Florida Power and Light; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, 26261-26263 [E9-12620]

Download as PDF Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Notices Executive Order 12372: This project is not subject to the provisions of the executive order. Morris L. Thigpen, Director, National Institute of Corrections. [FR Doc. E9–12629 Filed 5–29–09; 8:45 am] BILLING CODE 4410–36–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (09–045)] Review of U.S. Human Space Flight Plans Committee; Meeting AGENCY: National Aeronautics and Space Administration. ACTION: Notice of meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, the National Aeronautics and Space Administration announces a meeting of the Review of U.S. Human Space Flight Plans Committee. For specifics on agenda topics, see the SUPPLEMENTARY INFORMATION section of this notice. DATES: Wednesday, June 17, 2009, 9 a.m.–5 p.m. ADDRESSES: Carnegie Institution, 1530 P Street, NW., Washington, DC 20005, phone: 202–387–6400. FOR FURTHER INFORMATION CONTACT: Mr. Philip R. McAlister, Office of Program Analysis and Evaluation, National Aeronautics and Space Administration, Washington, DC 20546. Phone 202–358– 0712. SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to the seating capacity of the room. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. The agenda topics for the meeting include: • Previous Studies on U.S. Human Space Flight. • Current U.S. Space Policy. • International Cooperation. • Evolved Expendable Launch Vehicle. • Commercial Human Space Flight Capabilities. • Exploration Technology Planning. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. E9–12661 Filed 5–29–09; 8:45 am] BILLING CODE P VerDate Nov<24>2008 15:29 May 29, 2009 Jkt 217001 26261 The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF– 16, issued to Florida Power and Light (the licensee), for operation of the St. Lucie Plant Unit 2 located in St. Lucie County, Florida. The proposed amendment would revise Technical Specification (TS) 3.1.3.4, related to requirements for Control Element Assembly (CEA) drop time to increase the available margin for CEA drop time testing. 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: proposed slower reactivity insertion rate at all rod positions will not preclude meeting the trip reactivity limits used in the analyses. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? The proposed change does not involve a physical alteration of the plant (no new or different type of equipment will be installed) or a change in the methods governing normal plant operation. The proposed change will not introduce new failure modes or effects and will not, in the absence of other unrelated failures, lead to an accident whose consequences exceed the consequences of accidents previously analyzed. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? The increase in CEA drop time as proposed in this TS change has been determined to have no adverse impact on the St. Lucie Unit 2 safety analysis described in the UFSAR [Updated Final Safety Analysis Report], and thus does not have any effect on the existing margins of safety for the fuel, the fuel cladding, the reactor vessel, or the containment building. The change in CEA drop time does not impact the power shapes (assumed for Relaxed Axial Offset Control or the safety analyses) or statepoints; hence there is no impact on the thermal hydraulic or fuel rod design analysis. There is no impact on the mechanical design. The slightly slower drop would produce a smaller impact on the fuel assembly and lower stresses on the CEA. Since there is no adverse impact, current mechanical design analyses remain applicable. Therefore, the proposed change does 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. 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? The proposed change increases the required CEA drop time. This new CEA drop time requirement must be verified prior to Modes 1 or 2 of plant operations. The probability of an accident previously evaluated remains unchanged since the CEAs drop into the core as a result of a core anomaly or undesired condition, and the fact that the CEA drop time was increased does not in itself initiate an accident. Likewise, the consequences of an accident previously evaluated remain unchanged since for both LOCA [loss-of-coolant accident] and nonLOCA analyses, it has been verified that the 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 NUCLEAR REGULATORY COMMISSION [ Docket No. 50–389;NRC–2009–0221] Florida Power and Light; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1 26262 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Notices consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking and Directives 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 VerDate Nov<24>2008 15:29 May 29, 2009 Jkt 217001 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 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve all adjudicatory documents over the Internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by calling (301) 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRCissued digital ID certificate). Each petitioner/ requestor will need to download the Workplace Forms 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/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 E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Notices intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC electronic filing Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. 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 VerDate Nov<24>2008 15:29 May 29, 2009 Jkt 217001 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, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions. For further details with respect to this license amendment application, see the application for amendment dated May 21, 2009, which is available for public inspection at the Commission’s PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, https:// www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800– 397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. Dated at Rockville, Maryland, this 22nd day of May 2009. For the Nuclear Regulatory Commission. Marlayna G. Vaaler, Project Manager, Plant Licensing Branch II– 2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E9–12620 Filed 5–29–09; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 26263 DEPARTMENT OF STATE [Public Notice: 6642] 60-Day Notice of Proposed Information Collection: Form DS–6002, Prior Notification; OMB Control Number 1405–0171 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget (OMB) approval for information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Prior Notification. OMB Control Number: 1405–0171. Type of Request: Extension of currently approved collection. Originating Office: Bureau of Political Military Affairs, Directorate of Defense Trade Controls, PM/DDTC. Form Number: DS–6002. Respondents: Business organizations. Estimated Number of Respondents: 18 (total). Estimated Number of Responses: 47 (per year). Average Hours per Response: 1 hour. Total Estimated Burden: 47 hours (per year). Frequency: On Occasion. Obligation to Respond: Mandatory. DATES: The Department will accept comments from the public up to 60 days from June 1, 2009. ADDRESSES: Comments and questions should be directed to Mary F. Sweeney, Office of Defense Trade Controls Policy, Department of State, who may be reached via the following methods: E-mail: Sweeneymf@state.gov. Mail: Mary F. Sweeney, SA–1, 12th Floor, Directorate of Defense Trade Controls, Bureau of Political Military Affairs, U.S. Department of State, Washington, DC 20522–0112. Fax: 202–261–8199. You must include the information collection title in the subject line of your message/letter. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including a copy of the supporting document, to Mary F. Sweeney, PM/DDTC, SA–1, 12th Floor, Directorate of Defense Trade Controls, Bureau of Political Military Affairs, U.S. Department of State, Washington, DC 20522–0112, who may be reached via E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Notices]
[Pages 26261-26263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12620]


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NUCLEAR REGULATORY COMMISSION

[ Docket No. 50-389;NRC-2009-0221]


Florida Power and Light; Notice of Consideration of Issuance of 
Amendment to Facility Operating License, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-16, issued to Florida Power and Light (the licensee), for operation 
of the St. Lucie Plant Unit 2 located in St. Lucie County, Florida.
    The proposed amendment would revise Technical Specification (TS) 
3.1.3.4, related to requirements for Control Element Assembly (CEA) 
drop time to increase the available margin for CEA drop time testing.
    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 change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    The proposed change increases the required CEA drop time. This 
new CEA drop time requirement must be verified prior to Modes 1 or 2 
of plant operations. The probability of an accident previously 
evaluated remains unchanged since the CEAs drop into the core as a 
result of a core anomaly or undesired condition, and the fact that 
the CEA drop time was increased does not in itself initiate an 
accident. Likewise, the consequences of an accident previously 
evaluated remain unchanged since for both LOCA [loss-of-coolant 
accident] and non-LOCA analyses, it has been verified that the 
proposed slower reactivity insertion rate at all rod positions will 
not preclude meeting the trip reactivity limits used in the 
analyses.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    The proposed change does not involve a physical alteration of 
the plant (no new or different type of equipment will be installed) 
or a change in the methods governing normal plant operation. The 
proposed change will not introduce new failure modes or effects and 
will not, in the absence of other unrelated failures, lead to an 
accident whose consequences exceed the consequences of accidents 
previously analyzed.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    The increase in CEA drop time as proposed in this TS change has 
been determined to have no adverse impact on the St. Lucie Unit 2 
safety analysis described in the UFSAR [Updated Final Safety 
Analysis Report], and thus does not have any effect on the existing 
margins of safety for the fuel, the fuel cladding, the reactor 
vessel, or the containment building. The change in CEA drop time 
does not impact the power shapes (assumed for Relaxed Axial Offset 
Control or the safety analyses) or statepoints; hence there is no 
impact on the thermal hydraulic or fuel rod design analysis. There 
is no impact on the mechanical design. The slightly slower drop 
would produce a smaller impact on the fuel assembly and lower 
stresses on the CEA. Since there is no adverse impact, current 
mechanical design analyses remain applicable.
    Therefore, the proposed change does 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

[[Page 26262]]

consideration. In addition, the Commission may issue the amendment 
prior to the expiration of the 30-day comment period should 
circumstances change during the 30-day comment period such that failure 
to act in a timely way would result, for example, in derating or 
shutdown of the facility. Should the Commission take action prior to 
the expiration of either the comment period or the notice period, it 
will publish in the Federal Register a notice of issuance. Should the 
Commission make a final No Significant Hazards Consideration 
Determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur very 
infrequently.
    Written comments may be submitted by mail to the Chief, Rulemaking 
and Directives 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

[[Page 26263]]

intervene. Submissions should be in Portable Document Format (PDF) in 
accordance with NRC guidance available on the NRC public Web site at 
https://www.nrc.gov/site-help/e-submittals.html. A filing is considered 
complete at the time the filer submits its documents through EIE. To be 
timely, an electronic filing must be submitted to the EIE system no 
later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
EIE system also distributes an e-mail notice that provides access to 
the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC electronic filing 
Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, 
Monday through Friday, excluding government holidays. 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, unless an NRC regulation or 
other law requires submission of such information. With respect to 
copyrighted works, except for limited excerpts that serve the purpose 
of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submissions.
    For further details with respect to this license amendment 
application, see the application for amendment dated May 21, 2009, 
which is available for public inspection at the Commission's PDR, 
located at One White Flint North, File Public Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the Agencywide Documents 
Access and Management System's (ADAMS) Public Electronic Reading Room 
on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS, should contact 
the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by e-mail to pdr.resource@nrc.gov.

    Dated at Rockville, Maryland, this 22nd day of May 2009.

    For the Nuclear Regulatory Commission.
Marlayna G. Vaaler,
Project Manager, Plant Licensing Branch II-2, Division of Operating 
Reactor Licensing, Office of Nuclear Reactor Regulation.
 [FR Doc. E9-12620 Filed 5-29-09; 8:45 am]
BILLING CODE 7590-01-P
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