences
using AST will have no affect on the
performance of these barriers. This LAR does
not involve an addition or modification to
any plant system, structure, or component.
This change will not affect the post accident
operation of any plant system, structure, or
component as directed in plant procedures.
Therefore, the proposed LAR will not
involve a significant reduction in a margin of
safety.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the
amendment request involves no
significant hazards consideration.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example,
in derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices
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
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
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16:39 Feb 26, 2009
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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.
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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
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
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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices
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
(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).
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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 and
supplements dated March 20, 2008, May
28, 2008, October 6, 2008, December 17,
2008 and February 12, 2009, which are
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 23rd day
of February 2009.
For The Nuclear Regulatory Commission.
John Stang,
Senior Project Manager, Plant Licensing
Branch II–1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–4228 Filed 2–26–09; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon written request, copies available
from: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension: Form F–9, OMB Control No.
3235–0377, SEC File No. 270–333.
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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’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management Budget for extension and
approval.
Form F–9 (17 CFR 239.39) is a
registration statement under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) that is used to register investment
grade debt or investment grade preferred
securities that are offered for cash or in
connection with an exchange, offer and
are either non-convertible or not
convertible for a period of at least one
year from the date of issuance and
thereafter are only convertible into a
security of another class of the issuer.
The purpose of the information
collection is to permit verification of
compliance with securities law
requirements and to assure the public
availability and dissemination of such
information. The principal function of
the Commission’s forms and rules under
the securities laws’ disclosure
provisions is to make information
available to the investors. We estimate
that Form F–9 takes approximately 25
hours per response and it is filed by 18
respondents. We further estimate that
25% of the 25 hours per response (6.25
hours) is prepared by the issuer for an
annual reporting burden of 113 hours
(6.25 hours per response × 18
responses).
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to Charles Boucher, Director/CIO,
Securities and Exchange Commission,
C/O Shirley Martinson, 6432 General
Green Way, Alexandria, Virginia 22312;
or send an e-mail to:
PRA_Mailbox@sec.gov.
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]]>Agencies
[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 9009-9011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4228]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-369 and 50-370; NRC-2009-0081]
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 Nos.
NPF-9 and NPF-17 issued to Duke Energy Carolinas, LLC (the licensee),
for operation of the McGuire Nuclear Station, Units 1 and 2, located in
Mecklenburg County, North Carolina.
The proposed amendments revise the McGuire Nuclear Station, Units 1
and 2, licensing basis by adopting the alternative source term (AST)
radiological analysis methodology as allowed by Title 10 of the Code of
Federal Regulations, Part 50, Section 50.67, ``Accident Source Term,
for the Loss of Coolant Accident.'' This amendment request represents
full scope implementation of the AST as described in NRC Regulatory
Guide 1.183, ``Alternative Radiological Source Terms for Evaluating
Design Basis Accidents at Nuclear Power Reactors, Revision 0.''
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?
No. AST is an updated methodology used to evaluate the dose
consequences of the Loss of Coolant Accident (LOCA). This type of
change is analytical, thus, does not increase the probability of an
accident previously evaluated. It has been demonstrated that the
dose consequences of the re-analyzed accident remain within the dose
limits of 10 CFR 50.67 and Regulatory Guide 1.183.
This proposed change assumes an increase in the amount of
unfiltered air in-leakage into the control room. The current
Technical Information Document (TID) based McGuire dose consequence
analysis for the LOCA assumed control room unfiltered in-leakage of
10 scfm. Tracer gas testing performed at McGuire revealed that
unfiltered in-leakage into the control room exceeded this amount by
as much as 167 scfm as discussed in McGuire's response to NRC GL
2003-01 dated February 19, 2004. Use of the AST methodology can
accommodate a larger control room pressurization unfiltered in-
leakage rate without exceeding any regulatory dose limits.
A comparison of the AST analysis results and the TID values
(UFSAR Table 15-12) shows that the EAB and LPZ (off-site) doses
decrease while the control room dose increases. The new AST based
analysis not only implements changes which affect both off-site and
control room doses, such as the change in source term methodology,
it also includes changes to the LOCA model which only impact the
control room dose, and are responsible for the increased result.
These new attributes include a control room in-leakage model that
reflects the control room tracer gas testing results and a
recomputed control room shine component of the post LOCA control
room dose. The dose consequences of the revised analysis, however,
are below the 10 CFR 50.67 acceptance criteria for both off-site and
control room doses and are not considered a significant increase.
AST radiological methodology does not adversely affect accident
initiators or precursors. Nor will it alter or prevent the ability
of structures, systems, and components from performing their
intended function to mitigate the consequences of an accident.
Therefore, this LAR will not involve a significant increase in
the probability or consequences of an accident previously evaluated.
2. Does the LAR create the possibility of a new or different
kind of accident from any accident previously evaluated?
No. AST is an updated methodology that was used to re-evaluate
the dose consequences of the McGuire UFSAR previously analyzed
accidents. This new analysis does not cause any change in the post
accident operation of any plant system, structure, or component.
This LAR does not involve an addition or modification to any
plant system, structure, or component. This change does not affect
the post accident operation of any plant system, structure, or
component as directed in plant procedures. New or modified equipment
or personnel failure modes that might initiate a new or different
type accident are not created as a result of the proposed change.
Therefore, no new or different accident is created by changing
to the AST methodology prescribed in Regulatory Guide 1.183.
3. Does this LAR involve a significant reduction in a margin of
safety?
No. Margin of safety is related to the confidence in the ability
of the fission product barriers to perform their design functions
during and following accident conditions. These barriers include the
fuel cladding, the reactor coolant system, and the containment
system. The proposed re-analysis of the LOCA dose consequences using
AST will have no affect on the performance of these barriers. This
LAR does not involve an addition or modification to any plant
system, structure, or component. This change will not affect the
post accident operation of any plant system, structure, or component
as directed in plant procedures.
Therefore, the proposed LAR will not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the
[[Page 9010]]
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 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 Viewer\TM\ to
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer\TM\ is free and is available
at https://www.nrc.gov/site-help/e-submittals/install-viewer.html.
Information about applying for a digital ID certificate is available on
NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/
site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its 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
[[Page 9011]]
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 (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 and supplements dated
March 20, 2008, May 28, 2008, October 6, 2008, December 17, 2008 and
February 12, 2009, which are 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 23rd day of February 2009.
For The Nuclear Regulatory Commission.
John Stang,
Senior Project Manager, Plant Licensing Branch II-1, Division of
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E9-4228 Filed 2-26-09; 8:45 am]
BILLING CODE 7590-01-P
