In the Matter of Tennessee Valley Authority (Bellefonte Nuclear Plant Units 1 and 2); Order, 10969-10971 [E9-5437]
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Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
certain geographic areas a requiring
special protection. The regulations
establish such a permit system to
designate Antarctic Specially Protected
Areas.
The application received follows:
1. Permit Application No. 2009–025
Applicant
Cindy Lee Van Dover, Duke
University Marine Lab, 135 Marine Lab
Road, Beaufort, NC 28516.
Activity for Which Permit Is Requested
Take, Introduce Non-Indigenous
Species into Antarctica, and Import into
the USA. The applicant plans to collect
sediment cores and seep invertebrates
from the Larsen B embayment in order
to (1) Characterize trophic relations
between sediment bacteria, clams and
other macro-invertebrates present in
newly-discovered cold seeps; (2)
provide a preliminary assessment of the
genetic population structure of Larsen B
cold seep clams; and (3) characterize the
evolutionary relationship between
Larsen B cold seep clams and other
members of the family Vesicomyidae. In
addition, the applicant will deploy
North Atlantic Right Whale vertebrae
bones and pine wood substrate on eight
moorings scattered through the Larsen B
embayment. If time permits,
invertebrates will be collected from the
whale bone and wood substrates. During
their second season, additional
sediment cores will be collected as well
as invertebrates, and the bone and wood
moorings will be recovered.
Location
Larsen B Embayment, Antarctica.
Dated: March 6, 2009.
Cayetano Santos,
Chief, Reactor Safety Branch A, Advisory
Committee on Reactor Safeguards.
[FR Doc. E9–5450 Filed 3–12–09; 8:45 am]
Dates
January 1, 2010 to March 31, 2012.
Nadene G. Kennedy,
Permit Officer, Office of Polar Programs.
[FR Doc. E9–5291 Filed 3–12–09; 8:45 am]
BILLING CODE 7590–01–P
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–438 and 50–439; NRC–
2009–0093]
NUCLEAR REGULATORY
COMMISSION
sroberts on PROD1PC70 with NOTICES
Advisory Committee on Reactor
Safeguards, Meeting of the ACRS
Subcommittee on Reliability and
Probabilistic Risk Assessment; Notice
of Meeting
The ACRS Subcommittee on
Reliability and Probabilistic Risk
Assessment (PRA) will hold a meeting
on March 27, 2009, Room T–2–B3,
11545 Rockville Pike, Rockville,
Maryland.
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17:55 Mar 12, 2009
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Friday, March 27, 2009—1 p.m. until
the conclusion of business.
The Subcommittee will review
example uses of the guidance on
performance of sensitivity and
uncertainty analyses described in
NUREG–1855. The Subcommittee will
hear presentations by and hold
discussions with representatives of the
NRC staff. The Subcommittee will
gather information, analyze relevant
issues and facts, and formulate
proposed positions and actions, as
appropriate, for deliberation by the full
Committee. Members of the public
desiring to provide oral statements and/
or written comments should notify the
Designated Federal Official, Harold
VanderMolen (Telephone: 301–415–
6236) 5 days prior to the meeting, if
possible, so that appropriate
arrangements can be made. Electronic
recordings will be permitted only
during those portions of the meeting
that are open to the public. Detailed
procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
October 6, 2008, (73FR 58268–58269).
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Official between
8:30 a.m. and 4:30 p.m. (ET). Persons
planning to attend this meeting are
urged to contact the above named
individual at least two working days
prior to the meeting to be advised of any
potential changes to the agenda.
Jkt 217001
In the Matter of Tennessee Valley
Authority (Bellefonte Nuclear Plant
Units 1 and 2); Order
The U.S. Atomic Energy Commission
(predecessor to the U.S. Nuclear
Regulatory Commission (NRC or the
Commission)) issued construction
permit (CP) Nos. CPPR–122 and CPPR–
123 to the Tennessee Valley Authority
(TVA or the applicant) on December 24,
1974, authorizing construction of the
Bellefonte Nuclear Plant (Bellefonte or
PO 00000
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10969
BLN) Units 1 and 2, respectively, at the
applicant’s site in Jackson County, AL,
on a peninsula at Tennessee River Mile
392 on the west shore of Guntersville
Reservoir, about 6 miles east northeast
of Scottsboro, AL. On March 4, 2003,
the NRC issued an Order amending CP
Nos. CPPR–122 and CPPR–123 by
revising the latest dates for completion
of construction to October 1, 2011, for
BLN Unit 1, and October 1, 2014, for
BLN Unit 2.
On September 14, 2006, the NRC
granted TVA its request to withdraw the
CPs. Until the time of withdrawal, these
facilities were in a deferred plant status
as described in the Commission’s Policy
Statement on Deferred Plants, as
published in the Federal Register on
October 14, 1987 (52 FR 38077).
In a letter dated August 26, 2008, as
supplemented on September 25, 2008,
and on November 24, 2008, TVA has
requested these CPs be reinstated.
The NRC staff has prepared an
‘‘Environmental Assessment and
Finding of No Significant Impact,’’
which was published in the Federal
Register on March 3, 2009 (74 FR 9308).
Under Title 10, Section 51.32, ‘‘Finding
of No Significant Impact,’’ of the Code
of Federal Regulations (10 CFR 51.32),
the Commission has determined that
reinstating the CPs and placing the
facility in a terminated plant status will
not have a significant impact on the
environment.
For further details on this action, see
the TVA application dated August 26,
2008, as supplemented on September
25, 2008, and on November 24, 2008,
and the NRC staff’s letter and safety
evaluation related to the requested
reinstatement of the CPs dated March 9,
2009. Documents may be examined and/
or copied for a fee at the NRC’s Public
Document Room located at One White
Flint North, 11555 Rockville Pike (first
floor), and they are accessible through
the Agencywide Documents Access and
Management System (ADAMS)
Electronic Reading Room link at the
NRC Web site, https://www.nrc.gov.
Any person adversely affected by this
Order may request a hearing on this
Order within 60 days of its issuance,
and the request for a hearing is limited
to whether good cause exists for the
reinstatement of the CPs. The NRC will
consider extending the time to answer
or to request a hearing where good cause
is shown. A request for an extension of
time must be directed to the Director of
the Office of Nuclear Reactor Regulation
(NRR), U.S. Nuclear Regulatory
Commission, and must include a
statement of good cause for the
extension. Requirements for hearing
requests are found in 10 CFR 2.309,
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10970
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‘‘Hearing requests, Petitions to
Intervene, Requirements for Standing,
and Contentions.’’
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing, and documents filed by
interested governmental entities
participating under 10 CFR 2.315(c),
must be filed in accordance with the
NRC’s Electronic Maintenance and
Submission of Information (E-Filing)
rule, which the NRC promulgated on
August 28, 2007 (72 FR 49139). The EFiling 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 associated with E-Filing,
at least 10 days prior to the filing
deadline, the requestor should 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
identification (ID) certificate that allows
the participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any NRC proceeding in which
it is participating or (2) the creation of
an electronic docket for the proceeding
(even in instances when the requestor
(or its counsel or representative) already
holds an NRC-issued digital ID
certificate). Each requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE) viewer,
which is 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
how to apply for a digital ID certificate
is also available on NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals/apply-certificates.html.
Once a requestor has obtained a
digital ID certificate, had a docket
created, and downloaded the EIE
viewer, he or she can then submit a
request for a hearing through EIE.
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
the document through EIE. To be timely,
electronic filings must be submitted to
the EIE system no later than 11:59 p.m.
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17:55 Mar 12, 2009
Jkt 217001
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 document 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 is
filed so that they may obtain access to
the document via the E-Filing system.
A person filing electronically using
the agency’s adjudicatory e-filing system
may seek assistance through the
‘‘Contact Us’’ link located on the NRC
Web site at https://www.nrc.gov/sitehelp/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,
excluding government holidays. The
toll-free help line number is (866) 672–
7640. A person filing electronically may
also seek assistance by sending an email to the NRC Electronic Filing Help
Desk at MSHD.resource@nrc.gov.
Participants who believe that they have
good cause for not submitting
documents electronically must file an
exemption request, 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
(1) by 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) by 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 the 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
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Sfmt 4703
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 they are excluded under an order
of the Commission, the 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 telephone 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.
If a person requests a hearing, that
person shall set forth with particularity
the manner in which his or her interest
is adversely affected by this Order and
shall address the criteria set forth in 10
CFR 2.309(d).
The scope of this Order reinstating the
CPs and any proceeding hereunder is
limited to direct challenges to the
permit holder’s asserted reasons that
show good cause justification for the
reinstatement of the CPs.
Attorney for the Permit Holder:
Maureen H. Dunn, Executive Vice
President and General Counsel,
Tennessee Valley Authority, 400 West
Summit Hill Drive, Knoxville, TN
37902.
Accordingly, pursuant to Section
161b of the Atomic Energy Act of 1954,
as amended, 42 U.S.C. Section 2201(b),
and 10 CFR 50.55(b), it is hereby
ordered that CP Nos. CPPR–122 and
CPPR–123 for the construction of BLN
Units 1 and 2, respectively, are
reinstated, and the facility returned to a
terminated plant status under Section
III.B, ‘‘Terminated Plant,’’ of the
Commission’s Policy Statement on
Deferred Plants dated October 14, 1987
(52 FR 38077). It is also ordered, in
accordance with 10 CFR 50.55(b), that
the expiration dates defining the latest
construction completion dates for CP
Nos. CPPR–122 and CPPR–123 are
October 1, 2011, and October 1, 2014,
respectively. Should TVA choose to
pursue placement of the facility in a
deferred plant status, it shall ensure to
the satisfaction of the NRR Director that
it has complied with the guidance and
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Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
provisions under Section III.A,
‘‘Deferred Plant,’’ of the Commission’s
Policy Statement on Deferred Plants.
When the results of its evaluation and
inspection are satisfactory, the NRR
Director may then authorize placement
of the facility in a deferred plant status.
Should TVA decide to reactivate
construction, it shall comply with the
provisions for notifying the NRR
Director and shall provide the
information described in the
Commission’s Policy Statement on
Deferred Plants.
Dated at Rockville, Maryland, this 9th day
of March 2009.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–5437 Filed 3–12–09; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Proposed Data Collection(s) Available
for Public Comment and
Recommendations
Summary: In accordance with the
requirement of Section 3506 (c)(2)(A) of
the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board (RRB) will publish periodic
summaries of proposed data collections.
Comments are invited on: (a) Whether
the proposed information collections are
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (b) the accuracy of the RRB’s
estimate of the burden for the collection
of the information; (c) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden related to
the collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
1. Title and purpose of information
collection: Survivor Questionnaire;
OMB 3220–0032.
Under Section 6 of the Railroad
Retirement Act (RRA), benefits that may
be due on the death of a railroad
employee or a survivor annuitant
include (1) a lump-sum death benefit (2)
a residual lump-sum payment (3)
accrued annuities due but unpaid at
death, and (4) monthly survivor
insurance payments. The requirements
for determining the entitlement of
possible beneficiaries to these benefits
are prescribed in 20 CFR part 234.
When the RRB receives notification of
the death of a railroad employee or
survivor annuitant, an RRB field office
utilizes Form RL–94–F, Survivor
Questionnaire, to secure additional
information from surviving relatives
needed to determine if any further
benefits are payable under the RRA.
Completion is voluntary. One response
is requested of each respondent.
The RRB proposes minor non-burden
impacting changes to Form RL–94–F.
The completion time for the RL–94–F is
estimated at between 5 to 11 minutes.
The RRB estimates that approximately
8,000 responses are received annually.
2. Title and Purpose of Information
Collection: Pension Plan Reports; OMB
3220–0089.
Under Section 2(b) of the Railroad
Retirement Act (RRA), the Railroad
Retirement Board (RRB) pays
supplemental annuities to qualified RRB
employee annuitants. A supplemental
annuity, which is computed according
to Section 3(e) of the RRA, can be paid
at age 60 if the employee has at least 30
years of creditable railroad service or at
age 65 if the employee has 25–29 years
of railroad service. In addition to 25
years of service, a ‘‘current connection’’
with the railroad industry is required.
Eligibility is further limited to
employees who had at least one month
of rail service before October 1981 and
were awarded regular annuities after
June 1966. Further, if an employee’s
65th birthday was prior to September 2,
1981, he or she must not have worked
in rail service after certain closing dates
(generally the last day of the month
following the month in which age 65 is
attained). Under Section 2(h)(2) of the
RRA, the amount of the supplemental
annuity is reduced if the employees
receive monthly pension payments, or
lump-sum pension payments, from their
former railroad employer, which are
based in whole or in part on
contributions from that railroad
employer. The employees’ own
contributions to their pension accounts
do not cause a reduction. An employer
private pension is described in 20 CFR
216.40–216.42.
The RRB requires the following
information from railroad employers to
calculate supplemental annuities: (a)
The current status of railroad employer
pension plans and whether such
employer pension plans cause
reductions to the RRB supplemental
annuity; (b) the amount of the employer
private pension being paid to the
employee; (c) whether or not the
employer made contributions to the
pension; (d) whether or not the
employee was cashed out before
attaining retirement age under the
employer pension plan or received the
pension in a lump-sum payment in lieu
of monthly pension payments; and (e)
whether the employer pension plan
continues when the employer status
under the RRA changes. The
requirement that railroad employers
furnish pension information to the RRB
is contained in 20 CFR 209.2.
The RRB currently utilizes Form(s) G–
88p (Employer’s Supplemental Pension
Report), G–88r (Request for Information
About New or Revised Pension Plan),
and G–88r.1 (Request for Additional
Information about Employer Pension
Plan in Case of Change of Employer
Status or Termination of Pension Plan),
to obtain the necessary information from
railroad employers. One response is
requested of each respondent.
Completion is mandatory.
The RRB proposes no changes to
Form G–88p, G–88r or G–88r.1
The estimated annual respondent
burden is as follows:
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual
responses
Form No.(s)
Time
(min)
Burden
(hrs)
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G–88p ..........................................................................................................................................
G–88r ...........................................................................................................................................
G–88r.1 ........................................................................................................................................
750
10
5
8
10
7
100
2
1
Total ......................................................................................................................................
765
........................
103
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Agencies
[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10969-10971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5437]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-438 and 50-439; NRC-2009-0093]
In the Matter of Tennessee Valley Authority (Bellefonte Nuclear
Plant Units 1 and 2); Order
The U.S. Atomic Energy Commission (predecessor to the U.S. Nuclear
Regulatory Commission (NRC or the Commission)) issued construction
permit (CP) Nos. CPPR-122 and CPPR-123 to the Tennessee Valley
Authority (TVA or the applicant) on December 24, 1974, authorizing
construction of the Bellefonte Nuclear Plant (Bellefonte or BLN) Units
1 and 2, respectively, at the applicant's site in Jackson County, AL,
on a peninsula at Tennessee River Mile 392 on the west shore of
Guntersville Reservoir, about 6 miles east northeast of Scottsboro, AL.
On March 4, 2003, the NRC issued an Order amending CP Nos. CPPR-122 and
CPPR-123 by revising the latest dates for completion of construction to
October 1, 2011, for BLN Unit 1, and October 1, 2014, for BLN Unit 2.
On September 14, 2006, the NRC granted TVA its request to withdraw
the CPs. Until the time of withdrawal, these facilities were in a
deferred plant status as described in the Commission's Policy Statement
on Deferred Plants, as published in the Federal Register on October 14,
1987 (52 FR 38077).
In a letter dated August 26, 2008, as supplemented on September 25,
2008, and on November 24, 2008, TVA has requested these CPs be
reinstated.
The NRC staff has prepared an ``Environmental Assessment and
Finding of No Significant Impact,'' which was published in the Federal
Register on March 3, 2009 (74 FR 9308). Under Title 10, Section 51.32,
``Finding of No Significant Impact,'' of the Code of Federal
Regulations (10 CFR 51.32), the Commission has determined that
reinstating the CPs and placing the facility in a terminated plant
status will not have a significant impact on the environment.
For further details on this action, see the TVA application dated
August 26, 2008, as supplemented on September 25, 2008, and on November
24, 2008, and the NRC staff's letter and safety evaluation related to
the requested reinstatement of the CPs dated March 9, 2009. Documents
may be examined and/or copied for a fee at the NRC's Public Document
Room located at One White Flint North, 11555 Rockville Pike (first
floor), and they are accessible through the Agencywide Documents Access
and Management System (ADAMS) Electronic Reading Room link at the NRC
Web site, https://www.nrc.gov.
Any person adversely affected by this Order may request a hearing
on this Order within 60 days of its issuance, and the request for a
hearing is limited to whether good cause exists for the reinstatement
of the CPs. The NRC will consider extending the time to answer or to
request a hearing where good cause is shown. A request for an extension
of time must be directed to the Director of the Office of Nuclear
Reactor Regulation (NRR), U.S. Nuclear Regulatory Commission, and must
include a statement of good cause for the extension. Requirements for
hearing requests are found in 10 CFR 2.309,
[[Page 10970]]
``Hearing requests, Petitions to Intervene, Requirements for Standing,
and Contentions.''
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, any motion or other document filed in the
proceeding prior to the submission of a request for hearing, and
documents filed by interested governmental entities participating under
10 CFR 2.315(c), must be filed in accordance with the NRC's Electronic
Maintenance and Submission of Information (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 associated with E-
Filing, at least 10 days prior to the filing deadline, the requestor
should 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 identification (ID) certificate that allows the participant (or
its counsel or representative) to digitally sign documents and access
the E-Submittal server for any NRC proceeding in which it is
participating or (2) the creation of an electronic docket for the
proceeding (even in instances when the requestor (or its counsel or
representative) already holds an NRC-issued digital ID certificate).
Each requestor will need to download the Workplace Forms
ViewerTM to access the Electronic Information Exchange (EIE)
viewer, which is 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 how to apply for a digital ID certificate is also available on
NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a requestor has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, he or she can then
submit a request for a hearing through EIE. 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 the document through EIE. To be timely, electronic filings 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 document 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 is filed so that they may obtain access to the
document via the E-Filing system.
A person filing electronically using the agency's adjudicatory e-
filing system 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, excluding government holidays. The toll-free help line
number is (866) 672-7640. A person filing electronically may also seek
assistance by sending an e-mail to the NRC Electronic Filing Help Desk
at MSHD.resource@nrc.gov. Participants who believe that they have good
cause for not submitting documents electronically must file an
exemption request, 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 (1) by 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) by 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 the
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 they are excluded
under an order of the Commission, the 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 telephone 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.
If a person requests a hearing, that person shall set forth with
particularity the manner in which his or her interest is adversely
affected by this Order and shall address the criteria set forth in 10
CFR 2.309(d).
The scope of this Order reinstating the CPs and any proceeding
hereunder is limited to direct challenges to the permit holder's
asserted reasons that show good cause justification for the
reinstatement of the CPs.
Attorney for the Permit Holder: Maureen H. Dunn, Executive Vice
President and General Counsel, Tennessee Valley Authority, 400 West
Summit Hill Drive, Knoxville, TN 37902.
Accordingly, pursuant to Section 161b of the Atomic Energy Act of
1954, as amended, 42 U.S.C. Section 2201(b), and 10 CFR 50.55(b), it is
hereby ordered that CP Nos. CPPR-122 and CPPR-123 for the construction
of BLN Units 1 and 2, respectively, are reinstated, and the facility
returned to a terminated plant status under Section III.B, ``Terminated
Plant,'' of the Commission's Policy Statement on Deferred Plants dated
October 14, 1987 (52 FR 38077). It is also ordered, in accordance with
10 CFR 50.55(b), that the expiration dates defining the latest
construction completion dates for CP Nos. CPPR-122 and CPPR-123 are
October 1, 2011, and October 1, 2014, respectively. Should TVA choose
to pursue placement of the facility in a deferred plant status, it
shall ensure to the satisfaction of the NRR Director that it has
complied with the guidance and
[[Page 10971]]
provisions under Section III.A, ``Deferred Plant,'' of the Commission's
Policy Statement on Deferred Plants. When the results of its evaluation
and inspection are satisfactory, the NRR Director may then authorize
placement of the facility in a deferred plant status. Should TVA decide
to reactivate construction, it shall comply with the provisions for
notifying the NRR Director and shall provide the information described
in the Commission's Policy Statement on Deferred Plants.
Dated at Rockville, Maryland, this 9th day of March 2009.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E9-5437 Filed 3-12-09; 8:45 am]
BILLING CODE 7590-01-P