Notice of Acceptance for Docketing of the Application, Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. NPF-21 for an Additional 20-Year Period Energy Northwest; Columbia Generating Station, 11572-11574 [2010-5278]
Download as PDF
11572
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–397; NRC–2010–0029]
jlentini on DSKJ8SOYB1PROD with NOTICES
Notice of Acceptance for Docketing of
the Application, Notice of Opportunity
for Hearing Regarding Renewal of
Facility Operating License No. NPF–21
for an Additional 20-Year Period
Energy Northwest; Columbia
Generating Station
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering an application for the
renewal of operating license NPF–21,
which authorizes Energy Northwest
(EN) to operate the Columbia Generating
Station (CGS) at 3486 megawatts
thermal. The renewed license would
authorize the applicant to operate CGS
for an additional 20 years beyond the
period specified in the current license.
CGS is located near Richland,
Washington. The current operating
license expires on December 20, 2023.
EN submitted the application dated
January 19, 2010, pursuant to Title 10 of
the Code of Federal Regulations, Part 54
(10 CFR Part 54) to renew operating
license NPF–21. A notice of receipt and
availability of the license renewal
application (LRA) was published in the
Federal Register on February 2, 2010
(75 FR 5353).
The Commission has determined that
EN has submitted sufficient information
in accordance with 10 CFR Sections
2.101, 54.19, 54.21, 54.22, 54.23, 51.45,
and 51.53(c), to enable the staff to
undertake a review of the application,
and the application is therefore
acceptable for docketing. The
Commission will retain the current
Docket No. 50–397 for operating license
No. NPF–21. The determination to
accept the LRA for docketing does not
constitute a determination that the
renewed license should be issued, and
does not preclude the NRC staff from
requesting additional information as the
review proceeds.
Before issuance of the requested
renewed license, the NRC will have
made the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations. In accordance with 10
CFR 54.29, the NRC may issue a
renewed license on the basis of its
review if it finds that actions have been
identified and have been or will be
taken with respect to: (1) Managing the
effects of aging during the period of
extended operation on the functionality
of structures and components that have
been identified as requiring aging
management review, and (2) timelimited aging analyses that have been
VerDate Nov<24>2008
16:35 Mar 10, 2010
Jkt 220001
identified as requiring review, such that
there is reasonable assurance that the
activities authorized by the renewed
license will continue to be conducted in
accordance with the current licensing
basis (CLB) and that any changes made
to the plant’s CLB will comply with the
Act and the Commission’s regulations.
Additionally, in accordance with 10
CFR 51.95(c), the NRC will prepare an
environmental impact statement that is
a supplement to the Commission’s
NUREG–1437, ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Power Plants,’’ dated May
1996. In considering the LRA, the
Commission must find that the
applicable requirements of Subpart A of
10 CFR Part 51 have been satisfied, and
that matters raised under 10 CFR 2.335
have been addressed. Pursuant to 10
CFR 51.26, and as part of the
environmental scoping process, the staff
intends to hold public scoping
meetings. Detailed information
regarding the environmental scoping
meetings will be the subject of a
separate Federal Register notice.
Within 60 days after the date of
publication of this Federal Register
notice, any person whose interest may
be affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written request
for a hearing and a petition for leave to
intervene with respect to the renewal of
the license. Requests for a hearing or
petitions for leave to intervene must be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings and
Issuance of Orders’’ in 10 CFR Part 2.
Interested persons should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852
and is accessible from the NRC’s
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to the Internet or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC’s PDR reference staff by telephone
at 1–800–397–4209, or 301–415–4737,
or by e-mail at PDR.Resource@nrc.gov. If
a request for a hearing/petition for leave
to intervene is filed within the 60-day
period, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
Safety and Licensing Board Panel will
issue a notice of a hearing or an
appropriate order. In the event that no
request for a hearing or petition for
leave to intervene is filed within the 60day period, the NRC may, upon
completion of its evaluations and upon
making the findings required under 10
CFR Parts 51 and 54, renew the license
without further notice.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding, taking into
consideration the limited scope of
matters that may be considered
pursuant to 10 CFR Parts 51 and 54. The
petition must specifically explain the
reasons why intervention should be
permitted with particular reference to
the following factors: (1) The nature of
the requestor’s/petitioner’s right under
the Act to be made a party to the
proceeding; (2) the nature and extent of
the requestor’s/petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any decision or order which may be
entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
of each contention and a concise
statement of the alleged facts or the
expert opinion that supports the
contention on which the requestor/
petitioner intends to rely in proving the
contention at the hearing. The
requestor/petitioner must also provide
references to those specific sources and
documents of which the requestor/
petitioner is aware and on which the
requestor/petitioner intends to rely to
establish those facts or expert opinion.
The requestor/petitioner must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the action
under consideration. The contention
must be one that, if proven, would
entitle the requestor/petitioner to relief.
A requestor/petitioner who fails to
satisfy these requirements with respect
to at least one contention will not be
permitted to participate as a party.
The Commission requests that each
contention be given a separate numeric
or alpha designation within one of the
E:\FR\FM\11MRN1.SGM
11MRN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices
following groups: (1) Technical
(primarily related to safety concerns);
(2) environmental; or (3) miscellaneous.
As specified in 10 CFR 2.309, if two
or more requestors/petitioners seek to
co-sponsor a contention or propose
substantially the same contention, the
requestors/petitioners must jointly
designate a representative who shall
have the authority to act for the
requestors/petitioners with respect to
that contention.
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
(72 FR 49139, August 28, 2007). 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 an exemption 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
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (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 (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
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. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
VerDate Nov<24>2008
16:35 Mar 10, 2010
Jkt 220001
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Meta System Help Desk will not be able
to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through electronic
information exchange, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant 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 documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
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
E-Filing system also distributes an email 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 using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta System Help Desk is available
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
11573
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a 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
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. A presiding
officer, having granted an exemption
request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
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, or the 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
submission.
Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this Federal
Register notice. Non-timely filings will
not be entertained absent a
determination by the presiding officer
that the petition or request should be
granted or the contentions should be
admitted, based on a balancing of the
E:\FR\FM\11MRN1.SGM
11MRN1
11574
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices
factors specified in 10 CFR
2.309(c)(1)(i)–(viii).
Detailed information about the license
renewal process can be found under the
Nuclear Reactors icon at https://
www.nrc.gov/reactors/operating/
licensing/renewal.html on the NRC’s
Web site. Copies of the application to
renew the operating license for CGS are
available for public inspection at the
Commission’s PDR, located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852–
2738, and at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html, the NRC’s Web site
while the application is under review.
The application may be accessed in
ADAMS through the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html under ADAMS Accession
Number ML100250668. As stated above,
persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS may contact the NRC PDR
reference staff by telephone at 1–800–
397–4209 or 301–415–4737, or by e-mail
to PDR.Resource@nrc.gov.
The NRC staff has verified that a copy
of the LRA is also available to local
residents near the site at the Richland
Public Library, 955 Northgate Drive,
Richland, Washington 99352 and at the
Kennewick Branch of Mid-Columbia
Libraries, 1620 South Union Street,
Kennewick, Washington 99338.
Dated at Rockville, Maryland, this 4th day
of March 2010.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. 2010–5278 Filed 3–10–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0097]
jlentini on DSKJ8SOYB1PROD with NOTICES
Draft Regulatory Guide: Issuance,
Availability
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of issuance and
availability of draft regulatory guide,
DG–1242, ‘‘Service Level I, II, and III
Protective Coatings Applied To Nuclear
Power Plants.’’
FOR FURTHER INFORMATION CONTACT:
Bruce P. Lin, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: (301) 251–7653 or email Bruce.Lin@nrc.gov.
VerDate Nov<24>2008
16:35 Mar 10, 2010
Jkt 220001
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment a draft guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public such information
as methods that are acceptable to the
NRC staff for implementing specific
parts of the NRC’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.
The draft regulatory guide (DG),
entitled, ‘‘Service Level I, II, and III
Protective Coatings Applied to Nuclear
Power Plants’’ is temporarily identified
by its task number, DG–1242, which
should be mentioned in all related
correspondence. DG–1242 is proposed
Revision 2 of Regulatory Guide 1.54,
dated July 2000.
Protective coatings have been used
extensively in nuclear power plants
(NPPs) to protect the surfaces of
facilities and equipment from corrosion
and contamination from radionuclides
and for wear protection during plant
operation and maintenance activities.
For plants that have a design basis that
includes a commitment to RG 1.54,
‘‘Quality Assurance Requirements for
Protective Coatings Applied to WaterCooled Nuclear Power Plants,’’ issued
June 1973, the regulations cited above
require that protective coatings be
qualified and capable of surviving a
design-basis accident without adversely
affecting safety-related structures,
systems, and components needed to
mitigate the accident.
The NRC issued RG 1.54 to describe
an acceptable method for complying
with NRC quality assurance
requirements for protective coatings
applied to ferritic steels, stainless steel,
zinc-coated (galvanized) steel, concrete,
or masonry surfaces of water-cooled
NPPs. The presumption was that
protective coatings that met these
guidelines would not degrade over the
design life of the plant. However,
operating history has shown that
undesirable degradation, detachment,
and other types of failures of coatings
have occurred, as described in Generic
Letter 98–04, ‘‘Potential for Degradation
of the Emergency Core Cooling System
and the Containment Spray System after
a Loss-of-Coolant Accident because of
Construction and Protective Coating
Deficiencies and Foreign Material in
Containment,’’ dated July 14, 1998.
Detached coatings from the substrate
that are transported to emergency core
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
cooling system intake structures may
make those systems unable to satisfy the
requirement in 10 CFR 50.46(b)(5) to
provide long-term cooling.
II. Further Information
The NRC staff is soliciting comments
on DG–1242. Comments may be
accompanied by relevant information or
supporting data and should mention
DG–1242 in the subject line. Comments
submitted in writing or in electronic
form will be made available to the
public in their entirety through the
NRC’s Agencywide Documents Access
and Management System (ADAMS).
ADDRESSES: You may submit comments
by any one of the following methods.
Please include Docket ID NRC–2010–
0097 in the subject line of your
comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site
Regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2010–0097. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rulemaking and Directives
Branch (RDB), Office of Administration,
Mail Stop: TWB–05–B01M, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, or by fax
to RDB at (301) 492–3446.
You can access publicly available
documents related to this notice using
the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
E:\FR\FM\11MRN1.SGM
11MRN1
Agencies
[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Notices]
[Pages 11572-11574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5278]
[[Page 11572]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-397; NRC-2010-0029]
Notice of Acceptance for Docketing of the Application, Notice of
Opportunity for Hearing Regarding Renewal of Facility Operating License
No. NPF-21 for an Additional 20-Year Period Energy Northwest; Columbia
Generating Station
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of operating license NPF-21,
which authorizes Energy Northwest (EN) to operate the Columbia
Generating Station (CGS) at 3486 megawatts thermal. The renewed license
would authorize the applicant to operate CGS for an additional 20 years
beyond the period specified in the current license. CGS is located near
Richland, Washington. The current operating license expires on December
20, 2023.
EN submitted the application dated January 19, 2010, pursuant to
Title 10 of the Code of Federal Regulations, Part 54 (10 CFR Part 54)
to renew operating license NPF-21. A notice of receipt and availability
of the license renewal application (LRA) was published in the Federal
Register on February 2, 2010 (75 FR 5353).
The Commission has determined that EN has submitted sufficient
information in accordance with 10 CFR Sections 2.101, 54.19, 54.21,
54.22, 54.23, 51.45, and 51.53(c), to enable the staff to undertake a
review of the application, and the application is therefore acceptable
for docketing. The Commission will retain the current Docket No. 50-397
for operating license No. NPF-21. The determination to accept the LRA
for docketing does not constitute a determination that the renewed
license should be issued, and does not preclude the NRC staff from
requesting additional information as the review proceeds.
Before issuance of the requested renewed license, the NRC will have
made the findings required by the Atomic Energy Act of 1954, as amended
(the Act), and the Commission's rules and regulations. In accordance
with 10 CFR 54.29, the NRC may issue a renewed license on the basis of
its review if it finds that actions have been identified and have been
or will be taken with respect to: (1) Managing the effects of aging
during the period of extended operation on the functionality of
structures and components that have been identified as requiring aging
management review, and (2) time-limited aging analyses that have been
identified as requiring review, such that there is reasonable assurance
that the activities authorized by the renewed license will continue to
be conducted in accordance with the current licensing basis (CLB) and
that any changes made to the plant's CLB will comply with the Act and
the Commission's regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will
prepare an environmental impact statement that is a supplement to the
Commission's NUREG-1437, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Power Plants,'' dated May 1996. In
considering the LRA, the Commission must find that the applicable
requirements of Subpart A of 10 CFR Part 51 have been satisfied, and
that matters raised under 10 CFR 2.335 have been addressed. Pursuant to
10 CFR 51.26, and as part of the environmental scoping process, the
staff intends to hold public scoping meetings. Detailed information
regarding the environmental scoping meetings will be the subject of a
separate Federal Register notice.
Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who wishes to participate as a party in the proceeding
must file a written request for a hearing and a petition for leave to
intervene with respect to the renewal of the license. Requests for a
hearing or petitions for leave to intervene must be filed in accordance
with the Commission's ``Rules of Practice for Domestic Licensing
Proceedings and Issuance of Orders'' in 10 CFR Part 2. Interested
persons should consult a current copy of 10 CFR 2.309, which is
available at the Commission's Public Document Room (PDR), located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852 and is accessible from the NRC's Agencywide Documents
Access and Management System (ADAMS) Public Electronic Reading Room on
the Internet at https://www.nrc.gov/reading-rm/adams.html. Persons who
do not have access to the Internet or who encounter problems in
accessing the documents located in ADAMS should contact the NRC's PDR
reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by
e-mail at nrc.gov">PDR.Resource@nrc.gov. If a request for a hearing/petition for
leave to intervene is filed within the 60-day period, the Commission or
a presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel will issue a notice of a hearing or an appropriate order. In the
event that no request for a hearing or petition for leave to intervene
is filed within the 60-day period, the NRC may, upon completion of its
evaluations and upon making the findings required under 10 CFR Parts 51
and 54, renew the license without further notice.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding, taking into consideration the limited scope of matters
that may be considered pursuant to 10 CFR Parts 51 and 54. The petition
must specifically explain the reasons why intervention should be
permitted with particular reference to the following factors: (1) The
nature of the requestor's/petitioner's right under the Act to be made a
party to the proceeding; (2) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding;
and (3) the possible effect of any decision or order which may be
entered in the proceeding on the requestor's/petitioner's interest. The
petition must also set forth the specific contentions which the
requestor/petitioner seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases of
each contention and a concise statement of the alleged facts or the
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the requestor/petitioner is aware and on
which the requestor/petitioner intends to rely to establish those facts
or expert opinion. The requestor/petitioner must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact. Contentions shall be limited to
matters within the scope of the action under consideration. The
contention must be one that, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
The Commission requests that each contention be given a separate
numeric or alpha designation within one of the
[[Page 11573]]
following groups: (1) Technical (primarily related to safety concerns);
(2) environmental; or (3) miscellaneous.
As specified in 10 CFR 2.309, if two or more requestors/petitioners
seek to co-sponsor a contention or propose substantially the same
contention, the requestors/petitioners must jointly designate a
representative who shall have the authority to act for the requestors/
petitioners with respect to that contention.
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 (72 FR 49139,
August 28, 2007). 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 an exemption 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 participant should
contact the Office of the Secretary by e-mail at
nrc.gov">hearing.docket@nrc.gov, or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through electronic information exchange, users will be
required to install a Web browser plug-in from the NRC Web site.
Further information on the Web-based submission form, including the
installation of the Web browser plug-in, is available on the NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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 using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
nrc.gov">MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a 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 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. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
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, or the 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 submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this Federal Register notice. Non-
timely filings will not be entertained absent a determination by the
presiding officer that the petition or request should be granted or the
contentions should be admitted, based on a balancing of the
[[Page 11574]]
factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
Detailed information about the license renewal process can be found
under the Nuclear Reactors icon at https://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRC's Web site. Copies of the
application to renew the operating license for CGS are available for
public inspection at the Commission's PDR, located at One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-
2738, and at https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the NRC's Web site while the application is under
review. The application may be accessed in ADAMS through the NRC's
Public Electronic Reading Room on the Internet at https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Number ML100250668. As
stated above, persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS may contact the
NRC PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737,
or by e-mail to nrc.gov">PDR.Resource@nrc.gov.
The NRC staff has verified that a copy of the LRA is also available
to local residents near the site at the Richland Public Library, 955
Northgate Drive, Richland, Washington 99352 and at the Kennewick Branch
of Mid-Columbia Libraries, 1620 South Union Street, Kennewick,
Washington 99338.
Dated at Rockville, Maryland, this 4th day of March 2010.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010-5278 Filed 3-10-10; 8:45 am]
BILLING CODE 7590-01-P