Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DPR-72 for an Additional 20-Year Period; Florida Power Corporation; Crytstal River Unit 3 Nuclear Generating Plant, 10099-10101 [E9-4951]
Download as PDF
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Notices
request and is necessary for the NMB to
fulfill its financial responsibilities.
D. Arbitration Services—Pay Voucher
for Personal Services
Type of Review: New Collection.
Title: Arbitration Services—Pay
Voucher for Personal Services.
Frequency: On occasion.
Affected Public: Arbitrators.
Reporting and Recordkeeping Hour
Burden:
Responses: Approximately 624
annually.
Burden Hours: 156.
Abstract: Section 153, First and
Second of the Railway Labor Act, 45
U.S.C. 153, First and Second, provide
that the NMB shall compensate
arbitrators who resolve the resolves
under these sections of the Act. After
the work is performed, the arbitrator
must submit a written request for
compensation. This form is the vehicle
used to request compensation and is
necessary for the NMB to fulfill its
financial responsibilities.
E. Neutral’s Report of Activity
Type of Review: New Collection.
Title: Neutral’s Report of Activity.
Frequency: On occasion.
Affected Public: Arbitrators.
Reporting and Recordkeeping Hour
Burden:
Responses: Approximately 624
annually.
Burden Hours: 156.
Abstract: Section 153, First and
Second of the Railway Labor Act, 45
U.S.C. 153, First and Second, provide
that the parties may use an arbitrator to
resolve their disputes concerning the
application or interpretation of the
provisions of a collective bargaining
agreement. The NMB must record the
decisions rendered by the arbitrators
selected by the parties and compensated
by the NMB. This form is used to gather
that information. This brief information
is necessary for the NMB to fulfill its
responsibilities under the Railway labor
Act.
dwashington3 on PROD1PC60 with NOTICES
F. Arbitration Services—Personal Data
Sheet
Type of Review: New Collection.
Title: Arbitration Services—Personal
Data Sheet.
Frequency: On occasion.
Affected Public: Arbitrators.
Reporting and Recordkeeping Hour
Burden:
Responses: 25 annually.
Burden Hours: 25.
Abstract: Sections 183 and 153 of the
Railway Labor Act, 45 U.S.C., 153 and
183, provide for the use of arbitrators in
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the resolution of disputes concerning
the application or interpretation of
provisions of a collective bargaining
agreement in the airline and railroad
industries. The NMB maintains a roster
of arbitrators for this purpose. The NMB
must have a means for interested
individuals to apply for inclusion on
this roster. This form is the application
for inclusion on the NMB roster. The
brief information that the NMB solicits
is necessary to perform this
responsibility under the Railway Labor
Act.
Requests for copies of the proposed
information collection request may be
accessed from https://www.nmb.gov or
should be addressed to Roland Watkins,
Director of Arbitration Services NMB,
1301 K Street, NW., Suite 250 E,
Washington, DC 20005 or addressed to
the e-mail address arb@nmb.gov or
faxed to 202–692–5086. Please specify
the complete title of the information
collection when making your request.
Comments regarding burden and/or
the collection activity requirements
should be directed to June D. W. King
at 202–692–5010 or via internet address
king@nmb.gov. Individuals who use a
telecommunications device for the deaf
(TDD/TDY) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.
[FR Doc. E9–4837 Filed 3–6–09; 8:45 am]
BILLING CODE 7550–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302; NRC–2009–0039]
Notice of Acceptance for Docketing of
the Application and Notice of
Opportunity for Hearing Regarding
Renewal of Facility Operating License
No. DPR–72 for an Additional 20-Year
Period; Florida Power Corporation;
Crytstal River Unit 3 Nuclear
Generating Plant
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering an application for the
renewal of operating license DPR–72,
which authorizes Florida Power
Corporation, to operate the Crystal River
Unit 3 Nuclear Generating Plant (CR–3)
at 2609 megawatts thermal. The
renewed license would authorize the
applicant to operate CR–3 for an
additional 20 years beyond the period
specified in the current license. CR–3 is
located approximately 35 miles
southwest of Ocala, FL and its current
operating license expires on December
3, 2016.
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10099
Florida Power Corporation submitted
the application dated December 16,
2008, pursuant to Title 10, Part 54, of
the Code of Federal Regulations (10 CFR
Part 54), to renew operating license
DPR–72 for CR–3. A notice of receipt
and availability of the license renewal
application (LRA) was published in the
Federal Register on February 4, 2009
(74 FR 6060).
The Commission’s staff has
determined that Florida Power
Corporation has submitted sufficient
information in accordance with 10 CFR
Sections 2.101, 54.19, 54.21, 54.22,
54.23, 51.45, and 51.53(c), to enable the
staff to undertake a review of the
application, and the application is
therefore acceptable for docketing. The
current Docket No. 50–302, for
operating license DPR–72, will be
retained. The determination to accept
the license renewal application for
docketing does not constitute a
determination that a renewed license
should be issued, and does not preclude
the NRC staff from requesting additional
information as the review proceeds.
Before issuance of the requested
renewed license, the NRC will have
made the findings required by the
Atomic Energy Act of 1954 (the Act), as
amended, and the Commission’s rules
and regulations. In accordance with 10
CFR 54.29, the NRC may issue a
renewed license on the basis of its
review if it finds that actions have been
identified and have been or will be
taken with respect to: (1) Managing the
effects of aging during the period of
extended operation on the functionality
of structures and components that have
been identified as requiring aging
management review; and (2) timelimited aging analyses that have been
identified as requiring review, such that
there is reasonable assurance that the
activities authorized by the renewed
license will continue to be conducted in
accordance with the current licensing
basis (CLB), and that any changes made
to the plant’s CLB will comply with the
Act and the Commission’s regulations.
Additionally, in accordance with 10
CFR 51.95(c), the NRC will prepare an
environmental impact statement that is
a supplement to the Commission’s
NUREG–1437, ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Power Plants,’’ dated May
1996. In considering the LRA, the
Commission must find that the
applicable requirements of Subpart A of
10 CFR Part 51 have been satisfied, and
that matters raised under 10 CFR 2.335
have been addressed. Pursuant to 10
CFR 51.26, and as part of the
environmental scoping process, the staff
intends to hold public scoping
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10100
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Notices
meetings. Detailed information
regarding the environmental scoping
meetings will be the subject of a
separate Federal Register notice.
Within 60 days after the date of
publication of this Federal Register
notice, any person whose interest may
be affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
for a hearing and a petition for leave to
intervene with respect to the renewal of
the license. Requests for a hearing or
petitions for leave to intervene must be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings and
Issuance of Orders’’ in 10 CFR Part 2.
Interested persons should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852
and is accessible from the NRC’s
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to the Internet or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC’s PDR reference staff by telephone
at 1–800–397–4209, or 301–415–4737,
or by e-mail at PDR@nrc.gov. If a request
for a hearing/petition for leave to
intervene is filed within the 60-day
period, 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 Panel will
issue a notice of a hearing or an
appropriate order. In the event that no
request for a hearing or petition for
leave to intervene is filed within the 60day period, the NRC may, upon
completion of its evaluations and upon
making the findings required under 10
CFR Parts 51 and 54, renew the license
without further notice.
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, taking into
consideration the limited scope of
matters that may be considered
pursuant to 10 CFR Parts 51 and 54. The
petition must specifically explain the
reasons why intervention should be
permitted with particular reference to
the following factors: (1) The nature of
the requestor’s/petitioner’s right under
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15:28 Mar 06, 2009
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the Act to be made a party to the
proceeding; (2) the nature and extent of
the requestor’s/petitioner’s property,
financial, or other interest in the
proceeding; and (3) 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 set forth 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 requestor/petitioner shall
provide a brief explanation of the bases
of each contention and a concise
statement of the alleged facts or the
expert opinion that supports the
contention on which the requestor/
petitioner intends to rely in proving the
contention at the hearing. The
requestor/petitioner must also provide
references to those specific sources and
documents of which the requestor/
petitioner is aware and on which the
requestor/petitioner intends to rely to
establish those facts or expert opinion.
The requestor/petitioner must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact.1 Contentions shall be limited to
matters within the scope of the action
under consideration. The contention
must be one that, if proven, would
entitle the requestor/petitioner to relief.
A requestor/petitioner who fails to
satisfy these requirements with respect
to at least one contention will not be
permitted to participate as a party.
The Commission requests that each
contention be given a separate numeric
or alpha designation within one of the
following groups: (1) Technical
(primarily related to safety concerns);
(2) environmental; or (3) miscellaneous.
As specified in 10 CFR 2.309, if two
or more requestors/petitioners seek to
co-sponsor a contention or propose
substantially the same contention, the
requestors/petitioners will be required
to jointly designate a representative who
shall have the authority to act for the
requestors/petitioners with respect to
that contention.
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
1 To the extent that the application contains
attachments and supporting documents that are not
publicly available because they are asserted to
contain safeguards or proprietary information,
petitioners desiring access to this information
should contact the applicant or applicant’s counsel
to discuss the need for a protective order.
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Fmt 4703
Sfmt 4703
hearing. A request for hearing or a
petition for leave to intervene must be
filed in accordance with the NRC EFiling 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 five (5)
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
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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Notices
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
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15:28 Mar 06, 2009
Jkt 217001
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 submission.
Detailed information about the license
renewal process can be found under the
Nuclear Reactors icon at https://
www.nrc.gov/reactors/operating/
licensing/renewal.html on the NRC’s
Web site. Copies of the application to
renew the operating license for CR–3, is
available for public inspection at the
Commission’s PDR, located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852–
2738, and at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html, the NRC’s Web site
while the application is under review.
The application may be accessed in
ADAMS through the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html under ADAMS Accession
Number ML090080053. As stated above,
persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS may contact the NRC Public
Document Room (PDR) Reference staff
by telephone at 1–800–397–4209 or
301–415–4737, or by e-mail to
PDR@nrc.gov.
The NRC staff has verified that a copy
of the license renewal application is
also available to local residents near
CR–3, at the Coastal Region Library
(8619 W. Crystal St., Crystal River, FL
34428–4468).
Dated at Rockville, Maryland, this 27th day
of February, 2009.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. E9–4951 Filed 3–6–09; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Cancellation of Meeting of
the Industry Trade Advisory
Committee on Small and Minority
Business (ITAC–11)
AGENCY: Office of the United States
Trade Representative.
ACTION: Notice of meeting cancellation.
PO 00000
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10101
SUMMARY: A notice was published in the
Federal Register dated February 26,
2009, Volume 74 page 8819 and March
4,2009, Volume number 74, Notice 41,
page 9438, announcing a meeting of the
Industry Trade Advisory Committee on
Small and Minority Business (ITAC–11),
scheduled for March 9, 2009, from 9
a.m. to 3:30 p.m. The meeting was to be
closed to the public from 9 a.m. to 12:30
p.m. and open to the public from 1 p.m.
to 3:30 p.m. However, the meeting has
been cancelled in its entirety.
FOR FURTHER INFORMATION CONTACT:
Laura Hellstern, DFO for ITAC–11 at
(202)482–3222, Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC.
Lisa Garcia,
Assistant U.S. Trade Representative for
Intergovernmental Affairs and Public Liaison.
[FR Doc. E9–5025 Filed 3–5–09; 4:15 pm]
BILLING CODE 3190–W9–P
OFFICE OF PERSONNEL
MANAGEMENT
[OMB Control No. 3206–0173; Form SF
3102]
Submission for OMB Review; Request
for Extension, Without Change of a
Currently Approved Information
Collection
AGENCY: Office of Personnel
Management.
ACTION: Notice.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, May 22, 1995), this notice
announces that the Office of Personnel
Management (OPM) has submitted to
the Office of Management and Budget
(OMB) a request for extension, without
change, of a currently approved
information collection. This information
collection, ‘‘Designation of Beneficiary
(FERS)’’ (OMB Control No. 3206–0173;
SF 3102), is used by an employee or an
annuitant covered under the Federal
Employees Retirement System to
designate a beneficiary to receive any
lump sum due in the event of his/her
death.
Approximately 3,110 SF 3102 forms
are completed annually. Each form takes
approximately 15 minutes to complete.
The annual estimated burden is 777.50
hours.
For copies of this proposal, contact
Cyrus S. Benson by telephone at (202)
606–4808, by FAX (202) 606–0910 or by
E-mail to Cyrus.Benson@opm.gov.
Please include a mailing address with
your request.
E:\FR\FM\09MRN1.SGM
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Agencies
[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Notices]
[Pages 10099-10101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4951]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302; NRC-2009-0039]
Notice of Acceptance for Docketing of the Application and Notice
of Opportunity for Hearing Regarding Renewal of Facility Operating
License No. DPR-72 for an Additional 20-Year Period; Florida Power
Corporation; Crytstal River Unit 3 Nuclear Generating Plant
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of operating license DPR-72,
which authorizes Florida Power Corporation, to operate the Crystal
River Unit 3 Nuclear Generating Plant (CR-3) at 2609 megawatts thermal.
The renewed license would authorize the applicant to operate CR-3 for
an additional 20 years beyond the period specified in the current
license. CR-3 is located approximately 35 miles southwest of Ocala, FL
and its current operating license expires on December 3, 2016.
Florida Power Corporation submitted the application dated December
16, 2008, pursuant to Title 10, Part 54, of the Code of Federal
Regulations (10 CFR Part 54), to renew operating license DPR-72 for CR-
3. A notice of receipt and availability of the license renewal
application (LRA) was published in the Federal Register on February 4,
2009 (74 FR 6060).
The Commission's staff has determined that Florida Power
Corporation has submitted sufficient information in accordance with 10
CFR Sections 2.101, 54.19, 54.21, 54.22, 54.23, 51.45, and 51.53(c), to
enable the staff to undertake a review of the application, and the
application is therefore acceptable for docketing. The current Docket
No. 50-302, for operating license DPR-72, will be retained. The
determination to accept the license renewal application for docketing
does not constitute a determination that a renewed license should be
issued, and does not preclude the NRC staff from requesting additional
information as the review proceeds.
Before issuance of the requested renewed license, the NRC will have
made the findings required by the Atomic Energy Act of 1954 (the Act),
as amended, and the Commission's rules and regulations. In accordance
with 10 CFR 54.29, the NRC may issue a renewed license on the basis of
its review if it finds that actions have been identified and have been
or will be taken with respect to: (1) Managing the effects of aging
during the period of extended operation on the functionality of
structures and components that have been identified as requiring aging
management review; and (2) time-limited aging analyses that have been
identified as requiring review, such that there is reasonable assurance
that the activities authorized by the renewed license will continue to
be conducted in accordance with the current licensing basis (CLB), and
that any changes made to the plant's CLB will comply with the Act and
the Commission's regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will
prepare an environmental impact statement that is a supplement to the
Commission's NUREG-1437, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Power Plants,'' dated May 1996. In
considering the LRA, the Commission must find that the applicable
requirements of Subpart A of 10 CFR Part 51 have been satisfied, and
that matters raised under 10 CFR 2.335 have been addressed. Pursuant to
10 CFR 51.26, and as part of the environmental scoping process, the
staff intends to hold public scoping
[[Page 10100]]
meetings. Detailed information regarding the environmental scoping
meetings will be the subject of a separate Federal Register notice.
Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who wishes to participate as a party in the proceeding
must file a written request for a hearing and a petition for leave to
intervene with respect to the renewal of the license. Requests for a
hearing or petitions for leave to intervene must be filed in accordance
with the Commission's ``Rules of Practice for Domestic Licensing
Proceedings and Issuance of Orders'' in 10 CFR Part 2. Interested
persons should consult a current copy of 10 CFR 2.309, which is
available at the Commission's Public Document Room (PDR), located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852 and is accessible from the NRC's Agencywide Documents
Access and Management System (ADAMS) Public Electronic Reading Room on
the Internet at https://www.nrc.gov/reading-rm/adams.html. Persons who
do not have access to the Internet or who encounter problems in
accessing the documents located in ADAMS should contact the NRC's PDR
reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by
e-mail at PDR@nrc.gov. If a request for a hearing/petition for leave to
intervene is filed within the 60-day period, 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
Panel will issue a notice of a hearing or an appropriate order. In the
event that no request for a hearing or petition for leave to intervene
is filed within the 60-day period, the NRC may, upon completion of its
evaluations and upon making the findings required under 10 CFR Parts 51
and 54, renew the license without further notice.
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, taking into consideration the limited scope of matters
that may be considered pursuant to 10 CFR Parts 51 and 54. The petition
must specifically explain the reasons why intervention should be
permitted with particular reference to the following factors: (1) The
nature of the requestor's/petitioner's right under the Act to be made a
party to the proceeding; (2) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding;
and (3) 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 set forth 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
requestor/petitioner shall provide a brief explanation of the bases of
each contention and a concise statement of the alleged facts or the
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the requestor/petitioner is aware and on
which the requestor/petitioner intends to rely to establish those facts
or expert opinion. The requestor/petitioner must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact.\1\ Contentions shall be limited to
matters within the scope of the action under consideration. The
contention must be one that, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
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\1\ To the extent that the application contains attachments and
supporting documents that are not publicly available because they
are asserted to contain safeguards or proprietary information,
petitioners desiring access to this information should contact the
applicant or applicant's counsel to discuss the need for a
protective order.
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The Commission requests that each contention be given a separate
numeric or alpha designation within one of the following groups: (1)
Technical (primarily related to safety concerns); (2) environmental; or
(3) miscellaneous.
As specified in 10 CFR 2.309, if two or more requestors/petitioners
seek to co-sponsor a contention or propose substantially the same
contention, the requestors/petitioners will be required to jointly
designate a representative who shall have the authority to act for the
requestors/petitioners with respect to that contention.
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. A request for hearing or a petition for leave to intervene
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated 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
five (5) 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
[[Page 10101]]
that they wish to participate in the proceeding, so that the filer need
not serve the documents on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before a hearing
request/petition to intervene is filed so that they can obtain access
to the document via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application,
participants are requested not to include copyrighted materials in
their submission.
Detailed information about the license renewal process can be found
under the Nuclear Reactors icon at https://www.nrc.gov/reactors/
operating/licensing/renewal.html on the NRC's Web site. Copies of the
application to renew the operating license for CR-3, is available for
public inspection at the Commission's PDR, located at One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-
2738, and at https://www.nrc.gov/reactors/operating/licensing/renewal/
applications.html, the NRC's Web site while the application is under
review. The application may be accessed in ADAMS through the NRC's
Public Electronic Reading Room on the Internet at https://www.nrc.gov/
reading-rm/adams.html under ADAMS Accession Number ML090080053. As
stated above, persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS may contact the
NRC Public Document Room (PDR) Reference staff by telephone at 1-800-
397-4209 or 301-415-4737, or by e-mail to PDR@nrc.gov.
The NRC staff has verified that a copy of the license renewal
application is also available to local residents near CR-3, at the
Coastal Region Library (8619 W. Crystal St., Crystal River, FL 34428-
4468).
Dated at Rockville, Maryland, this 27th day of February, 2009.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. E9-4951 Filed 3-6-09; 8:45 am]
BILLING CODE 7590-01-P