Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License Numbers NPF-76 and NPF-80 for an Additional 20-Year Period, STP Nuclear Operating Company, South Texas Project, Units 1 and 2, 2426-2428 [2011-610]
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srobinson on DSKHWCL6B1PROD with NOTICES
2426
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
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–2009–
0263 in the subject line of your
comments. Comments submitted in
writing or in electronic form will be
posted on the NRC website and on the
Federal rulemaking website
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 Website: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2009–0263. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Cindy K. Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), 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 copy 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
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The Regulatory
Analysis is available electronically
under ADAMS Accession Number
ML103350166.
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Comments would be most helpful if
received by March 14, 2011. Comments
received after that date will be
considered if it is practical to do so, but
the NRC is able to ensure consideration
only for comments received on or before
this date. Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
Electronic copies of DG–1229 are
available through the NRC’s public Web
site under Draft Regulatory Guides in
the ‘‘Regulatory Guides’’ collection of
the NRC’s Electronic Reading Room at
https://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also
available in ADAMS (https://
www.nrc.gov/reading-rm/adams.html),
under Accession No. ML103350136.
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 6th day
of January, 2011.
For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guide, Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. 2011–611 Filed 1–12–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Numbers 50–498, 50–499; NRC–
2010–0375]
Notice of Acceptance for Docketing of
the Application and Notice of
Opportunity for Hearing Regarding
Renewal of Facility Operating License
Numbers NPF–76 and NPF–80 for an
Additional 20-Year Period, STP Nuclear
Operating Company, South Texas
Project, Units 1 and 2
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering an application for the
renewal of operating licenses NPF–76
and NPF–80, which authorizes STP
Nuclear Operating Company (STPNOC),
to operate the South Texas Project STP,
Unit 1, at 3853 megawatts thermal and
Unit 2 at 3853 megawatts thermal,
respectively. The renewed licenses
would authorize the applicant to
operate STP, Units 1 and 2, for an
additional 20 years beyond the period
specified in the current licenses. STP,
Units 1 and 2, are located near
Wadsworth, TX; the current operating
license for Unit 1 expires on August 20,
2027, and Unit 2 expires on December
15, 2028.
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STPNOC submitted the application
dated October 25, 2010, pursuant to
Title 10, Part 54, of the Code of Federal
Regulations (10 CFR Part 54), to renew
operating licenses NPF–76 and NPF–80
for STP, Units 1 and 2. A notice of
receipt and availability of the license
renewal application (LRA) was
published in the Federal Register on
December 9, 2010 (75 FR 76757).
The NRC staff has determined that
STPNOC has submitted sufficient
information in accordance with 10 CFR
Sections 54.19, 54.21, 54.22, 54.23, and
51.53(c), to enable the staff to undertake
a review of the application, and that the
application is therefore acceptable for
docketing. The current Docket Numbers
50–498 and 50–499 for operating
licenses NPF–76 and NPF–80,
respectively, will be retained. The
determination to accept the LRA for
docketing does not constitute a
determination that a 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 licenses, 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 the
renewed licenses 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
identified as requiring review, such that
there is reasonable assurance that the
activities authorized by the renewed
licenses 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 a public scoping
meeting. Detailed information regarding
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the environmental scoping meeting 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. https://www.nrc.gov/
readingrm/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
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
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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 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 requestor/petitioner shall
provide a brief explanation of the basis
for 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.1 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
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 will be required
to jointly designate a representative who
shall have the authority to act for the
requestors/petitioners with respect to
that contention.
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
1 To the extent that the application contains
attachments and supporting documents that are not
publicly available because they are asserted to
contain safeguards or proprietary information,
petitioners desiring access to this information
should contact the applicant or applicant’s counsel
to discuss the need for a protective order.
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2427
participate fully in the conduct of the
hearing. A request for hearing or a
petition for leave to intervene must be
filed in accordance with the NRC E–
Filing rule, which the NRC promulgated
in August 2007, 72 FR 49139 (Aug. 28,
2007). The E–Filing process requires
participants to submit and serve
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
requestor/petitioner must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@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
requestor/petitioner (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
requestor/petitioner 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 requestor/petitioner 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
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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
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is 1–800–397–
4209 or locally, 301–415–4737.
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, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
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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. 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.
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 STP,
Units 1 and 2, 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/readingrm/adams.html under ADAMS
Accession Number ML103010256. 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
Public Document Room (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 license renewal application is
also available to local residents near
STP, at the Bay City Public Library,
1100 7th Street, Bay City, TX 77414.
Dated at Rockville, Maryland, this 7th day
of January, 2011.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. 2011–610 Filed 1–12–11; 8:45 am]
PRESIDIO TRUST
Notice of Public Meeting
The Presidio Trust.
Notice of public meeting.
AGENCY:
In accordance with § 103(c)(6)
of the Presidio Trust Act, 16 U.S.C.
460bb appendix, and in accordance
with the Presidio Trust’s bylaws, notice
is hereby given that a public meeting of
SUMMARY:
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Fmt 4703
Dated: January 5, 2011.
Karen A. Cook,
General Counsel.
[FR Doc. 2011–660 Filed 1–12–11; 8:45 am]
BILLING CODE 4310–4R–P
OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
Request for Public Comment on the
Draft National Nanotechnology
Initiative Strategy for NanotechnologyRelated Environmental, Health, and
Safety Research
White House Office of Science
and Technology Policy.
ACTION: Notice: Request for public
comment.
AGENCY:
With this notice, the White
House Office of Science and Technology
Policy and the Nanoscale Science,
Engineering, and Technology
Subcommittee of the National Science
and Technology Council request
comments from the public regarding the
draft National Nanotechnology Initiative
(NNI) Strategy for NanotechnologyRelated Environmental, Health, and
Safety Research (hereafter referred to as
‘‘draft NNI EHS strategy’’). The draft NNI
EHS strategy is posted at https://
strategy.nano.gov. Comments of
SUMMARY:
BILLING CODE 7590–01–P
ACTION:
the Presidio Trust Board of Directors
will be held commencing 6:30 p.m. on
Monday, February 7, 2011, at the
Golden Gate Club, 135 Fisher Loop,
Presidio of San Francisco, California.
The Presidio Trust was created by
Congress in 1996 to manage
approximately eighty percent of the
former U.S. Army base known as the
Presidio, in San Francisco, California.
The purposes of this meeting are to
approve minutes of a previous Board
meeting, to provide the Chairperson’s
report, to provide the Executive
Director’s report, to provide project
updates, and to receive public comment
on other matters in accordance with the
Trust’s Public Outreach Policy.
Individuals requiring special
accommodation at this meeting, such as
needing a sign language interpreter,
should contact Mollie Matull at
415.561.5300 prior to January 31, 2011.
Time: The meeting will begin at 6:30
p.m. on Monday, February 7, 2011.
ADDRESSES: The meeting will be held at
the Golden Gate Club, 135 Fisher Loop,
Presidio of San Francisco.
FOR FURTHER INFORMATION CONTACT:
Karen Cook, General Counsel, the
Presidio Trust, 34 Graham Street, P.O.
Box 29052, San Francisco, California
94129–0052, Telephone: 415.561.5300.
Sfmt 4703
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Agencies
[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2426-2428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-610]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Numbers 50-498, 50-499; NRC-2010-0375]
Notice of Acceptance for Docketing of the Application and Notice
of Opportunity for Hearing Regarding Renewal of Facility Operating
License Numbers NPF-76 and NPF-80 for an Additional 20-Year Period, STP
Nuclear Operating Company, South Texas Project, Units 1 and 2
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of operating licenses NPF-76
and NPF-80, which authorizes STP Nuclear Operating Company (STPNOC), to
operate the South Texas Project STP, Unit 1, at 3853 megawatts thermal
and Unit 2 at 3853 megawatts thermal, respectively. The renewed
licenses would authorize the applicant to operate STP, Units 1 and 2,
for an additional 20 years beyond the period specified in the current
licenses. STP, Units 1 and 2, are located near Wadsworth, TX; the
current operating license for Unit 1 expires on August 20, 2027, and
Unit 2 expires on December 15, 2028.
STPNOC submitted the application dated October 25, 2010, pursuant
to Title 10, Part 54, of the Code of Federal Regulations (10 CFR Part
54), to renew operating licenses NPF-76 and NPF-80 for STP, Units 1 and
2. A notice of receipt and availability of the license renewal
application (LRA) was published in the Federal Register on December 9,
2010 (75 FR 76757).
The NRC staff has determined that STPNOC has submitted sufficient
information in accordance with 10 CFR Sections 54.19, 54.21, 54.22,
54.23, and 51.53(c), to enable the staff to undertake a review of the
application, and that the application is therefore acceptable for
docketing. The current Docket Numbers 50-498 and 50-499 for operating
licenses NPF-76 and NPF-80, respectively, will be retained. The
determination to accept the LRA for docketing does not constitute a
determination that a 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 licenses, 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 the renewed licenses 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
licenses 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 a public scoping meeting. Detailed information
regarding
[[Page 2427]]
the environmental scoping meeting 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. https://www.nrc.gov/readingrm/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 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
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
requestor/petitioner shall provide a brief explanation of the basis for
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.\1\ 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.
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\1\ To the extent that the application contains attachments and
supporting documents that are not publicly available because they
are asserted to contain safeguards or proprietary information,
petitioners desiring access to this information should contact the
applicant or applicant's counsel to discuss the need for a
protective order.
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The Commission requests that each contention be given a separate
numeric or alpha designation within one of the 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 will be required to jointly
designate a representative who shall have the authority to act for the
requestors/petitioners with respect to that contention.
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. A request for hearing or a petition for leave to intervene
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007). The E-Filing
process requires participants to submit and serve 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 requestor/petitioner
must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@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 requestor/petitioner (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each requestor/
petitioner 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 requestor/petitioner 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
[[Page 2428]]
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 technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is 1-800-397-4209 or
locally, 301-415-4737.
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, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless 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. 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.
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 STP, Units 1 and 2, 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
ML103010256. 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 Public Document Room (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 license renewal
application is also available to local residents near STP, at the Bay
City Public Library, 1100 7th Street, Bay City, TX 77414.
Dated at Rockville, Maryland, this 7th day of January, 2011.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011-610 Filed 1-12-11; 8:45 am]
BILLING CODE 7590-01-P