Atomic Safety and Licensing Board; AREVA Enrichment Services, LLC (Eagle Rock Enrichment Facility); Notice of Opportunity to Participate in Uncontested/Mandatory Hearing; Procedures for Participation by Interested Governmental Entities Regarding Environmental Portion of Enrichment Facility Licensing Proceeding, 11523-11524 [2011-4610]

Download as PDF Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices North, 11555 Rockville Pike, Rockville, Maryland 20852 or from NRC’s Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/ adams.html. The ADAMS accession numbers for the final EIS are ML11049A000 and ML11049A001. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the PDR reference staff by telephone at 1–800– 397–4209 or 1–301–415–4737 or by email at pdr.resource@nrc.gov. The Bay City Public Library, located at 1100 7th Street, Bay City, Texas, has also agreed to make the EIS available to the public. FOR FURTHER INFORMATION CONTACT: Ms. Jessie Muir, Environmental Projects Branch 2, U.S. Nuclear Regulatory Commission, Mail Stop T7–E30, Washington, DC, 20555–0001. Ms. Muir may be contacted by telephone at 301– 415–0491 or via e-mail at Jessie.Muir@nrc.gov. Dated at Rockville, Maryland, this 24th day of February, 2011. For the Nuclear Regulatory Commission. Scott Flanders, Director, Division of Site and Environmental Reviews, Office of New Reactors. [FR Doc. 2011–4677 Filed 3–1–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 70–7015–ML; ASLBP No. 10– 899–02–ML–BD01] Atomic Safety and Licensing Board; AREVA Enrichment Services, LLC (Eagle Rock Enrichment Facility); Notice of Opportunity to Participate in Uncontested/Mandatory Hearing; Procedures for Participation by Interested Governmental Entities Regarding Environmental Portion of Enrichment Facility Licensing Proceeding emcdonald on DSK2BSOYB1PROD with NOTICES February 24, 2011. Before Administrative Judges: G. Paul Bollwerk, III, Chairman, Dr. Kaye D. Lathrop, Dr. Craig M. White. 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 (EREF) in Bonneville County, Idaho, on February 10, 2011, the NRC staff issued a notice of the availability of its final environmental impact statement (FEIS) analyzing the National Environmental Policy Act (NEPA)- VerDate Mar<15>2010 16:34 Mar 01, 2011 Jkt 223001 related environmental aspects of the AES application (NUREG–1945, ADAMS Accession Nos. ML11014A005 (Volume 1) and ML11014A006 (Volume 2)). See Notice of Availability of [FEIS] for the [AES] Proposed [EREF] in Bonneville County, ID, 76 FR 9054 (Feb. 16, 2011). In accord with Atomic Energy Act (AEA) section 274l, 42 U.S.C. § 2021(l), using the agency’s E-Filing system,1 on or before Monday, April 4, 2011, 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 environmental/ FEIS-related portion of the uncontested/ mandatory hearing process associated with the AES application and the staff’s environmental review of that application.2 Such a statement of issues/ questions may be accompanied by any supporting documentation that the State, local governmental body, or Indian Tribe sees fit to provide. Any 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, June 30, and December 17, 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) at 2–3 (unpublished); Licensing Board Memorandum and Order (Providing Presentation Topics and Administrative Directives Associated with Mandatory Hearing on Safety Matters) (Dec. 17, 2010) (unpublished). Previously, the Board issued a notice regarding participation by States, local governmental bodies, and Indian Tribes in the AEA/safety-related portion of this proceeding, see 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), 75 FR 63,213 (Oct. 14, 2010), which was the subject of an evidentiary hearing on January 25, 2011, in the Atomic Safety and Licensing Board Panel’s Rockville, Maryland hearing room, see Tr. at 90–272. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 11523 statements of issues/questions 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 of issues/questions and supporting documents as appropriate to inform its prehearing questions to the staff and applicant AES and its inquiries at the oral hearing currently scheduled for mid-to-late June or mid-July 2011, at a location in Idaho in the vicinity of the proposed EREF.3 The Board may also request that one or more of the particular States, local governmental bodies, or Indian Tribes providing a statement of issues/questions 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.4 The decision 3 The Board anticipates issuing an additional order providing details regarding the schedule associated with, and the location of, the summer 2011 evidentiary hearing on environmental/NEPArelated matters in the near future, which would include dates associated with possible additional participation by any State, local governmental body, or Indian Tribe that, in accord with this notice, provides a timely statement of issues/questions for the Board to consider in the mandatory/uncontested hearing. 4 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 environmental 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. Additionally, States, local governmental bodies, and Indian Tribes should be aware that, in accord with 10 CFR 2.315(a), the Board is currently accepting written limited appearance statements regarding this proceeding, and anticipates conducting one or more oral limited appearance sessions in conjunction with the planned summer 2011 evidentiary hearing sessions. See Notice of Hearing (Notice of Evidentiary Hearing and Opportunity to View Hearing via Webstreaming; Opportunity To Submit Written Limited Appearance Statements), 76 FR 387, 388 (Jan. 4, E:\FR\FM\02MRN1.SGM Continued 02MRN1 11524 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices 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. It is so ordered. Dated: February 24, 2011 in Rockville, Maryland. For the Atomic Safety and Licensing Board. G. Paul Bollwerk, III, Chairman. [FR Doc. 2011–4610 Filed 3–1–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Advanced Boiling Water Reactors (ABWR); Notice of Meeting emcdonald on DSK2BSOYB1PROD with NOTICES The ACRS Subcommittee on Advanced Boiling Water Reactors (ABWR) will hold a meeting on March 8–9, 2011, 11545 Rockville Pike, Rockville, MD, Room T–2B1. The entire meeting will be open to public attendance, with the exception of a portion that may be closed to protect information that is proprietary pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: March 8–9, 2011—8:30 a.m. until 5 p.m. The purpose of the meeting is to review Chapters 4, 5, 6, 11, 13 and 16 of the Safety Evaluation Report with no open items and the aspect of long term cooling associated with the Combined License Application for South Texas Project Units 3 and 4. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, the Nuclear Innovation North America, LLC, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and 2011). A written limited appearance statement or oral limited appearance session presentation would provide an alternative participation opportunity for the representative of an interested governmental entity that does not wish to submit a statement of issues/questions in accord with this notice, but does want to provide the Board with its views regarding the issues in this proceeding. The process for making an oral limited appearance statement will be outlined in a Federal Register notice issued prior to those sessions. VerDate Mar<15>2010 16:34 Mar 01, 2011 Jkt 223001 actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Maitri Banerjee (Telephone 301–415–6973 or E-mail: Maitri.Banerjee@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty five hard copies of each presentation or handout should be provided to the Designated Federal Official thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the Designated Federal Official one day before meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the Designated Federal Official with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 21, 2010, (75 FR 65038–65039). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the website cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. Dated: February 24, 2011. Yoira Diaz-Sanabria, Acting Chief, Reactor Safety Branch A, Advisory Committee on Reactor Safeguards. [FR Doc. 2011–4674 Filed 3–1–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of the ACRS Subcommittee on Planning and Procedures; Notice of Meeting The ACRS Subcommittee on Planning and Procedures will hold a meeting on PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 March 9, 2011, Room T–2B3, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b (c)(2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: Wednesday, March 9, 2011–12 p.m. until 1 p.m. The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Kent Howard (Telephone 301–415–2989 or E-mail: Kent.Howard@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be e-mailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 21, 2010, (75 FR 65038–65039). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11523-11524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4610]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7015-ML; ASLBP No. 10-899-02-ML-BD01]


Atomic Safety and Licensing Board; AREVA Enrichment Services, LLC 
(Eagle Rock Enrichment Facility); Notice of Opportunity to Participate 
in Uncontested/Mandatory Hearing; Procedures for Participation by 
Interested Governmental Entities Regarding Environmental Portion of 
Enrichment Facility Licensing Proceeding

February 24, 2011.
    Before Administrative Judges: G. Paul Bollwerk, III, Chairman, Dr. 
Kaye D. Lathrop, Dr. Craig M. White.
    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 (EREF) in 
Bonneville County, Idaho, on February 10, 2011, the NRC staff issued a 
notice of the availability of its final environmental impact statement 
(FEIS) analyzing the National Environmental Policy Act (NEPA)-related 
environmental aspects of the AES application (NUREG-1945, ADAMS 
Accession Nos. ML11014A005 (Volume 1) and ML11014A006 (Volume 2)). See 
Notice of Availability of [FEIS] for the [AES] Proposed [EREF] in 
Bonneville County, ID, 76 FR 9054 (Feb. 16, 2011). In accord with 
Atomic Energy Act (AEA) section 274l, 42 U.S.C. Sec.  2021(l), using 
the agency's E-Filing system,\1\ on or before Monday, April 4, 2011, 
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 environmental/FEIS-related 
portion of the uncontested/mandatory hearing process associated with 
the AES application and the staff's environmental review of that 
application.\2\ Such a statement of issues/questions may be accompanied 
by any supporting documentation that the State, local governmental 
body, or Indian Tribe sees fit to provide. Any statements of issues/
questions 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, June 30, and 
December 17, 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) at 2-3 (unpublished); 
Licensing Board Memorandum and Order (Providing Presentation Topics 
and Administrative Directives Associated with Mandatory Hearing on 
Safety Matters) (Dec. 17, 2010) (unpublished).
    Previously, the Board issued a notice regarding participation by 
States, local governmental bodies, and Indian Tribes in the AEA/
safety-related portion of this proceeding, see 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), 75 FR 63,213 (Oct. 14, 
2010), which was the subject of an evidentiary hearing on January 
25, 2011, in the Atomic Safety and Licensing Board Panel's 
Rockville, Maryland hearing room, see Tr. at 90-272.
---------------------------------------------------------------------------

    The Board will use such statements of issues/questions and 
supporting documents as appropriate to inform its prehearing questions 
to the staff and applicant AES and its inquiries at the oral hearing 
currently scheduled for mid-to-late June or mid-July 2011, at a 
location in Idaho in the vicinity of the proposed EREF.\3\ The Board 
may also request that one or more of the particular States, local 
governmental bodies, or Indian Tribes providing a statement of issues/
questions 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.\4\ The 
decision

[[Page 11524]]

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\ The Board anticipates issuing an additional order providing 
details regarding the schedule associated with, and the location of, 
the summer 2011 evidentiary hearing on environmental/NEPA-related 
matters in the near future, which would include dates associated 
with possible additional participation by any State, local 
governmental body, or Indian Tribe that, in accord with this notice, 
provides a timely statement of issues/questions for the Board to 
consider in the mandatory/uncontested hearing.
    \4\ 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 environmental 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.
    Additionally, States, local governmental bodies, and Indian 
Tribes should be aware that, in accord with 10 CFR 2.315(a), the 
Board is currently accepting written limited appearance statements 
regarding this proceeding, and anticipates conducting one or more 
oral limited appearance sessions in conjunction with the planned 
summer 2011 evidentiary hearing sessions. See Notice of Hearing 
(Notice of Evidentiary Hearing and Opportunity to View Hearing via 
Webstreaming; Opportunity To Submit Written Limited Appearance 
Statements), 76 FR 387, 388 (Jan. 4, 2011). A written limited 
appearance statement or oral limited appearance session presentation 
would provide an alternative participation opportunity for the 
representative of an interested governmental entity that does not 
wish to submit a statement of issues/questions in accord with this 
notice, but does want to provide the Board with its views regarding 
the issues in this proceeding. The process for making an oral 
limited appearance statement will be outlined in a Federal Register 
notice issued prior to those sessions.
---------------------------------------------------------------------------

    It is so ordered.

    Dated: February 24, 2011 in Rockville, Maryland.

    For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Chairman.
[FR Doc. 2011-4610 Filed 3-1-11; 8:45 am]
BILLING CODE 7590-01-P