Carolina Power & Light Company; Shearon Harris Nuclear Power Plant, Unit 1; Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing, 29241-29243 [E9-14420]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
that can house up to 2,500 sentenced or
un-sentenced criminal aliens.
Proposals received by the BOP from
private contractors include a proposed
expansion of an existing facility in
Baldwin, Michigan and/or new
construction at a site in Lake City,
Florida. The BOP has preliminarily
evaluated these sites and determined
that the prospective sites appear to be of
sufficient size to provide space for
housing, programs, administrative
services and other support facilities
associated with the correctional facility.
The DEIS to be prepared by the BOP
will analyze the potential impacts of
correctional facility construction/
renovation and operation at these sites.
The Process
In the process of evaluating the sites,
several aspects will receive detailed
examination including, but not limited
to: Topography, geology/soils,
hydrology, biological resources, utility
services, transportation services,
cultural resources, land uses, socioeconomics, hazardous materials, and air
and noise quality, among others.
Alternatives
In developing the DEIS, the options of
‘‘no action’’ and ‘‘alternative sites’’ for
the proposed facility will be fully and
thoroughly examined.
mstockstill on PROD1PC66 with NOTICES
Scoping Process
During the preparation of the DEIS,
there will be opportunities for public
involvement in order to determine the
issues to be examined in the DEIS. A
Public Scoping Meeting will be held at
6 p.m. June 30, 2009 at the Columbia
County Public Library located at 308
NW Columbia Avenue, Lake City,
Florida.
In addition, a Public Scoping meeting
will be held at 6 p.m., July 7, 2009 at
the Webber Township Hall located at
2286 West Springtime Street, Baldwin,
Michigan. The meeting locations, dates,
and times will be well publicized and
have been arranged to allow for public
involvement, as well as interested
agencies and organizations to attend.
The meetings are being held to allow
interested persons to formally express
their views on the scope and significant
issues to be studied as part of the DEIS
process. The meetings will provide for
timely public comments and
understanding of federal plans and
programs with possible environmental
consequences as required by the NEPA
of 1969, as amended, and the National
Historic Preservation Act of 1966, as
amended.
VerDate Nov<24>2008
16:25 Jun 18, 2009
Jkt 217001
DEIS Preparation
Public notice will be given concerning
the availability of the DEIS for public
review and comment at a later date.
ADDRESSES: All are encouraged to
provide comments on the proposed
action and alternatives at any Public
Scoping Meetings and anytime during
the 30-day comment review period,
which ends July 20, 2009. There are two
ways in which comments may be
submitted: (1) by attending one of the
meetings or (2) by mail. All written
comments on the DEIS should be
submitted and postmarked no later than
July 20, 2009.
Comments submitted by mail or
questions concerning the proposed
action and the DEIS may be directed to:
Richard A. Cohn, Chief or Issac Gaston,
Site Selection Specialist, Capacity
Planning and Site Selection Branch,
Federal Bureau of Prisons, 320 First
Street, NW., Washington, DC 20534, Tel:
202–514–6470/Fax: 202–616–6024/Email: racohn@bop.gov.
Dated: June 10, 2009.
Richard A. Cohn,
Chief, Capacity Planning and Site Selection
Branch.
[FR Doc. E9–14179 Filed 6–18–09; 8:45 am]
BILLING CODE P
OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
Office of the Chief Human Capital
Officer; Information Collection;
Ancestry and Ethnicity Data Elements;
Correction
Office of the Director of
National Intelligence.
ACTION: Notice; correction.
AGENCY:
SUMMARY: The Office of the Director of
National Intelligence published a
document in the Federal Register of
May 11, 2009, concerning request for
comments by the general public and
Federal Agencies on the standard data
elements being reviewed under regular
review procedures for use by the
Intelligence Community. The document
contained an incorrect mailing address.
FOR FURTHER INFORMATION CONTACT:
Office of the Chief Human Capital
Officer, 703–275–3365.
Correction
In the Federal Register of May 11,
2009, in FR Doc. E9–10475, on page
21834, in the SUMMARY, correct the last
sentence to read:
These data elements can be viewed on
the Web site https://
www.intelligence.gov. Click on Careers,
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
29241
A Place For You, which will direct you
to https://www.intelligence.gov/
3place.shtml. Click on the Federal
Register—Data Elements link.
In the Federal Register of May 11,
2009, in FR Doc. E9–10475, on page
21834, in the last paragraph, correct the
FOR FURTHER INFORMATION CONTACT
caption to read:
The Office of the Chief Human Capital
Officer, ODNI, Washington, DC 20511,
703–275–3365. Please cite OMB Control
No. 3440—NEW, Ancestry and Ethnicity
Data Elements. The form can be
downloaded from https://
www.intelligence.gov. Click on Careers,
A Place for You, which will direct you
to https://www.intelligence.gov/
3place.shtml. Click on the Federal
Register—Data Elements link.
In the Federal Register of May 11,
2009, in FR Doc. E9–10475, on page
21835, in the last paragraph, correct the
Obtaining Copies of Proposals caption
to read:
Requesters may obtain a copy of the
information collection documents from
the Office of the Chief Human Capital
Officer, ODNI, at Washington, DC
20511, or call 703–275–3365. Please cite
Ancestry and Ethnicity Data Elements in
all correspondence.
Dated: June 9, 2009.
Deatri L. Brewer,
DNI PRA Clearance Officer.
[FR Doc. E9–14443 Filed 6–18–09; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–400; NRC–2009–0247]
Carolina Power & Light Company;
Shearon Harris Nuclear Power Plant,
Unit 1; Notice of Consideration of
Issuance of Amendment to Facility
Operating License and Opportunity for
a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission, NRC) is
considering issuance of an amendment
to Renewed Facility Operating License
No. NPF–63, issued to the Carolina
Power & Light Company (the licensee),
for operation of the Shearon Harris
Nuclear Power Plant, Unit 1, located in
Wake and Chatham Counties, North
Carolina.
The proposed amendment would
transition the current fire protection
program to a risk-informed,
performance-based program based on
the National Fire Protection Association
Standard 805 (NFPA–805),
‘‘Performance-Based Standard for Fire
Protection for Light Water Reactor
E:\FR\FM\19JNN1.SGM
19JNN1
mstockstill on PROD1PC66 with NOTICES
29242
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
Generating Plants,’’ 2001 Edition, in
accordance with Title 10 of the Code of
Federal Regulations (10 CFR), Section
50.48(c). NFPA–805 allows the use of
performance-based methods, such as
fire modeling, and risk-informed
methods, such as Fire Probabilistic Risk
Assessment, to demonstrate compliance
with the nuclear safety performance
criteria.
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.
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 Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 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/doccollections/cfr/. If a request for a hearing
or petition for leave to intervene is filed
within 60 days, 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/requestor 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
VerDate Nov<24>2008
16:25 Jun 18, 2009
Jkt 217001
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 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/requestor 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.
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
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
(10) days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
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-
E:\FR\FM\19JNN1.SGM
19JNN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
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 firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission or the presiding officer of
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/ehd_proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings, 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.
VerDate Nov<24>2008
16:25 Jun 18, 2009
Jkt 217001
For further details with respect to this
license amendment application, see the
licensee’s application for amendment
dated May 29, 2008 (ADAMS Accession
No. ML081560641), as supplemented by
letter dated November 14, 2008
(ADAMS Accession No. ML083240593),
which are available for public
inspection at the Commission’s PDR,
located at One White Flint North, Public
File Area O1 F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Publicly available records will be
accessible electronically from the
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, or 301–415–4737,
or by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, MD, this 11th day of
June 2009.
For the Nuclear Regulatory Commission.
Marlayna Vaaler,
Project Manager, Plant Licensing Branch II–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E9–14420 Filed 6–18–09; 8:45 am]
BILLING CODE 7590–01–P
29243
License for the Beaver Valley Power
Station.
The Board is comprised of the
following administrative judges:
Paul S. Ryerson, Chair, Atomic Safety
and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Alan S. Rosenthal, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Michael F. Kennedy, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
As provided in 10 CFR 2.302, all
correspondence, documents, and other
materials shall be filed in accordance
with the NRC E-Filing rule, which the
NRC promulgated in August 2007 (72
FR 49,139).
Issued at Rockville, Maryland, this 15th
day of June 2009.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. E9–14435 Filed 6–18–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2008–0588]
NUCLEAR REGULATORY
COMMISSION
Final Regulatory Guide: Issuance,
Availability
[Docket No. 55–62335–SP; ASLBP No. 09–
891–01–SP–BD01]
David B. Kuhl, II; Establishment of
Atomic Safety and Licensing Board
Establishment of Atomic Safety and
Licensing Board
Pursuant to delegation by the
Commission dated December 29, 1972
(37 FR 28,710), and the Commission’s
regulations, see 10 CFR 2.103(b), 2.309,
2.313(a), and 2.318, notice is hereby
given that an Atomic Safety and
Licensing Board (Board) is being
established to preside over the following
proceeding:
David B. Kuhl, II (Denial of Senior
Reactor Operator License)
This proceeding concerns a request
for hearing from David B. Kuhl, II, dated
May 28, 2009. His request is in response
to a denial letter from the Office of
Nuclear Reactor Regulation (NRR) dated
May 13, 2009 notifying him that,
following an administrative review,
NRR was in agreement with Region I’s
decision of February 20, 2009 not to
issue him a Senior Reactor Operator
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Regulatory Guide (RG)
1.21, Revision 2.
FOR FURTHER INFORMATION CONTACT:
Steven Garry, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: (301) 415–2766 or email Steven.Garry@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a guide in
the agency’s ‘‘Regulatory Guide’’ series.
This series was developed to describe
and make available to the public
information such as methods that are
acceptable to the NRC staff for
implementing specific parts of the
agency’s regulations, techniques that the
staff uses in evaluating specific
problems or postulated accidents, and
data that the staff needs in its review of
applications for permits and licenses.
RG 1.21, Rev. 2, ‘‘Measuring,
Evaluating, and Reporting Radioactive
Material in Liquid and Gaseous
E:\FR\FM\19JNN1.SGM
19JNN1
]]>Agencies
[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29241-29243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14420]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-400; NRC-2009-0247]
Carolina Power & Light Company; Shearon Harris Nuclear Power
Plant, Unit 1; Notice of Consideration of Issuance of Amendment to
Facility Operating License and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission, NRC) is
considering issuance of an amendment to Renewed Facility Operating
License No. NPF-63, issued to the Carolina Power & Light Company (the
licensee), for operation of the Shearon Harris Nuclear Power Plant,
Unit 1, located in Wake and Chatham Counties, North Carolina.
The proposed amendment would transition the current fire protection
program to a risk-informed, performance-based program based on the
National Fire Protection Association Standard 805 (NFPA-805),
``Performance-Based Standard for Fire Protection for Light Water
Reactor
[[Page 29242]]
Generating Plants,'' 2001 Edition, in accordance with Title 10 of the
Code of Federal Regulations (10 CFR), Section 50.48(c). NFPA-805 allows
the use of performance-based methods, such as fire modeling, and risk-
informed methods, such as Fire Probabilistic Risk Assessment, to
demonstrate compliance with the nuclear safety performance criteria.
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.
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 Public Document Room (PDR), located at One White Flint
North, Public File Area O1 F21, 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 within 60 days, 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/
requestor 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 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/requestor 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.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the Internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek a waiver in accordance with the procedures
described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at https://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-
[[Page 29243]]
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 licensee's application for amendment dated May 29,
2008 (ADAMS Accession No. ML081560641), as supplemented by letter dated
November 14, 2008 (ADAMS Accession No. ML083240593), which are
available for public inspection at the Commission's PDR, located at One
White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly available records will be
accessible electronically from the 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, or 301-415-
4737, or by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, MD, this 11th day of June 2009.
For the Nuclear Regulatory Commission.
Marlayna Vaaler,
Project Manager, Plant Licensing Branch II-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. E9-14420 Filed 6-18-09; 8:45 am]
BILLING CODE 7590-01-P
