Atomic Safety and Licensing Board; Notice of Opportunity To Participate in Uncontested/Mandatory Hearing (Procedures for Participation by Interested Governmental Entities Regarding Safety Portion of Enrichment Facility Licensing Proceeding), 63213 [2010-25877]
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Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–7015–ML; ASLBP No.
10–899–02–ML–BD01]
Atomic Safety and Licensing Board;
Notice of Opportunity To Participate in
Uncontested/Mandatory Hearing
(Procedures for Participation by
Interested Governmental Entities
Regarding Safety Portion of
Enrichment Facility Licensing
Proceeding)
October 7, 2010.
Before Administrative Judges: G. Paul
Bollwerk, III, Chairman, Dr. Kaye D.
Lathrop, Dr. Craig M. White.
In the Matter of Areva Enrichment Services,
LLC (Eagle Rock Enrichment Facility)
jlentini on DSKJ8SOYB1PROD with NOTICES
In this 10 CFR part 70 proceeding
regarding the request of applicant
AREVA Enrichment Services, LLC,
(AES) to construct and operate its
proposed Eagle Rock Enrichment
Facility in Bonneville County, Idaho, on
September 30, 2010, the NRC staff
issued its final safety evaluation report
(SER) analyzing the Atomic Energy Act
(AEA)-related safety aspects of the AES
application (NUREG–1951, ADAMS
Accession No. ML102710296). In accord
with AEA section 274l, 42 U.S.C.
2021(l), on or before Friday, November
12, 2010, using the agency’s E–Filing
system,1 any interested State, local
governmental body, or affected,
federally-recognized Indian Tribe may
file with the Licensing Board in this
proceeding a statement of any issues or
questions about which the State, local
governmental body, or Indian Tribe
wishes the Board to give particular
attention as part of the safety/SERrelated portion of the uncontested/
mandatory hearing process associated
with the AES application and the staff’s
safety review of that application.2 Such
1 The process for accessing and using the agency’s
E–Filing system is described in the July 23, 2009
notice of hearing that was issued by the
Commission for this proceeding. See Notice of
Receipt of Application for License; Notice of
Consideration of Issuance of License; Notice of
Hearing and Commission Order and Order
Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information and
Safeguards Information for Contention Preparation;
In the Matter of Areva Enrichment Services, LLC
(Eagle Rock Enrichment Facility), 74 FR 38,052,
38,055 (Jul. 30, 2009) (CLI–09–15, 70 NRC 1, 10–
11 (2009)).
2 The scope of, and procedural protocols
associated with, the uncontested/mandatory
hearing in this proceeding are set forth in the
Licensing Board’s orders of May 19, June 4, and
June 30, 2010, as well as its October 7, 2010
scheduling order. See Licensing Board Initial
Scheduling Order (May 19, 2010) at 3–7
(unpublished); Licensing Board Order (Clarifying
Initial Scheduling Order) (June 4, 2010) at 2–5
(unpublished); Licensing Board Order (Setting
VerDate Mar<15>2010
18:10 Oct 13, 2010
Jkt 223001
a statement may be accompanied by any
supporting documentation that the
State, local governmental body, or
Indian Tribe sees fit to provide. Any
statements and supporting
documentation (if any) received by the
Board by the deadline indicated above
will be made part of the record of this
proceeding.
The Board will use such statements
and documents as appropriate to inform
its prehearing questions to the staff and
applicant AES; its inquiries at the oral
hearing currently scheduled for the
week of January 24, 2011, at the
Licensing Board Panel’s Rockville,
Maryland hearing room; and its decision
following the hearing.3 The Board may
also request, no later than Thursday,
January 13, 2011, that one or more
particular States, local governmental
bodies, or Indian Tribes send
representatives to the hearing to
participate as the Board may deem
appropriate, including answering Board
questions and/or making a statement for
the purpose of assisting the Board’s
exploration of one or more of the issues
raised by the State, local governmental
body, or Indian Tribe in the prehearing
filings described above. The decision on
whether to request the presence of
representatives of a State, local
governmental body, or Indian Tribe at
the hearing to participate in the oral
Aside Hold-Dates for Mandatory Hearings) (June 30,
2010) at 2 (unpublished); Licensing Board
Memorandum and Order (Initial General Schedule;
Revision to Mandatory Hearing Procedures; Inviting
Written Limited Appearance Statements;
Participation by Interested Governmental Entities)
(Oct. 7, 2010) (unpublished). As the Board’s
October 7, 2010 memorandum and order also
indicates, following the issuance of the staff’s final
environmental impact statement (EIS), the Board
anticipates establishing a schedule to govern IGE
participation in the environmental/EIS-related
portion of the uncontested/mandatory hearing for
this proceeding.
3 States, local governments, or Indian Tribes
should be aware that the uncontested/mandatory
hearing is separate and distinct from the NRC’s
contested hearing process, which has not been
invoked in this proceeding. While States, local
governments, or Indian Tribes participating as
described above may take any position they wish,
or no position at all, with respect to the AES
application or the staff’s associated safety review,
they should be cognizant that, due to the inherently
adversarial nature of such proceedings, many of the
procedures and rights applicable to the NRC’s
contested hearing process generally are not
available with respect to this uncontested hearing.
Participation in the NRC’s contested hearing
process is governed by 10 CFR 2.309 (for persons
or entities, including States, local governments, or
Indian Tribes, seeking to file contentions of their
own) and 10 CFR 2.315(c) (for interested States,
local governments, and Indian Tribes seeking to
participate with respect to contentions filed by
others). Participation in this uncontested hearing
does not affect the right of a State, local
governmental entity, or Indian Tribe to participate
in any separate contested hearing process that
might be requested relative to this proceeding.
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
63213
hearing is solely at the Board’s
discretion. The Board’s request will
specify the issue or issues that the
representatives should be prepared to
address.
It is so ordered.
For the Atomic Safety and Licensing
Board.
Dated: October 7, 2010.
G. Paul Bollwerk, III,
Administrative Judge, Rockville, Maryland.
[FR Doc. 2010–25877 Filed 10–13–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–282 and 50–306; NRC–
2010–0324]
Northern States Power Company—
Minnesota; Prairie Island Nuclear
Generating Plant, Units 1 and 2;
Environmental Assessment and
Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of an exemption from Title 10
of the Code of Federal Regulations, (10
CFR), 50.46, ‘‘Acceptance criteria for
emergency core cooling systems for
light-water nuclear power reactors’’, and
10 CFR 50, Appendix K, ‘‘AECCS
Evaluation Models,’’ for Facility
Operating License Nos. DPR–42 and
DPR–60, issued to Northern States
Power Company, a Minnesota
corporation (NSPM, the licensee), for
operation of the Prairie Island Nuclear
Generating Plant, Units 1 and 2 (PINGP),
located in Goodhue County, Minnesota.
In accordance with 10 CFR 51.21, the
NRC performed an environmental
assessment in support of this requested
exemption. Based on the results of the
environmental assessment, the NRC is
issuing a finding of no significant
impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action would consider
approval of an exemption for PINGP to
the requirements of 10 CFR 50.46 and
10 CFR Appendix K, by allowing NSPM
to use Optimized ZIRLOTM, an
advanced alloy fuel cladding material
for pressurized-water reactors. The
proposed action is in accordance with
the licensee’s application dated
November 24, 2009 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML093280883), as supplemented by
letter dated May 26, 2010 (ADAMS
Accession No. ML101480083).
E:\FR\FM\14OCN1.SGM
14OCN1
Agencies
[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Page 63213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25877]
[[Page 63213]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7015-ML; ASLBP No. 10-899-02-ML-BD01]
Atomic Safety and Licensing Board; Notice of Opportunity To
Participate in Uncontested/Mandatory Hearing (Procedures for
Participation by Interested Governmental Entities Regarding Safety
Portion of Enrichment Facility Licensing Proceeding)
October 7, 2010.
Before Administrative Judges: G. Paul Bollwerk, III, Chairman, Dr.
Kaye D. Lathrop, Dr. Craig M. White.
In the Matter of Areva Enrichment Services, LLC (Eagle Rock
Enrichment Facility)
In this 10 CFR part 70 proceeding regarding the request of
applicant AREVA Enrichment Services, LLC, (AES) to construct and
operate its proposed Eagle Rock Enrichment Facility in Bonneville
County, Idaho, on September 30, 2010, the NRC staff issued its final
safety evaluation report (SER) analyzing the Atomic Energy Act (AEA)-
related safety aspects of the AES application (NUREG-1951, ADAMS
Accession No. ML102710296). In accord with AEA section 274l, 42 U.S.C.
2021(l), on or before Friday, November 12, 2010, using the agency's E-
Filing system,\1\ any interested State, local governmental body, or
affected, federally-recognized Indian Tribe may file with the Licensing
Board in this proceeding a statement of any issues or questions about
which the State, local governmental body, or Indian Tribe wishes the
Board to give particular attention as part of the safety/SER-related
portion of the uncontested/mandatory hearing process associated with
the AES application and the staff's safety review of that
application.\2\ Such a statement may be accompanied by any supporting
documentation that the State, local governmental body, or Indian Tribe
sees fit to provide. Any statements and supporting documentation (if
any) received by the Board by the deadline indicated above will be made
part of the record of this proceeding.
---------------------------------------------------------------------------
\1\ The process for accessing and using the agency's E-Filing
system is described in the July 23, 2009 notice of hearing that was
issued by the Commission for this proceeding. See Notice of Receipt
of Application for License; Notice of Consideration of Issuance of
License; Notice of Hearing and Commission Order and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information for Contention Preparation;
In the Matter of Areva Enrichment Services, LLC (Eagle Rock
Enrichment Facility), 74 FR 38,052, 38,055 (Jul. 30, 2009) (CLI-09-
15, 70 NRC 1, 10-11 (2009)).
\2\ The scope of, and procedural protocols associated with, the
uncontested/mandatory hearing in this proceeding are set forth in
the Licensing Board's orders of May 19, June 4, and June 30, 2010,
as well as its October 7, 2010 scheduling order. See Licensing Board
Initial Scheduling Order (May 19, 2010) at 3-7 (unpublished);
Licensing Board Order (Clarifying Initial Scheduling Order) (June 4,
2010) at 2-5 (unpublished); Licensing Board Order (Setting Aside
Hold-Dates for Mandatory Hearings) (June 30, 2010) at 2
(unpublished); Licensing Board Memorandum and Order (Initial General
Schedule; Revision to Mandatory Hearing Procedures; Inviting Written
Limited Appearance Statements; Participation by Interested
Governmental Entities) (Oct. 7, 2010) (unpublished). As the Board's
October 7, 2010 memorandum and order also indicates, following the
issuance of the staff's final environmental impact statement (EIS),
the Board anticipates establishing a schedule to govern IGE
participation in the environmental/EIS-related portion of the
uncontested/mandatory hearing for this proceeding.
---------------------------------------------------------------------------
The Board will use such statements and documents as appropriate to
inform its prehearing questions to the staff and applicant AES; its
inquiries at the oral hearing currently scheduled for the week of
January 24, 2011, at the Licensing Board Panel's Rockville, Maryland
hearing room; and its decision following the hearing.\3\ The Board may
also request, no later than Thursday, January 13, 2011, that one or
more particular States, local governmental bodies, or Indian Tribes
send representatives to the hearing to participate as the Board may
deem appropriate, including answering Board questions and/or making a
statement for the purpose of assisting the Board's exploration of one
or more of the issues raised by the State, local governmental body, or
Indian Tribe in the prehearing filings described above. The decision on
whether to request the presence of representatives of a State, local
governmental body, or Indian Tribe at the hearing to participate in the
oral hearing is solely at the Board's discretion. The Board's request
will specify the issue or issues that the representatives should be
prepared to address.
---------------------------------------------------------------------------
\3\ States, local governments, or Indian Tribes should be aware
that the uncontested/mandatory hearing is separate and distinct from
the NRC's contested hearing process, which has not been invoked in
this proceeding. While States, local governments, or Indian Tribes
participating as described above may take any position they wish, or
no position at all, with respect to the AES application or the
staff's associated safety review, they should be cognizant that, due
to the inherently adversarial nature of such proceedings, many of
the procedures and rights applicable to the NRC's contested hearing
process generally are not available with respect to this uncontested
hearing. Participation in the NRC's contested hearing process is
governed by 10 CFR 2.309 (for persons or entities, including States,
local governments, or Indian Tribes, seeking to file contentions of
their own) and 10 CFR 2.315(c) (for interested States, local
governments, and Indian Tribes seeking to participate with respect
to contentions filed by others). Participation in this uncontested
hearing does not affect the right of a State, local governmental
entity, or Indian Tribe to participate in any separate contested
hearing process that might be requested relative to this proceeding.
---------------------------------------------------------------------------
It is so ordered.
For the Atomic Safety and Licensing Board.
Dated: October 7, 2010.
G. Paul Bollwerk, III,
Administrative Judge, Rockville, Maryland.
[FR Doc. 2010-25877 Filed 10-13-10; 8:45 am]
BILLING CODE 7590-01-P