South Carolina Public Service Authority (Also Referred to as Santee Cooper); Combined Licenses for Virgil C. Summer Nuclear Station, Units 2 and 3, 53492-53494 [2011-21896]
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53492
Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Unemployment Insurance State Quality
Service Plan
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Employment
and Training Administration (ETA)
sponsored information collection
request (ICR) titled, ‘‘Unemployment
Insurance State Quality Service Plan,’’
to the Office of Management and Budget
(OMB) for review and approval for
continued use in accordance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501 et seq.).
DATES: Submit comments on or before
September 26, 2011.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained from the RegInfo.gov
Web site, https://www.reginfo.gov/
public/do/PRAMain, on the day
following publication of this notice or
by contacting Michel Smyth by
telephone at 202–693–4129 (this is not
a toll-free number) or sending an e-mail
to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for the U.S. Department of Labor,
Employment and Training
Administration (ETA), Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–6929/Fax: 202–395–6881
(these are not toll-free numbers), e-mail:
OIRA_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Michel Smyth by telephone at 202–693–
4129 (this is not a toll-free number) or
by e-mail at
DOL_PRA_PUBLIC@dol.gov.
SUMMARY:
The State
Quality Service Plan is one of several
implementing documents for UI
PERFORMS that allows for an exchange
of information between the Federal and
State partners to enhance the ability of
the program to reflect the joint
commitment to continuous
improvement and client centered
services.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
emcdonald on DSK2BSOYB1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
19:37 Aug 25, 2011
Jkt 223001
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information if the
collection of information does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6. The
DOL obtains OMB approval for this
information collection under OMB
Control Number 1205–0132. The current
OMB approval is scheduled to expire on
August 31, 2011; however, it should be
noted that information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional information, see the related
notice published in the Federal Register
on May 5, 2011 (76 FR 25710).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
reference OMB Control Number 1205–
0132. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: Employment and Training
Administration (ETA).
Title of Collection: Unemployment
Insurance State Quality Service Plan.
OMB Control Number: 1205–0132.
Affected Public: State, Local, and
Tribal Governments.
Total Estimated Number of
Respondents: 53.
Total Estimated Number of
Responses: 848.
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Fmt 4703
Sfmt 4703
Total Estimated Annual Burden
Hours: 2,576.
Total Estimated Annual Other Costs
Burden: $0.
Dated: August 22, 2011.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2011–21850 Filed 8–25–11; 8:45 am]
BILLING CODE 4510–FW–P
LEGAL SERVICES CORPORATION
Sunshine Act Meeting; Cancellation—
Board of Directors
The August 25, 2011
meeting of the Legal Services
Corporation’s Board of Directors
previously noticed in Volume 76,
Number 162 of the Federal Register, at
pages 52352–52353, has been cancelled.
CONTACT PERSON FOR INFORMATION:
Katherine Ward, Executive Assistant to
the Vice President & General Counsel, at
(202) 295–1500. Questions may be sent
by electronic mail to
FR_NOTICE_QUESTIONS@lsc.gov.
TIME AND DATE:
Dated: August 23, 2011.
Victor M. Fortuno,
Vice President & General Counsel.
[FR Doc. 2011–21962 Filed 8–24–11; 11:15 am]
BILLING CODE 7050–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2008–0441; Docket Nos. 52–027–COL
and 52–028–COL]
South Carolina Public Service
Authority (Also Referred to as Santee
Cooper); Combined Licenses for Virgil
C. Summer Nuclear Station, Units 2
and 3
Nuclear Regulatory
Commission.
ACTION: Notice of hearing.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
will convene an evidentiary session to
receive testimony and exhibits in the
uncontested portion of this proceeding
regarding the application of South
Carolina Electric & Gas Company for
two combined licenses (COLs) seeking
approval to construct and operate new
nuclear power generation facilities at
the Virgil C. Summer Nuclear Station
(VCSNS). This mandatory hearing will
concern safety and environmental
matters relating to the proposed
issuance of the requested COLs.
DATES: The hearing will be held on
October 12, 2011, from 9 a.m. (Eastern
SUMMARY:
E:\FR\FM\26AUN1.SGM
26AUN1
Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices
Daylight Time). For a schedule for
submitting prefiled documents and
deadlines affecting Interested
Government Participants, see the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Rochelle C. Bavol, Office of the
Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: 301–415–1651; e-mail:
Rochelle.Bavol@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Commission hereby gives notice
that, pursuant to Section 189a of the
Atomic Energy Act, it will convene an
evidentiary session to receive testimony
and exhibits in the uncontested portion
of this proceeding regarding the March
27, 2008, application of South Carolina
Electric & Gas Company, acting for itself
and as agent for the South Carolina
Public Service Authority (also referred
to as Santee Cooper), for two Title 10 of
the Code of Federal Regulations (10
CFR) part 52 combined licenses (COLs),
seeking approval to construct and
operate new nuclear power generation
facilities at the Virgil C. Summer
Nuclear Station (VCSNS), to be located
in Fairfield County, South Carolina.
This mandatory hearing will concern
safety and environmental matters
relating to the proposed issuance of the
requested COLs, as more fully described
below. Participants in the hearing are
not to address any contested issues in
their written filings or oral
presentations.
emcdonald on DSK2BSOYB1PROD with NOTICES
Matters To Be Considered
The matter at issue in this proceeding
is whether the review of the application
by the Commission’s staff has been
adequate to support the findings found
in 10 CFR 52.97 and 10 CFR 51.107 for
each of the COLs to be issued. Those
findings that must be made for each
COL are as follows:
Issues Pursuant to the Atomic Energy
Act of 1954, as Amended
(1) Whether the applicable standards
and requirements of the Act and the
Commission’s regulations have been
met; (2) whether any required
notifications to other agencies or bodies
have been duly made; (3) whether there
is reasonable assurance that the facility
will be constructed and will operate in
conformity with the license, the
provisions of the Act, and the
Commission’s regulations; (4) whether
the applicant is technically and
financially qualified to engage in the
activities authorized; and (5) whether
issuance of the license will not be
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19:37 Aug 25, 2011
Jkt 223001
inimical to the common defense and
security or the health and safety of the
public.
Issues Pursuant to the National
Environmental Policy Act (NEPA) of
1969, as Amended
(1) Determine whether the
requirements of Sections 102(2)(A), (C),
and (E) of NEPA and the applicable
regulations in 10 CFR Part 51 have been
met; (2) independently consider the
final balance among conflicting factors
contained in the record of the
proceeding with a view to determining
the appropriate action to be taken; (3)
determine, after weighing the
environmental, economic, technical,
and other benefits against
environmental and other costs, and
considering reasonable alternatives,
whether the combined license should be
issued, denied, or appropriately
conditioned to protect environmental
values; and (4) determine whether the
NEPA review conducted by the NRC
staff has been adequate.
Evidentiary Uncontested Hearing
The Commission will conduct this
hearing beginning at 9:00 a.m., Eastern
Daylight Time (EDT) on October 12,
2011, at the Commission’s headquarters
in Rockville, Maryland. The hearing on
these issues will continue on
subsequent days, if necessary.
Presiding Officer
The Commission is the presiding
officer for this proceeding.
Schedule for Submittal of Pre-Filed
Documents
No later than September 27, 2011,
unless the Commission directs
otherwise, the staff and the applicant
shall submit a list of its anticipated
witnesses for the hearing.
No later than September 27, 2011,
unless the Commission directs
otherwise, the applicant shall submit its
pre-filed written testimony. The staff
previously submitted its testimony on
August 19, 2011.
The Commission may issue written
questions to the applicant or the staff
before the hearing. If such questions are
issued, an order containing such
questions will be issued no later than
September 14, 2011. Responses to such
questions are due September 27, 2011,
unless the Commission directs
otherwise.
Interested Government Participants
No later than September 12, 2011, any
interested State, local government body,
or affected, Federally-recognized Indian
Tribe may file with the Commission a
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
53493
statement of any issues or questions that
the State, local government body, or
Indian Tribe wishes the Commission to
give particular attention to as part of the
uncontested hearing process. Such
statement may be accompanied by any
supporting documentation that the
State, local government body, or Indian
Tribe sees fit to provide. Any statements
and supporting documentation (if any)
received by the Commission using the
agency’s E-filing system 1 by the
deadline indicated above will be made
part of the record of the proceeding. The
Commission will use such statements
and documents as appropriate to inform
its pre-hearing questions to the Staff and
applicant, its inquiries at the oral
hearing and its decision following the
hearing. The Commission may also
request, prior to September 28, 2011,
that one or more particular States, local
government bodies, or Indian Tribes
send one representative each to the
evidentiary hearing to answer
Commission questions and/or make a
statement for the purpose of assisting
the Commission’s exploration of one or
more of the issues raised by the State,
local government body, or Indian Tribe
in the pre-hearing filings described
above. The decision of whether to
request the presence of a representative
of a State, local government body, or
Indian Tribe at the evidentiary hearing
to make a statement and/or answer
Commission questions is solely at the
Commission’s discretion. The
Commission’s request will specify the
issue or issues that the representative
should be prepared to address.
States, local governments, or Indian
Tribes should be aware that this
evidentiary hearing is separate and
distinct from the NRC’s contested
hearing process. Issues within the scope
of contentions that have been admitted
in a contested proceeding for a COL
application are outside the scope of the
uncontested proceeding for that COL
application. In addition, 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 issues
1 The process for accessing and using the agency’s
E-filing system is described in the October 10, 2008,
notice of hearing that was issued by the
Commission for this proceeding. See South Carolina
Electric & Gas Company, Acting for Itself and as
Agent for the South Carolina Public Service
Authority (Also Referred to as Santee Cooper)
Application for the Virgil C. Summer Nuclear
Station Units 2 and 3; Notice of Order, Hearing, and
Opportunity To Petition for Leave To Intervene [73
FR 60362]. Participants who are unable to use the
EIE, or who will have difficulty complying with EIE
requirements in the time frame provided for
submission of written statements, may provide their
statements by electronic mail to
hearingdocket@nrc.gov.
E:\FR\FM\26AUN1.SGM
26AUN1
53494
Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices
regarding the COL application or the
NRC Staff’s associated environmental
review that do fall within the scope of
the uncontested proceeding (i.e., issues
that are not within the scope of
admitted contentions), they should be
aware that many of the procedures and
rights applicable to the NRC’s contested
hearing process due to the inherently
adversarial nature of such proceedings
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 a State’s, local
government’s, or Indian Tribe’s right to
participate in the separate contested
hearing process.
The Commission recognizes that a
request to participate under 10 CFR
2.315(c) in proceedings regarding this
COL application was previously
dismissed on mootness grounds by an
NRC Atomic Safety and Licensing
Board. Such dismissals apply solely to
the contested portion of the proceeding,
and do not affect any rights to
participate in this uncontested portion
of the proceeding.
Dated at Rockville, Maryland, this 22nd
day of August 2011.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011–21896 Filed 8–25–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–7001; Certificate No. GDP–
1; EA–11–056; NRC–2011–056]
In the Matter of United States
Enrichment Corporation; Paducah
Gaseous Enrichment Plant;
Confirmatory Order (Effective
Immediately)
emcdonald on DSK2BSOYB1PROD with NOTICES
I
The United States Enrichment
Corporation (USEC), a subsidiary of
USEC Inc., is the holder of the United
States Nuclear Regulatory Commission
(NRC or the Commission) Certificates of
Compliance (COC) No. GDP–1 issued by
the NRC pursuant to Title 10 of the
Code of Federal Regulations (10 CFR)
Part 76 on November 26, 1996, and
renewed on December 22, 2008. The
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19:37 Aug 25, 2011
Jkt 223001
COC is set to expire on December 31,
2013. The certificate authorizes USEC to
operate the Paducah Gaseous Diffusion
Plant (Paducah), located near Paducah,
Kentucky. The certificate also
authorizes USEC to receive, and other
NRC licensees to transfer to USEC,
byproduct material, source material, or
special nuclear material to the extent
permitted under the COC.
This Confirmatory Order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on July 22,
2011.
II
On March 17, 2010, an incident
occurred at the Paducah facility
involving the spread of contamination
while operators were involved in the
routine activity of swapping cylinders
from the enrichment cascade in the
337A feed building. USEC-Paducah
management promptly initiated an
investigation to review the incident.
On July 14, 2010, the NRC’s Office of
Investigations (OI) initiated an
investigation (OI Case No. 2–2010–037)
regarding activities at the Paducah
facility. The purpose of the investigation
was to determine whether an operator
willfully violated applicable radiation
protection procedures.
Based on the evidence developed
during the NRC investigation, the NRC
staff identified one apparent violation,
as documented in the NRC’s letter to
USEC-Paducah dated May 18, 2011. The
apparent violation involved the failure
to adhere to the requirements of USECPaducah Procedure UE2–HP–RP1030,
Rev. 4, ‘‘Conduct of Radiological
Operations,’’ which requires that
personnel shall properly perform a
whole body frisk when exiting from
areas controlled for removable
contamination, unless otherwise
authorized by Health Physics. USECPaducah is required by Certificate GDP–
1 to implement the procedure in
accordance with Technical Safety
Requirements 3.9.1, ‘‘Procedures
Scope,’’ which requires, in part, that
written procedures shall be
implemented to cover activities listed in
Appendix A to Safety Analysis Report
(SAR) Section 6.11. Appendix A to SAR
6.11, ‘‘Procedures,’’ requires, in part, the
licensee to implement procedures to
cover radiation protection activities. In
this case, an operator failed to properly
use a radiation monitor before exiting
the contamination control zone (CCZ),
and spread contamination of high
activity level to the Operations
Monitoring Room, an area adjacent to
the CCZ and inside the 337A feed
building.
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
The NRC’s letter of May 18, 2011,
preliminarily concluded that the cause
of the violation was due, in part, to the
deliberate misconduct of an operator at
the Paducah facility.
III
On July 22, 2011, the NRC and USEC
met in an ADR session mediated by a
professional mediator, which was
arranged through Cornell University’s
Institute on Conflict Resolution. ADR is
a process in which a neutral mediator
with no decision-making authority
assists the parties in reaching an
agreement or resolving any differences
regarding their dispute. This
confirmatory order is issued pursuant to
the agreement reached during the ADR
process. The elements of the agreement
consist of the following:
1. USEC-Paducah agreed that the
issue described in Section II above
represents a violation of Certificate
GDP–1, Technical Safety Requirements
3.9.1, and USEC-Paducah Procedure
UE2–HP–RP1030, in that an employee
by-passed a radiation monitor and
exited the CCZ. USEC-Paducah also
agreed with the NRC’s conclusion that
the violation was due, in part, to the
deliberate misconduct of the employee
at the Paducah facility.
2. At the ADR session, USEC-Paducah
acknowledged the seriousness
associated with the procedural violation
and the deliberate misconduct of its
employee. The incident caused the
spread of contamination and constituted
a serious violation of its procedures,
standards, and expectations. The
potential consequences of the incident
could have been more significant,
because under different circumstances,
contamination could have been spread
to other areas of the facility, and off-site.
The incident prompted USEC to
conduct a thorough investigation of the
event, a determination of the extent of
condition, and a root cause evaluation.
USEC’s investigation also included a
review of the circumstances that took
place during the routine operational
activities of swapping cylinders to the
enrichment cascade that resulted in the
existence of contaminated material. In
addition, USEC investigated the
operational and procedural aspects that
established the conditions that led to
the spread of contamination in the
autoclave facility.
3. In response to the violation
described above, USEC-Paducah
implemented numerous corrective
actions and enhancements to address
the incident and to prevent recurrence,
including but not limited to:
a. A prompt investigation into the
incident, and the initiation of its
E:\FR\FM\26AUN1.SGM
26AUN1
]]>Agencies
[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53492-53494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21896]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2008-0441; Docket Nos. 52-027-COL and 52-028-COL]
South Carolina Public Service Authority (Also Referred to as
Santee Cooper); Combined Licenses for Virgil C. Summer Nuclear Station,
Units 2 and 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of hearing.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
will convene an evidentiary session to receive testimony and exhibits
in the uncontested portion of this proceeding regarding the application
of South Carolina Electric & Gas Company for two combined licenses
(COLs) seeking approval to construct and operate new nuclear power
generation facilities at the Virgil C. Summer Nuclear Station (VCSNS).
This mandatory hearing will concern safety and environmental matters
relating to the proposed issuance of the requested COLs.
DATES: The hearing will be held on October 12, 2011, from 9 a.m.
(Eastern
[[Page 53493]]
Daylight Time). For a schedule for submitting prefiled documents and
deadlines affecting Interested Government Participants, see the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Rochelle C. Bavol, Office of the
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-1651; e-mail: Rochelle.Bavol@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Commission hereby gives notice that, pursuant to Section 189a
of the Atomic Energy Act, it will convene an evidentiary session to
receive testimony and exhibits in the uncontested portion of this
proceeding regarding the March 27, 2008, application of South Carolina
Electric & Gas Company, acting for itself and as agent for the South
Carolina Public Service Authority (also referred to as Santee Cooper),
for two Title 10 of the Code of Federal Regulations (10 CFR) part 52
combined licenses (COLs), seeking approval to construct and operate new
nuclear power generation facilities at the Virgil C. Summer Nuclear
Station (VCSNS), to be located in Fairfield County, South Carolina.
This mandatory hearing will concern safety and environmental matters
relating to the proposed issuance of the requested COLs, as more fully
described below. Participants in the hearing are not to address any
contested issues in their written filings or oral presentations.
Matters To Be Considered
The matter at issue in this proceeding is whether the review of the
application by the Commission's staff has been adequate to support the
findings found in 10 CFR 52.97 and 10 CFR 51.107 for each of the COLs
to be issued. Those findings that must be made for each COL are as
follows:
Issues Pursuant to the Atomic Energy Act of 1954, as Amended
(1) Whether the applicable standards and requirements of the Act
and the Commission's regulations have been met; (2) whether any
required notifications to other agencies or bodies have been duly made;
(3) whether there is reasonable assurance that the facility will be
constructed and will operate in conformity with the license, the
provisions of the Act, and the Commission's regulations; (4) whether
the applicant is technically and financially qualified to engage in the
activities authorized; and (5) whether issuance of the license will not
be inimical to the common defense and security or the health and safety
of the public.
Issues Pursuant to the National Environmental Policy Act (NEPA) of
1969, as Amended
(1) Determine whether the requirements of Sections 102(2)(A), (C),
and (E) of NEPA and the applicable regulations in 10 CFR Part 51 have
been met; (2) independently consider the final balance among
conflicting factors contained in the record of the proceeding with a
view to determining the appropriate action to be taken; (3) determine,
after weighing the environmental, economic, technical, and other
benefits against environmental and other costs, and considering
reasonable alternatives, whether the combined license should be issued,
denied, or appropriately conditioned to protect environmental values;
and (4) determine whether the NEPA review conducted by the NRC staff
has been adequate.
Evidentiary Uncontested Hearing
The Commission will conduct this hearing beginning at 9:00 a.m.,
Eastern Daylight Time (EDT) on October 12, 2011, at the Commission's
headquarters in Rockville, Maryland. The hearing on these issues will
continue on subsequent days, if necessary.
Presiding Officer
The Commission is the presiding officer for this proceeding.
Schedule for Submittal of Pre-Filed Documents
No later than September 27, 2011, unless the Commission directs
otherwise, the staff and the applicant shall submit a list of its
anticipated witnesses for the hearing.
No later than September 27, 2011, unless the Commission directs
otherwise, the applicant shall submit its pre-filed written testimony.
The staff previously submitted its testimony on August 19, 2011.
The Commission may issue written questions to the applicant or the
staff before the hearing. If such questions are issued, an order
containing such questions will be issued no later than September 14,
2011. Responses to such questions are due September 27, 2011, unless
the Commission directs otherwise.
Interested Government Participants
No later than September 12, 2011, any interested State, local
government body, or affected, Federally-recognized Indian Tribe may
file with the Commission a statement of any issues or questions that
the State, local government body, or Indian Tribe wishes the Commission
to give particular attention to as part of the uncontested hearing
process. Such statement may be accompanied by any supporting
documentation that the State, local government body, or Indian Tribe
sees fit to provide. Any statements and supporting documentation (if
any) received by the Commission using the agency's E-filing system \1\
by the deadline indicated above will be made part of the record of the
proceeding. The Commission will use such statements and documents as
appropriate to inform its pre-hearing questions to the Staff and
applicant, its inquiries at the oral hearing and its decision following
the hearing. The Commission may also request, prior to September 28,
2011, that one or more particular States, local government bodies, or
Indian Tribes send one representative each to the evidentiary hearing
to answer Commission questions and/or make a statement for the purpose
of assisting the Commission's exploration of one or more of the issues
raised by the State, local government body, or Indian Tribe in the pre-
hearing filings described above. The decision of whether to request the
presence of a representative of a State, local government body, or
Indian Tribe at the evidentiary hearing to make a statement and/or
answer Commission questions is solely at the Commission's discretion.
The Commission's request will specify the issue or issues that the
representative should be prepared to address.
---------------------------------------------------------------------------
\1\ The process for accessing and using the agency's E-filing
system is described in the October 10, 2008, notice of hearing that
was issued by the Commission for this proceeding. See South Carolina
Electric & Gas Company, Acting for Itself and as Agent for the South
Carolina Public Service Authority (Also Referred to as Santee
Cooper) Application for the Virgil C. Summer Nuclear Station Units 2
and 3; Notice of Order, Hearing, and Opportunity To Petition for
Leave To Intervene [73 FR 60362]. Participants who are unable to use
the EIE, or who will have difficulty complying with EIE requirements
in the time frame provided for submission of written statements, may
provide their statements by electronic mail to
hearingdocket@nrc.gov.
---------------------------------------------------------------------------
States, local governments, or Indian Tribes should be aware that
this evidentiary hearing is separate and distinct from the NRC's
contested hearing process. Issues within the scope of contentions that
have been admitted in a contested proceeding for a COL application are
outside the scope of the uncontested proceeding for that COL
application. In addition, 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 issues
[[Page 53494]]
regarding the COL application or the NRC Staff's associated
environmental review that do fall within the scope of the uncontested
proceeding (i.e., issues that are not within the scope of admitted
contentions), they should be aware that many of the procedures and
rights applicable to the NRC's contested hearing process due to the
inherently adversarial nature of such proceedings 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 a State's, local
government's, or Indian Tribe's right to participate in the separate
contested hearing process.
The Commission recognizes that a request to participate under 10
CFR 2.315(c) in proceedings regarding this COL application was
previously dismissed on mootness grounds by an NRC Atomic Safety and
Licensing Board. Such dismissals apply solely to the contested portion
of the proceeding, and do not affect any rights to participate in this
uncontested portion of the proceeding.
Dated at Rockville, Maryland, this 22nd day of August 2011.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011-21896 Filed 8-25-11; 8:45 am]
BILLING CODE 7590-01-P
