Tennessee Valley Authority (Bellefonte Nuclear Plant, Unit 1), 62457-62460 [2011-26059]

Download as PDF Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Notices Proposal for the following collection of information: OMB Number: 3133–0004. Form Number: NCUA 5300. Type of Review: Revision to the currently approved collection. Title: Quarterly Call Report. Description: The financial and statistical information is essential to NCUA in carrying out its responsibility for the supervision of federally insured credit unions. The information also enables NCUA to monitor all federally insured credit unions whose share accounts are insured by the National Credit Union Share Insurance Fund (NCUSIF). Respondents: All Credit Unions. Estimated No. of Respondents/ Recordkeepers: 7,264. Estimated Burden Hours per Response: 6.6 hours. Frequency of Response: Quarterly. Estimated Total Annual Burden Hours: 191,770. Estimated Total Annual Cost: $5,628,450. SUPPLEMENTARY INFORMATION: By the National Credit Union Administration Board on October 3, 2011. Mary Rupp, Secretary of the Board. BILLING CODE 7535–01–P NATIONAL SCIENCE FOUNDATION jlentini on DSK4TPTVN1PROD with NOTICES National Science Board; Sunshine Act Meeting The National Science Board’s Subcommittee on Facilities, pursuant to NSF regulations (45 CFR 614), The National Science Foundation Act (42 U.S.C. 1862n–5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of a meeting for the transaction of National Science Board business and other matters specified, as follows: DATE AND TIME: Wednesday October 12, 2011 at 2–3 p.m., EDT. SUBJECT MATTER: Chairman’s remarks, approval of minutes of prior meetings, discussion of Mid-Scale Instrumentation Report. STATUS: Open. This meeting will be held by teleconference originating at the National Science Board Office, National Science Foundation, 4201Wilson Blvd., Arlington, VA 22230. A room will be available for the public and NSF staff to listen-in on this teleconference meeting. All visitors must contact the Board Office at least one day prior to the 16:33 Oct 06, 2011 Jkt 226001 Suzanne Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2011–26189 Filed 10–5–11; 4:15 pm] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–443–LR; ASLBP No. 10– 906–02–LR–BD01] Atomic Safety and Licensing Board; Nextera Energy Seabrook, LLC (Seabrook Station, Unit 1); Notice of Hearing [FR Doc. 2011–26060 Filed 10–6–11; 8:45 am] VerDate Mar<15>2010 meeting to arrange for a visitor’s badge and obtain the room number. Call 703– 292–7000 to request your badge, which will be ready for pick-up at the visitor’s desk on the day of the meeting. All visitors must report to the NSF visitor desk at the 9th and N. Stuart Streets entrance to receive their visitor’s badge on the day of the teleconference. Please refer to the National Science Board Web site (http://www.nsf.gov/nsb/ notices/) for information or schedule updates, or contact: Jennie Moehlmann, National Science Foundation, 4201Wilson Blvd., Arlington, VA 22230. Telephone: (703) 292–7000. Before Administrative Judges: Paul S. Ryerson, Chairman; Dr. Michael F. Kennedy, Dr. Richard E. Wardwell. This proceeding concerns the application filed by NextEra Energy Seabrook, LLC to extend its operating license for Seabrook Station, Unit 1 for an additional twenty years. In a February 15, 2011 memorandum and order, the Board ruled that each of the five petitioning organizations (now Intervenors) has standing to intervene in this proceeding and admitted four of the contentions proffered by the Intervenors, in whole or in part.1 Accordingly, the Board will conduct an evidentiary hearing concerning the admitted contentions, as limited by the Board’s February 15, 2011 order.2 The specific time, date and location of the evidentiary hearing will be announced in a subsequent notice or order. It is so ordered. For the Atomic Safety and Licensing Board. Dated in Rockville, Maryland, on October 3, 2011. Paul S. Ryerson, Chairman, Administrative Judge. [FR Doc. 2011–26052 Filed 10–6–11; 8:45 am] BILLING CODE 7590–01–P 1 LBP–11–02, 73 NRC l ,l (slip op. at 1–2) (Feb. 15, 2011). 2 Id. at 63. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 62457 NUCLEAR REGULATORY COMMISSION [NRC–2009–0093; Docket No. 50–438] Tennessee Valley Authority (Bellefonte Nuclear Plant, Unit 1) Order I. The Tennessee Valley Authority (TVA, or the applicant) is the current holder of Construction Permit (CP) Nos. CPPR–122 and CPPR–123, which were issued by the Atomic Energy Commission (now the U.S. Nuclear Regulatory Commission (NRC)) on December 24, 1974 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML090680334) for construction of the Bellefonte Nuclear Plant (BLN), Units 1 and 2, respectively. The CPs for CPPR– 122 and CPPR–123 expire on October 1, 2011, and October 1, 2014, respectively. These facilities, currently in deferred plant status as described in the Commission Policy Statement on Deferred Plants, published in the Federal Register on October 14, 1987 (52 FR 38077), are at the applicant’s site in Jackson County, AL, located on a peninsula at Tennessee River Mile 392 on the west shore of Guntersville Reservoir, about 6 miles east-northeast of Scottsboro, AL. TVA filed a request on October 8, 2010 (ADAMS Accession No. ML102870233), as supplemented April 25 and September 1, 2011 (ADAMS Accession Nos. ML11124A170 and ML11249A162, respectively), under Title 10 of the Code of Federal Regulations (10 CFR) 50.55(b) for the extension of the latest date for completion of construction as stated in CPPR–122 for BLN, Unit 1, to October 1, 2020. In its letter dated October 8, 2010, TVA stated that extending the BLN Unit 1 CP would allow it to either complete construction or continue to preserve and maintain BLN Unit 1 in a deferred status as a valuable asset pending a longer term determination of generation needs to meet future electrical demand. TVA stated that the requested extension includes a reasonable amount of time to allow for adjustments to the schedule as may become necessary. TVA also informed the NRC that its decision on the eventual construction and completion of BLN Unit 1 would be pending completion of TVA’s integrated resource planning (IRP) process in spring 2011. By letter dated August 30, 2010 (ADAMS Accession No. ML102440618), TVA informed the NRC that it was E:\FR\FM\07OCN1.SGM 07OCN1 62458 Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Notices funding for initial engineering, design, procurement of long lead components, and regulatory basis development. By providing the funding of this work, TVA would maintain the option for future power generation at BLN Unit 1. In the letter dated April 25, 2011, TVA informed the NRC of the TVA Board of Directors’ decision on April 14, 2011, to accept the results of the TVA IRP. TVA stated that nuclear expansion was present in the majority of the electrical generation portfolios considered in the IRP and that the majority of portfolios identified BLN Unit 1 as the potential generation resource. Thus, the completion and commercial operation of BLN Unit 1 is consistent with and supports the TVA IRP’s planning direction to, among other actions, add nuclear generation capacity in the 2018–2020 timeframe. In the letter dated September 1, 2011, TVA informed the NRC of its decision to complete construction and of the eventual commercial operation of BLN Unit 1. TVA stated that the details and basis for its decision appear in the record of decision on the ‘‘Final Supplemental Environmental Impact Statement, Single Nuclear Unit at the Bellefonte Plant Site, Jackson County, Alabama,’’ as published in the Federal Register on August 30, 2011 (76 FR 53994). TVA said that the final supplemental environmental impact statement identifies its preferred alternative as the completion and operation of BLN Unit 1. TVA informed the NRC that it would resume construction activities associated with BLN Unit 1, only after the initial loading of fuel at Watts Bar Nuclear Plant, Unit 2. jlentini on DSK4TPTVN1PROD with NOTICES II. The NRC reviewed the request dated October 8, 2010, and supplemental information provided, and finds that there is reasonable assurance that the health and safety of the public will not be endangered by extension of the construction completion date, and that the requested period of time is reasonable. In addition, good cause exists for extending the completion date to October 1, 2020. The NRC staff prepared an environmental assessment and finding of no significant impact and published it in the Federal Register on September 19, 2011 (76 FR 58050). Under 10 CFR 51.32, ‘‘Finding of No Significant Impact,’’ the Commission has determined that extending the construction completion date will have no significant impact on the environment. VerDate Mar<15>2010 16:33 Oct 06, 2011 Jkt 226001 For further details on the proposed action, see the applicant’s letters dated October 8, 2010, April 25, 2011, and September 1, 2011, and the NRC staff’s letter and safety evaluation of the requested extension dated September 30, 2011. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Room O1– F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. Publicly available records will be accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/ reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR reference staff by telephone at 1–800–397–4209 or 301– 415–4737, or by e-mail to PDR.resource@nrc.gov. Within 60 days after the date of issuance of this Order, any person whose interest may be affected may request a hearing in accordance with 10 CFR 2.309. The scope of this Order extending the construction completion date and any proceeding hereunder is limited to direct challenges to the CP holder’s asserted reasons that show good cause justification for the extension. Requests for a hearing 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 NRC’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 online in the NRC library at http://www.nrc.gov/reading-rm/ adams.html. Persons who do not have access to the Internet or who encounter problems in accessing the documents located in ADAMS should contact the NRC’s PDR reference staff by telephone at 1–800–397–4209, or 301–415–4737, or by e-mail at PDR.Resource@nrc.gov. If a request for a hearing 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 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. As required by 10 CFR 2.309, a request for hearing shall set forth with PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 particularity the interest of the requestor 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. The request must specifically explain: (1) The nature of the requestor’s right under the Act to be made a party to the proceeding; (2) the nature and extent of the requestor’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 interest. The petition must also set forth the specific contentions which the 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 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 intends to rely in proving the contention at the hearing. The requestor must also provide references to those specific sources and documents of which the requestor is aware and on which the requestor intends to rely to establish those facts or expert opinion. The requestor must provide sufficient information to show that a genuine dispute exists with the CP holder on a material issue of law or fact. Contentions shall be limited to matters within the scope of the action under consideration. The contention must be one that, if proven, would entitle the requestor to relief. A requestor 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 seek to co-sponsor a contention or propose substantially the same contention, the requestors will be required to jointly designate a representative who shall have the authority to act for the requestors with respect to that contention. All documents filed in NRC adjudicatory proceedings, including a request for hearing, any motion or other document filed in the proceeding prior to the submission of a request for hearing, and documents filed by interested Governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the E:\FR\FM\07OCN1.SGM 07OCN1 jlentini on DSK4TPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Notices NRC E-Filing rule (72 FR 49139, August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the Internet, or in some cases, to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, the requestor should contact, at least 10 days prior to the filing deadline, the Office of the Secretary by e-mail at Hearing.Docket@nrc.gov, or by telephone at 301–415–1677, to request (1) A digital identification certificate that allows the participant (or its counsel or representative) to digitally sign documents and access the ESubmittal server for any NRC proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital identification certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital identification certificate is available on NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http://www.nrc.gov/ site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through the Electronic Information Exchange (EIE), users will be required to install a Web browser plug-in from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. VerDate Mar<15>2010 16:33 Oct 06, 2011 Jkt 226001 Once a participant has obtained a digital identification certificate and a docket has been created, the participant can then submit a request for hearing. Submissions should be in portable document format (pdf) in accordance with NRC guidance available on the NRC public Web site at http:// www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. eastern time on the due date. Upon receipt of a transmission, the E-Filing system timestamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, the CP holder and other participants (or their counsel or representative) must apply for and receive a digital identification certificate before a hearing request is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk by clicking on the ‘‘Contact Us’’ link located on the NRC Web site at http://www.nrc.gov/site-help/esubmittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Meta System Help Desk is available Monday through Friday between 8 a.m. and 8 p.m. eastern time, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 62459 filing a document in this manner are responsible for serving the document on all other participants. The NRC considers a filing complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon the deposit of the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at http:// ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the Commission, or the presiding officer. The NRC asks participants not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. The NRC asks participants not to include copyrighted materials in their submission, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application. Copies of the application to extend the completion date in the CP for BLN Unit 1 are available for public inspection at the NRC’s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Room O1–F21, Rockville, Maryland 20852–2738. The application may be accessed in ADAMS through the NRC’s Public Electronic Reading Room on the Internet at http://www.nrc.gov/readingrm/ adams.html under ADAMS Accession Number ML102870233. 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’s 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. Attorney for the permit holder: Maureen H. Dunn, Executive Vice President and General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, TN 37902. III. It is hereby ordered that the latest construction completion date for CP No. CPPR–122 is extended to October 1, 2020. E:\FR\FM\07OCN1.SGM 07OCN1 62460 Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Notices Dated at Rockville, Maryland, this 30th day of September 2011. For the Nuclear Regulatory Commission. Eric J. Leeds, Director, Office of Nuclear Reactor Regulation. [FR Doc. 2011–26059 Filed 10–6–11; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. A2011–98; Order No. 891] Post Office Closing Postal Regulatory Commission. Notice. AGENCY: ACTION: This document informs the public that an appeal of the closing of the La Grande, Washington post office has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioners, and others to take appropriate action. DATES: Administrative record due (from Postal Service): October 13, 2011; deadline for notices to intervene: October 25, 2011. See the Procedural Schedule in the SUPPLEMENTARY INFORMATION section for other dates of interest. SUMMARY: Submit comments electronically by accessing the ‘‘Filing Online’’ link in the banner at the top of the Commission’s Web site (http:// www.prc.gov) or by directly accessing the Commission’s Filing Online system at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who cannot submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section as the source for case-related information for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance). SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 U.S.C. 404(d), on September 28, 2011, the Commission received a petition for review of the Postal Service’s determination to close the La Grande post office in La Grande, Washington. The petition for review was filed by David and Judi Smith (Petitioners) and is postmarked September 19, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2011–98 to consider Petitioners’ appeal. If jlentini on DSK4TPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 16:33 Oct 06, 2011 Jkt 226001 Petitioners would like to further explain their position with supplemental information or facts, Petitioners may either file a Participant Statement on PRC Form 61 or file a brief with the Commission no later than November 2, 2011. Issues apparently raised. Petitioners contend that: (1) The Postal Service failed to consider the effect of the closing on the community (see 39 U.S.C. 404(d)(2)(A)(i)); (2) the Postal Service failed to consider whether or not it will continue to provide a maximum degree of effective and regular postal services to the community (see 39 U.S.C. 404(d)(2)(A)(iii)); and (3) the Postal Service failed to adequately consider the economic savings resulting from the closure (see 39 U.S.C. 404(d)(2)(A)(iv)). After the Postal Service files the administrative record and the Commission reviews it, the Commission may find that there are more legal issues than those set forth above, or that the Postal Service’s determination disposes of one or more of those issues. The deadline for the Postal Service to file the applicable administrative record with the Commission is October 13, 2011. See 39 CFR 3001.113. In addition, the due date for any responsive pleading by the Postal Service to this notice is October 13, 2011. Availability; Web site posting. The Commission has posted the appeal and supporting material on its Web site at http://www.prc.gov. Additional filings in this case and participants’ submissions also will be posted on the Commission’s Web site, if provided in electronic format or amenable to conversion, and not subject to a valid protective order. Information on how to use the Commission’s Web site is available online or by contacting the Commission’s webmaster via telephone at 202–789–6873 or via electronic mail at prc-webmaster@prc.gov. The appeal and all related documents are also available for public inspection in the Commission’s docket section. Docket section hours are 8 a.m. to 4:30 p.m., eastern time, Monday through Friday, except on Federal government holidays. Docket section personnel may be contacted via electronic mail at prcdockets@prc.gov or via telephone at 202–789–6846. Filing of documents. All filings of documents in this case shall be made using the Internet (Filing Online) pursuant to Commission rules 9(a) and 10(a) at the Commission’s Web site, http://www.prc.gov, unless a waiver is obtained. See 39 CFR 3001.9(a) and 3001.10(a). Instructions for obtaining an account to file documents online may be found on the Commission’s Web site or PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 by contacting the Commission’s docket section at prc-dockets@prc.gov or via telephone at 202–789–6846. The Commission reserves the right to redact personal information which may infringe on an individual’s privacy rights from documents filed in this proceeding. Intervention. Persons, other than Petitioners and respondent, wishing to be heard in this matter are directed to file a notice of intervention. See 39 CFR 3001.111(b). Notices of intervention in this case are to be filed on or before October 25, 2011. A notice of intervention shall be filed using the Internet (Filing Online) at the Commission’s Web site unless a waiver is obtained for hardcopy filing. See 39 CFR 3001.9(a) and 3001.10(a). Further procedures. By statute, the Commission is required to issue its decision within 120 days from the date it receives the appeal. See 39 U.S.C. 404(d)(5). A procedural schedule has been developed to accommodate this statutory deadline. In the interest of expedition, in light of the 120-day decision schedule, the Commission may request the Postal Service or other participants to submit information or memoranda of law on any appropriate issue. As required by the Commission rules, if any motions are filed, responses are due 7 days after any such motion is filed. See 39 CFR 3001.21. It is ordered: 1. The Postal Service shall file the applicable administrative record regarding this appeal no later than October 13, 2011. 2. Any responsive pleading by the Postal Service to this notice is due no later than October 13, 2011. 3. The procedural schedule listed below is hereby adopted. 4. Pursuant to 39 U.S.C. 505, Derrick D. Dennis is designated officer of the Commission (Public Representative) to represent the interests of the general public. 5. The Secretary shall arrange for publication of this notice and order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. PROCEDURAL SCHEDULE September 28, 2011 October 13, 2011 ...... E:\FR\FM\07OCN1.SGM 07OCN1 Filing of Appeal. Deadline for the Postal Service to file the applicable administrative record in this appeal.

Agencies

[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62457-62460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26059]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0093; Docket No. 50-438]


Tennessee Valley Authority (Bellefonte Nuclear Plant, Unit 1)

Order

I.

    The Tennessee Valley Authority (TVA, or the applicant) is the 
current holder of Construction Permit (CP) Nos. CPPR-122 and CPPR-123, 
which were issued by the Atomic Energy Commission (now the U.S. Nuclear 
Regulatory Commission (NRC)) on December 24, 1974 (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML090680334) for 
construction of the Bellefonte Nuclear Plant (BLN), Units 1 and 2, 
respectively. The CPs for CPPR-122 and CPPR-123 expire on October 1, 
2011, and October 1, 2014, respectively.
    These facilities, currently in deferred plant status as described 
in the Commission Policy Statement on Deferred Plants, published in the 
Federal Register on October 14, 1987 (52 FR 38077), are at the 
applicant's site in Jackson County, AL, located on a peninsula at 
Tennessee River Mile 392 on the west shore of Guntersville Reservoir, 
about 6 miles east-northeast of Scottsboro, AL.
    TVA filed a request on October 8, 2010 (ADAMS Accession No. 
ML102870233), as supplemented April 25 and September 1, 2011 (ADAMS 
Accession Nos. ML11124A170 and ML11249A162, respectively), under Title 
10 of the Code of Federal Regulations (10 CFR) 50.55(b) for the 
extension of the latest date for completion of construction as stated 
in CPPR-122 for BLN, Unit 1, to October 1, 2020.
    In its letter dated October 8, 2010, TVA stated that extending the 
BLN Unit 1 CP would allow it to either complete construction or 
continue to preserve and maintain BLN Unit 1 in a deferred status as a 
valuable asset pending a longer term determination of generation needs 
to meet future electrical demand. TVA stated that the requested 
extension includes a reasonable amount of time to allow for adjustments 
to the schedule as may become necessary. TVA also informed the NRC that 
its decision on the eventual construction and completion of BLN Unit 1 
would be pending completion of TVA's integrated resource planning (IRP) 
process in spring 2011.
    By letter dated August 30, 2010 (ADAMS Accession No. ML102440618), 
TVA informed the NRC that it was

[[Page 62458]]

funding for initial engineering, design, procurement of long lead 
components, and regulatory basis development. By providing the funding 
of this work, TVA would maintain the option for future power generation 
at BLN Unit 1.
    In the letter dated April 25, 2011, TVA informed the NRC of the TVA 
Board of Directors' decision on April 14, 2011, to accept the results 
of the TVA IRP. TVA stated that nuclear expansion was present in the 
majority of the electrical generation portfolios considered in the IRP 
and that the majority of portfolios identified BLN Unit 1 as the 
potential generation resource. Thus, the completion and commercial 
operation of BLN Unit 1 is consistent with and supports the TVA IRP's 
planning direction to, among other actions, add nuclear generation 
capacity in the 2018-2020 timeframe.
    In the letter dated September 1, 2011, TVA informed the NRC of its 
decision to complete construction and of the eventual commercial 
operation of BLN Unit 1. TVA stated that the details and basis for its 
decision appear in the record of decision on the ``Final Supplemental 
Environmental Impact Statement, Single Nuclear Unit at the Bellefonte 
Plant Site, Jackson County, Alabama,'' as published in the Federal 
Register on August 30, 2011 (76 FR 53994). TVA said that the final 
supplemental environmental impact statement identifies its preferred 
alternative as the completion and operation of BLN Unit 1. TVA informed 
the NRC that it would resume construction activities associated with 
BLN Unit 1, only after the initial loading of fuel at Watts Bar Nuclear 
Plant, Unit 2.

II.

    The NRC reviewed the request dated October 8, 2010, and 
supplemental information provided, and finds that there is reasonable 
assurance that the health and safety of the public will not be 
endangered by extension of the construction completion date, and that 
the requested period of time is reasonable. In addition, good cause 
exists for extending the completion date to October 1, 2020.
    The NRC staff prepared an environmental assessment and finding of 
no significant impact and published it in the Federal Register on 
September 19, 2011 (76 FR 58050). Under 10 CFR 51.32, ``Finding of No 
Significant Impact,'' the Commission has determined that extending the 
construction completion date will have no significant impact on the 
environment.
    For further details on the proposed action, see the applicant's 
letters dated October 8, 2010, April 25, 2011, and September 1, 2011, 
and the NRC staff's letter and safety evaluation of the requested 
extension dated September 30, 2011. Documents may be examined, and/or 
copied for a fee, at the NRC's Public Document Room (PDR), located at 
One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland 20852. Publicly available records will be 
accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS, should contact the NRC PDR reference staff by telephone at 1-
800-397-4209 or 301-415-4737, or by e-mail to PDR.resource@nrc.gov.
    Within 60 days after the date of issuance of this Order, any person 
whose interest may be affected may request a hearing in accordance with 
10 CFR 2.309. The scope of this Order extending the construction 
completion date and any proceeding hereunder is limited to direct 
challenges to the CP holder's asserted reasons that show good cause 
justification for the extension. Requests for a hearing 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 NRC'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 
online in the NRC library at http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to the Internet or who encounter 
problems in accessing the documents located in ADAMS should contact the 
NRC's PDR reference staff by telephone at 1-800-397-4209, or 301-415-
4737, or by e-mail at PDR.Resource@nrc.gov. If a request for a hearing 
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 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.
    As required by 10 CFR 2.309, a request for hearing shall set forth 
with particularity the interest of the requestor 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. The request must specifically explain: (1) The nature of 
the requestor's right under the Act to be made a party to the 
proceeding; (2) the nature and extent of the requestor'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 interest. The petition must also set forth the 
specific contentions which the 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 
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 intends to rely in 
proving the contention at the hearing. The requestor must also provide 
references to those specific sources and documents of which the 
requestor is aware and on which the requestor intends to rely to 
establish those facts or expert opinion. The requestor must provide 
sufficient information to show that a genuine dispute exists with the 
CP holder on a material issue of law or fact. Contentions shall be 
limited to matters within the scope of the action under consideration. 
The contention must be one that, if proven, would entitle the requestor 
to relief. A requestor 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 seek to co-
sponsor a contention or propose substantially the same contention, the 
requestors will be required to jointly designate a representative who 
shall have the authority to act for the requestors with respect to that 
contention.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, any motion or other document filed in the 
proceeding prior to the submission of a request for hearing, and 
documents filed by interested Governmental entities participating under 
10 CFR 2.315(c), must be filed in accordance with the

[[Page 62459]]

NRC E-Filing rule (72 FR 49139, August 28, 2007). The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the Internet, or in some cases, to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements associated with E-
Filing, the requestor should contact, at least 10 days prior to the 
filing deadline, the Office of the Secretary by e-mail at 
Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to request (1) 
A digital identification certificate that allows the participant (or 
its counsel or representative) to digitally sign documents and access 
the E-Submittal server for any NRC proceeding in which it is 
participating; and (2) advise the Secretary that the participant will 
be submitting a request for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital identification certificate). Based upon this 
information, the Secretary will establish an electronic docket for the 
hearing in this proceeding if the Secretary has not already established 
an electronic docket. Information about applying for a digital 
identification certificate is available on NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. 
System requirements for accessing the E-Submittal server are detailed 
in NRC's ``Guidance for Electronic Submission,'' which is available on 
the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not 
listed on the Web site, but should note that the NRC's E-Filing system 
does not support unlisted software, and the NRC Meta System Help Desk 
will not be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange (EIE), 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital identification 
certificate and a docket has been created, the participant can then 
submit a request for hearing. Submissions should be in portable 
document format (pdf) in accordance with NRC guidance available on the 
NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the documents are submitted 
through the NRC's E-Filing system. To be timely, an electronic filing 
must be submitted to the E-Filing system no later than 11:59 p.m. 
eastern time on the due date. Upon receipt of a transmission, the E-
Filing system time-stamps the document and sends the submitter an e-
mail notice confirming receipt of the document. The E-Filing system 
also distributes an e-mail notice that provides access to the document 
to the NRC Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the documents on those 
participants separately. Therefore, the CP holder and other 
participants (or their counsel or representative) must apply for and 
receive a digital identification certificate before a hearing request 
is filed so that they can obtain access to the document via the E-
Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk by clicking on the ``Contact Us'' link located on the NRC Web 
site at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available Monday through Friday between 8 
a.m. and 8 p.m. eastern time, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. The NRC considers a filing complete 
by first-class mail as of the time of deposit in the mail, or by 
courier, express mail, or expedited delivery service upon the deposit 
of the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. The NRC asks participants not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. The 
NRC asks participants not to include copyrighted materials in their 
submission, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application.
    Copies of the application to extend the completion date in the CP 
for BLN Unit 1 are available for public inspection at the NRC's PDR, 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Room O1-F21, Rockville, Maryland 20852-2738. The application may be 
accessed in ADAMS through the NRC's Public Electronic Reading Room on 
the Internet at http://www.nrc.gov/readingrm/adams.html under ADAMS 
Accession Number ML102870233.
    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's 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.
    Attorney for the permit holder: Maureen H. Dunn, Executive Vice 
President and General Counsel, Tennessee Valley Authority, 400 West 
Summit Hill Drive, Knoxville, TN 37902.

III.

    It is hereby ordered that the latest construction completion date 
for CP No. CPPR-122 is extended to October 1, 2020.


[[Page 62460]]


    Dated at Rockville, Maryland, this 30th day of September 2011.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-26059 Filed 10-6-11; 8:45 am]
BILLING CODE 7590-01-P