Atomic Safety and Licensing Board; In the Matter of Progress Energy Florida, Inc. (Levy County Nuclear Power Plant, Units 1 and 2), 51832-51833 [2012-21005]

Download as PDF 51832 Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Notices Institute of Mining and Technology, Socorro, NM 87801. Permit Application: 2013–018. Activity for Which Permit Is Requested Enter Antarctic Specially Protected Areas. The applicant plans to enter ASPA 130-Tramway Ridge, Mt. Erebus to measure soil temperatures and sample gases emitted in weak gas vents for comparison with gases emitted elsewhere on Erebus. The composition of the gas emissions is important as it is likely the source of nutrients/energy that supports extremophiles in the soil. Location ASPA 130-Tramway Ridge, Mt. Erebus, Ross Island. Dates December 1, 2012 to January 31, 2014. Nadene G. Kennedy, Permit Officer, Office of Polar Programs. [FR Doc. 2012–20990 Filed 8–24–12; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–029–COL, 52–030–COL; ASLBP No. 09–879–04–COL–BD01] Atomic Safety and Licensing Board; In the Matter of Progress Energy Florida, Inc. (Levy County Nuclear Power Plant, Units 1 and 2) August 21, 2012. Before Administrative Judges: Alex S. Karlin, Chairman, Dr. Anthony J. Baratta and Dr. Randall J. Charbeneau Notice of Hearing pmangrum on DSK3VPTVN1PROD with NOTICES This Atomic Safety and Licensing Board gives notice that it will convene an evidentiary hearing with regard to a challenge by the Nuclear Information and Resource Service and the Ecology Party of Florida (Intervenors) 1 to an application by Progress Energy Florida, Inc. (PEF) to construct and operate two new nuclear power reactors in Levy County, Florida.2 The evidentiary hearing will be held in Bronson, Florida and will commence on October 31, 2012. The hearing will concern the one admitted contention in this proceeding, 1 The Green Party of Florida was one of the original intervenors herein, but it subsequently withdrew. See Notice of Withdrawal (May 17, 2012). 2 See Progress Energy Florida, Inc.; Application for the Levy County Nuclear Power Plant Units 1 and 2; Notice of Order, Hearing, and Opportunity To Petition for Leave To Intervene, 73 FR 74,532, 74,532 (Dec. 8, 2008). VerDate Mar<15>2010 15:04 Aug 24, 2012 Jkt 226001 Contention 4A, which is described more fully below.3 The evidentiary hearing will be held under the authority of the Atomic Energy Act, 42 U.S.C. 2231, 2239, and 2241. It will be conducted pursuant to the NRC hearing procedures set forth in 10 CFR Part 2, Subpart L, 10 CFR 2.1200–2.1213. During the course of this adjudicatory proceeding the Board may also hear oral arguments as provided in 10 CFR 2.331 and may hold various prehearing conferences pursuant to 10 CFR 2.329. These may be held via teleconference, video-conference, and/ or in person. Except where certain legally privileged documents or testimony are being heard, all of the proceedings will be open to the public. See 10 CFR 2.328. A. Matters To Be Considered Contention 4A, as it will be litigated during the October 31, 2012 evidentiary hearing,4 reads as follows: The Final Environmental Impact Statement (FEIS) fails to comply with 10 CFR Part 51 and the National Environmental Policy Act because it fails to specifically and adequately address, and inappropriately characterizes as SMALL, certain direct, indirect, and cumulative impacts, onsite and offsite, of constructing and operating the proposed LNP facility: A. Impacts to wetlands, floodplains, special aquatic sites, and other waters, associated with dewatering, specifically: 1. Impacts resulting from active and passive dewatering; 2. Impacts resulting from the connection of the site to the underlying Floridan aquifer system; 3. Impacts on Outstanding Florida Waters such as the Withlacoochee and Waccasassa Rivers; 4. Impacts on water quality and the aquatic environment due to alterations and increases in nutrient concentrations caused by the removal of water; and 3 A motion to admit another contention was filed on July 9, 2012 and is currently pending. Pursuant to an order of the Commission, CLI–12–16, the Board has placed this proposed new contention in abeyance. Order (Holding Proposed New Contention in Abeyance) (Aug. 16, 2012) (unpublished). 4 This contention has evolved during the course of this proceeding. First, the contention challenged the adequacy of the Environmental Report, a document submitted by PEF. See LBP–09–10, 70 NRC 51, 106 (2009). Next, the Intervenors interposed substantially the same contention challenging the adequacy of the Draft Environmental Impact Statement issued by the NRC Staff. See Memorandum and Order (Admitting Contention 4A) (Feb. 2, 2011) (unpublished). Finally, when the NRC Staff issued the Final Environmental Impact Statement, this same contention migrated and continued to be admitted as a challenge to the FEIS. Tr. at 856. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 5. Impacts on water quality and the aquatic environment due to increased nutrients resulting from destructive wildfires resulting from dewatering. B. Impacts to wetlands, floodplains, special aquatic sites, and other waters, associated with salt drift and salt deposition resulting from cooling towers (that use salt water) being situated in an inland, freshwater wetland area of the LNP site. C. As a result of the omissions and inadequacies described above, the Draft Environmental Impact Statement also failed to adequately identify, and inappropriately characterizes as SMALL, the proposed project’s zone of: 1. Environmental impacts; 2. Impact on Federally listed species; 3. Irreversible and irretrievable environmental impacts; and 4. Appropriate mitigation measures. B. Date, Time, and Location of Evidentiary Hearing The Board will convene the evidentiary hearing on Wednesday, October 31, 2012, at 9:00 a.m. e.d.t., in the Levy County Courthouse. The courthouse is located at 355 South Court Street, Bronson, Florida. If the evidentiary hearing lasts longer than one day, we will adjourn at approximately 5:00 p.m. on October 31 and will reconvene and continue at 9:00 a.m. e.d.t. on Thursday, November 1, 2012. We anticipate that the evidentiary hearing will not take more than two days. Members of the public and media are welcome to attend and observe the evidentiary hearing. Actual participation in the hearing will be limited to the parties and their lawyers and witnesses.5 Please be aware that security measures may be employed at the entrance to the facility, including searches of hand-carried items such as briefcases or backpacks. No signs will be permitted in the courtroom. C. Limited Appearance Statements The purpose of limited appearance statements is to allow members of the public who are not parties to the adjudication to provide the Board with statements setting forth their positions or concerns on matters relating to the admitted contentions. This Board already conducted two oral limited appearance statement sessions regarding Contention 4A in Crystal River, Florida, on Thursday, January 12, 2012. See Tr. at 698–827, 876–927. Thus, we will not hear further oral limited appearance 5 The parties consist of the Nuclear Information and Resource Service, the Ecology Party of Florida, Progress Energy Florida, Inc., and the Staff of the Nuclear Regulatory Commission. E:\FR\FM\27AUN1.SGM 27AUN1 Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES statements. However, the Board will continue to accept written limited appearance statements until October 24, 2012. Such written statements should be submitted in one of the following methods: Mail: Office of the Secretary, Rulemakings and Adjudications Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Fax: (301) 415–1101 (verification (301) 415–1966). Email: hearingdocket@nrc.gov, In addition, using the same method of service, a copy of the written limited appearance statement should be sent to the Chairman of this Licensing Board as follows: Mail: Alex S. Karlin, Chairman, c/o: Matthew E. Flyntz, Law Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T–3 E2C, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. Fax: (301) 415–5599 (verification (301) 415–7405). Email: Matthew.Flyntz@nrc.gov. D. Availability of Documentary Information Regarding the Proceeding Documents relating to this Atomic Safety and Licensing Board adjudicatory proceeding such as the parties’ statements of position, pre-filed testimony, pre-filed evidentiary exhibits, transcripts of prior conferences and oral arguments, and copies or prior orders and rulings issued by this Board in this case, are available for public inspection at the Nuclear Regulatory Commission’s ‘‘Electronic Hearing Docket’’ (EHD). The EHD is located at https://adams.nrc.gov/ehd/. Interested persons should access that Web page and click on the tab identified as ‘‘Levy_County_52–029 & 52–030–COL.’’ The documents in that portion of the EHD will be the primary focus of the evidentiary hearing. The public should be aware that new documents are regularly added to the EHD as the parties file pleadings and the Board issues orders or notices. Therefore this Web site should be monitored regularly by interested members of the public. In addition, the broader category of all of NRC’s public documents related to PEF’s application and the responses, questions, and other documents generated by the NRC Staff (such as PEF’s Combined License Application and the NRC’s Environmental Impact Statements) may be accessed via the publicly available records component of NRC’s document system (ADAMS). ADAMS can be accessed via the NRC Web site at https://www.nrc.gov/ and then clicking on the link specified as: ‘‘ADAMS Public Documents.’’ Once on VerDate Mar<15>2010 15:04 Aug 24, 2012 Jkt 226001 that page, click on the link identified as ‘‘Begin Web-Based ADAMS Search.’’ Persons who have difficulty in conducting useful searches in ADAMS or who otherwise encounter problems in accessing the documents located in ADAMS may contact the NRC Public Document Room (PDR) reference staff by telephone at (800) 397–4209 or (301) 415–4737, or by e-mail at pdr@nrc.gov. In addition, hard copies of Board orders, notices and/or memoranda are also available at the NRC PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Finally, the public is advised that the Secretary of the Commission will give notice of filings and other events in this proceeding to any member of the public who requests it.6 See 10 CFR 2.315(b). Dated: Rockville, Maryland, August 21, 2012. For the Atomic Safety and Licensing Board. Alex S. Karlin, Chairman, Administrative Judge. [FR Doc. 2012–21005 Filed 8–24–12; 8:45 am] BILLING CODE 7590–01–P RAILROAD RETIREMENT BOARD Proposed Collection; Comment Request Summary: In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB’s estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. 1. Title and purpose of information collection: Employer Reporting; 3220– 0005. Under Section 9 of the Railroad Retirement Act (RRA), and Section 6 of 6 Any such request may be directed to the Secretary of the Commission by electronic mail at hearing.docket@nrc.gov or by telephone at (301) 415–1677. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 51833 the Railroad Unemployment Insurance Act (RUIA), railroad employers are required to submit reports of employee service and compensation to the RRB as needed for administering the RRA and RUIA. To pay benefits due on a deceased employee’s earnings records or determine entitlement to, and amount of annuity applied for, it is necessary at times to obtain from railroad employers current (lag) service and compensation not yet reported to the RRB through the annual reporting process. The reporting requirements are specified in 20 CFR 209.6 and 209.7. The RRB currently utilizes Form G–88A.1, Notice of Retirement and Verification of Date Last Worked, Form G–88A.2, Notice of Retirement and Request for Service Needed for Eligibility, and Form AA–12, Notice of Death and Compensation, to obtain the required lag service and related information from railroad employers. Form G–88A.1 is a computer-generated listing sent by the RRB to railroad employers and used for the specific purpose of verifying information previously provided to the RRB regarding the date last worked by an employee. If the information is correct, the employer need not reply. If the information is incorrect, the employer is asked to provide corrected information. Form G–88A.2 is used by the RRB to secure lag service and compensation information when it is needed to determine benefit eligibility. Form AA–12 obtains a report of lag service and compensation from the last railroad employer of a deceased employee. This report covers the lag period between the date of the latest record of employment processed by the RRB and the date an employee last worked, the date of death or the date the employee may have been entitled to benefits under the Social Security Act. The information is used by the RRB to determine benefits due on the deceased employee’s earnings record. The RRB proposes no changes to Forms AA–12 or G–88A.2; minor editorial changes to the paper version of Form G–88A.1 and the implementation of an Internet equivalent version of Forms G–88A.1 and G–88A.2 that can be submitted through the RRB’s Employer Reporting System (ERS). In addition, 20 CFR 209.12(b) requires all railroad employers to furnish the RRB with the home addresses of all employees hired within the last year (new-hires). Form BA–6a, Form BA–6 Address Report, is used by the RRB to obtain home address information of employees from railroad employers who do not have the home address information computerized and who E:\FR\FM\27AUN1.SGM 27AUN1

Agencies

[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Notices]
[Pages 51832-51833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21005]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-029-COL, 52-030-COL; ASLBP No. 09-879-04-COL-BD01]


Atomic Safety and Licensing Board; In the Matter of Progress 
Energy Florida, Inc. (Levy County Nuclear Power Plant, Units 1 and 2)

August 21, 2012.
Before Administrative Judges: Alex S. Karlin, Chairman, Dr. Anthony 
J. Baratta and Dr. Randall J. Charbeneau

Notice of Hearing

    This Atomic Safety and Licensing Board gives notice that it will 
convene an evidentiary hearing with regard to a challenge by the 
Nuclear Information and Resource Service and the Ecology Party of 
Florida (Intervenors) \1\ to an application by Progress Energy Florida, 
Inc. (PEF) to construct and operate two new nuclear power reactors in 
Levy County, Florida.\2\ The evidentiary hearing will be held in 
Bronson, Florida and will commence on October 31, 2012. The hearing 
will concern the one admitted contention in this proceeding, Contention 
4A, which is described more fully below.\3\
---------------------------------------------------------------------------

    \1\ The Green Party of Florida was one of the original 
intervenors herein, but it subsequently withdrew. See Notice of 
Withdrawal (May 17, 2012).
    \2\ See Progress Energy Florida, Inc.; Application for the Levy 
County Nuclear Power Plant Units 1 and 2; Notice of Order, Hearing, 
and Opportunity To Petition for Leave To Intervene, 73 FR 74,532, 
74,532 (Dec. 8, 2008).
    \3\ A motion to admit another contention was filed on July 9, 
2012 and is currently pending. Pursuant to an order of the 
Commission, CLI-12-16, the Board has placed this proposed new 
contention in abeyance. Order (Holding Proposed New Contention in 
Abeyance) (Aug. 16, 2012) (unpublished).
---------------------------------------------------------------------------

    The evidentiary hearing will be held under the authority of the 
Atomic Energy Act, 42 U.S.C. 2231, 2239, and 2241. It will be conducted 
pursuant to the NRC hearing procedures set forth in 10 CFR Part 2, 
Subpart L, 10 CFR 2.1200-2.1213. During the course of this adjudicatory 
proceeding the Board may also hear oral arguments as provided in 10 CFR 
2.331 and may hold various prehearing conferences pursuant to 10 CFR 
2.329. These may be held via teleconference, video-conference, and/or 
in person. Except where certain legally privileged documents or 
testimony are being heard, all of the proceedings will be open to the 
public. See 10 CFR 2.328.

A. Matters To Be Considered

    Contention 4A, as it will be litigated during the October 31, 2012 
evidentiary hearing,\4\ reads as follows:
---------------------------------------------------------------------------

    \4\ This contention has evolved during the course of this 
proceeding. First, the contention challenged the adequacy of the 
Environmental Report, a document submitted by PEF. See LBP-09-10, 70 
NRC 51, 106 (2009). Next, the Intervenors interposed substantially 
the same contention challenging the adequacy of the Draft 
Environmental Impact Statement issued by the NRC Staff. See 
Memorandum and Order (Admitting Contention 4A) (Feb. 2, 2011) 
(unpublished). Finally, when the NRC Staff issued the Final 
Environmental Impact Statement, this same contention migrated and 
continued to be admitted as a challenge to the FEIS. Tr. at 856.
---------------------------------------------------------------------------

    The Final Environmental Impact Statement (FEIS) fails to comply 
with 10 CFR Part 51 and the National Environmental Policy Act because 
it fails to specifically and adequately address, and inappropriately 
characterizes as SMALL, certain direct, indirect, and cumulative 
impacts, onsite and offsite, of constructing and operating the proposed 
LNP facility:
    A. Impacts to wetlands, floodplains, special aquatic sites, and 
other waters, associated with dewatering, specifically:
    1. Impacts resulting from active and passive dewatering;
    2. Impacts resulting from the connection of the site to the 
underlying Floridan aquifer system;
    3. Impacts on Outstanding Florida Waters such as the Withlacoochee 
and Waccasassa Rivers;
    4. Impacts on water quality and the aquatic environment due to 
alterations and increases in nutrient concentrations caused by the 
removal of water; and
    5. Impacts on water quality and the aquatic environment due to 
increased nutrients resulting from destructive wildfires resulting from 
dewatering.
    B. Impacts to wetlands, floodplains, special aquatic sites, and 
other waters, associated with salt drift and salt deposition resulting 
from cooling towers (that use salt water) being situated in an inland, 
freshwater wetland area of the LNP site.
    C. As a result of the omissions and inadequacies described above, 
the Draft Environmental Impact Statement also failed to adequately 
identify, and inappropriately characterizes as SMALL, the proposed 
project's zone of:
    1. Environmental impacts;
    2. Impact on Federally listed species;
    3. Irreversible and irretrievable environmental impacts; and
    4. Appropriate mitigation measures.

B. Date, Time, and Location of Evidentiary Hearing

    The Board will convene the evidentiary hearing on Wednesday, 
October 31, 2012, at 9:00 a.m. e.d.t., in the Levy County Courthouse. 
The courthouse is located at 355 South Court Street, Bronson, Florida. 
If the evidentiary hearing lasts longer than one day, we will adjourn 
at approximately 5:00 p.m. on October 31 and will reconvene and 
continue at 9:00 a.m. e.d.t. on Thursday, November 1, 2012. We 
anticipate that the evidentiary hearing will not take more than two 
days.
    Members of the public and media are welcome to attend and observe 
the evidentiary hearing. Actual participation in the hearing will be 
limited to the parties and their lawyers and witnesses.\5\ Please be 
aware that security measures may be employed at the entrance to the 
facility, including searches of hand-carried items such as briefcases 
or backpacks. No signs will be permitted in the courtroom.
---------------------------------------------------------------------------

    \5\ The parties consist of the Nuclear Information and Resource 
Service, the Ecology Party of Florida, Progress Energy Florida, 
Inc., and the Staff of the Nuclear Regulatory Commission.
---------------------------------------------------------------------------

C. Limited Appearance Statements

    The purpose of limited appearance statements is to allow members of 
the public who are not parties to the adjudication to provide the Board 
with statements setting forth their positions or concerns on matters 
relating to the admitted contentions. This Board already conducted two 
oral limited appearance statement sessions regarding Contention 4A in 
Crystal River, Florida, on Thursday, January 12, 2012. See Tr. at 698-
827, 876-927. Thus, we will not hear further oral limited appearance

[[Page 51833]]

statements. However, the Board will continue to accept written limited 
appearance statements until October 24, 2012. Such written statements 
should be submitted in one of the following methods:
    Mail: Office of the Secretary, Rulemakings and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-1101 (verification (301) 415-1966).
    Email: hearingdocket@nrc.gov,
    In addition, using the same method of service, a copy of the 
written limited appearance statement should be sent to the Chairman of 
this Licensing Board as follows:
    Mail: Alex S. Karlin, Chairman, c/o: Matthew E. Flyntz, Law Clerk, 
Atomic Safety and Licensing Board Panel, Mail Stop T-3 E2C, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-5599 (verification (301) 415-7405).
    Email: Matthew.Flyntz@nrc.gov.

D. Availability of Documentary Information Regarding the Proceeding

    Documents relating to this Atomic Safety and Licensing Board 
adjudicatory proceeding such as the parties' statements of position, 
pre-filed testimony, pre-filed evidentiary exhibits, transcripts of 
prior conferences and oral arguments, and copies or prior orders and 
rulings issued by this Board in this case, are available for public 
inspection at the Nuclear Regulatory Commission's ``Electronic Hearing 
Docket'' (EHD). The EHD is located at https://adams.nrc.gov/ehd/. 
Interested persons should access that Web page and click on the tab 
identified as ``Levy--County--52-029 & 52-030-COL.'' The documents in 
that portion of the EHD will be the primary focus of the evidentiary 
hearing. The public should be aware that new documents are regularly 
added to the EHD as the parties file pleadings and the Board issues 
orders or notices. Therefore this Web site should be monitored 
regularly by interested members of the public.
    In addition, the broader category of all of NRC's public documents 
related to PEF's application and the responses, questions, and other 
documents generated by the NRC Staff (such as PEF's Combined License 
Application and the NRC's Environmental Impact Statements) may be 
accessed via the publicly available records component of NRC's document 
system (ADAMS). ADAMS can be accessed via the NRC Web site at https://www.nrc.gov/ and then clicking on the link specified as: ``ADAMS Public 
Documents.'' Once on that page, click on the link identified as ``Begin 
Web-Based ADAMS Search.''
    Persons who have difficulty in conducting useful searches in ADAMS 
or who otherwise encounter problems in accessing the documents located 
in ADAMS may contact the NRC Public Document Room (PDR) reference staff 
by telephone at (800) 397-4209 or (301) 415-4737, or by e-mail at 
pdr@nrc.gov.
    In addition, hard copies of Board orders, notices and/or memoranda 
are also available at the NRC PDR, located at One White Flint North, 
11555 Rockville Pike (first floor), Rockville, Maryland.
    Finally, the public is advised that the Secretary of the Commission 
will give notice of filings and other events in this proceeding to any 
member of the public who requests it.\6\ See 10 CFR 2.315(b).
---------------------------------------------------------------------------

    \6\ Any such request may be directed to the Secretary of the 
Commission by electronic mail at hearing.docket@nrc.gov or by 
telephone at (301) 415-1677.

---------------------------------------------------------------------------
    Dated: Rockville, Maryland, August 21, 2012.

    For the Atomic Safety and Licensing Board.
Alex S. Karlin,
Chairman, Administrative Judge.
[FR Doc. 2012-21005 Filed 8-24-12; 8:45 am]
BILLING CODE 7590-01-P
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