Before Administrative Judges: Ronald M. Spritzer, Chairman, Dr. Anthony J. Baratta, Dr. Randall J. Charbeneau; In the Matter of Detroit Edison Company (Fermi Nuclear Power Plant, Unit 3); Notice of Hearing (Notice of Evidentiary Hearing and Opportunity To Provide Oral and Written Limited Appearance Statements), 29781-29783 [2013-12073]
Download as PDF
Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Notices
Contact Person: Dr. Gail Dodge, Program
Director for Nuclear Physics; National
Science Foundation, 4201 Wilson Blvd.,
Arlington, VA 22230. Telephone: (703) 292–
8958.
Purpose of Meeting: Annual Site Visit as
per the terms of the Laboratory’s Five-year
Cooperative Agreement.
Agenda
June 18, 2013
8:00 a.m.–10:15 a.m. Closed—Executive
Session, Laboratory, Operations,
Upgrades and Commissioning Overview
10:15 a.m.–11:15 a.m. Open—Accelerator
Physics Research, and Research,
Education and Mentoring Overview
11:15 a.m.–11:45 a.m. Closed—Executive
Session
12:00 p.m.–12:45 p.m. Open—Meet with
President and Provost
12:45 p.m.–1:00 p.m. Closed—Executive
Session
1:00 p.m.–3:00 p.m. Open—ReA3,
Astrophysics, GRETINA, MoNA Decay
Studies, BECOLA, and LEBIT
3:00 p.m.–3:40 p.m. Open—Meet with
Students and Postdocs
3:40 p.m.–5:00 p.m. Open—Tour
5:00 p.m.–6:00 p.m. Closed—Executive
Session
June 19, 2013
8:30 a.m.–1:00 p.m. Closed—Executive
Session and Report Writing
Reason for Closing: The work being
reviewed includes information of a
proprietary or confidential nature, including
technical information; financial data, such as
salaries; and personal information
concerning individuals associated with the
proposals. These matters are exempt under
(4) and (6) of 5 U.S.C. 552b(c), the
Government in the Sunshine Act.
Dated: May 15, 2013.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2013–11996 Filed 5–20–13; 8:45 am]
BILLING CODE 7555–01–P
Sunshine Act Meeting
TKELLEY on DSK3SPTVN1PROD with NOTICES
9:30 a.m., Tuesday, June
4, 2013
PLACE: NTSB Conference Center, 429
L’Enfant Plaza SW., Washington, DC
20594.
STATUS: The one item is open to the
public.
MATTERS TO BE CONSIDERED:
8492 Safety Study—Characteristics of
Single-Unit Truck Accidents
Resulting in Injuries and Deaths
News Media Contact: Telephone:
(202) 314–6100.
The press and public may enter the
NTSB Conference Center one hour prior
to the meeting for set up and seating.
VerDate Mar<15>2010
17:07 May 20, 2013
Dated: Friday, May 17, 2013.
Candi R. Bing,
Federal Register Liaison Officer.
[FR Doc. 2013–12194 Filed 5–17–13; 4:15 pm]
BILLING CODE 7533–01–P
NUCLEAR REGULATORY
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Atomic Safety and Licensing Board
[Docket No. 52–033–COL; ASLBP No.
09–880–05–COL–BD01]
Before Administrative Judges: Ronald
M. Spritzer, Chairman, Dr. Anthony J.
Baratta, Dr. Randall J. Charbeneau; In
the Matter of Detroit Edison Company
(Fermi Nuclear Power Plant, Unit 3);
Notice of Hearing (Notice of
Evidentiary Hearing and Opportunity
To Provide Oral and Written Limited
Appearance Statements)
May 15, 2013.
NATIONAL TRANSPORTATION
SAFETY BOARD
TIME AND DATE:
Individuals requesting reasonable
accommodations should contact
Rochelle Hall at (202) 314–6305 or by
email at Rochelle.Hall@ntsb.gov by
Friday, May 31, 2013.
The public may view the meeting via
a live or archived webcast by accessing
a link under ‘‘News & Events’’ on the
NTSB home page at www.ntsb.gov.
Schedule updates including weatherrelated cancellations are also available
at www.ntsb.gov.
FOR MORE INFORMATION CONTACT: Candi
Bing, (202) 314–6403 or by email at
bingc@ntsb.gov.
FOR MEDIA INFORMATION CONTACT: Keith
Holloway, at (202) 314–6100 or by email
at hollowk@ntsb.gov.
Jkt 229001
Pursuant to 10 CFR 2.312, the Atomic
Safety and Licensing Board hereby
provides notice that it will convene an
evidentiary session to receive testimony
and exhibits in the contested portion of
this proceeding. In addition, the Board
gives notice that, in accordance with 10
CFR 2.315(a), it will entertain oral and
written limited appearance statements
from members of the public in
connection with this proceeding.
A. Matters To Be Considered
This combined license (‘‘COL’’)
contested proceeding involves the
application of DTE Electric Company
(formerly the Detroit Edison Company)
(‘‘Applicant’’) under 10 CFR part 52,
Subpart C, to construct and to operate
a GE-Hitachi Economic Simplified
Boiling Water Reactor (‘‘ESBWR’’),
designated Unit 3, on its existing Fermi
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
29781
nuclear facility site in Monroe County,
Michigan.1
This evidentiary hearing will consider
two contentions.
i. Contention 8
Contention 8, as restated by the
Board, alleges that
the ER fails to adequately assess [Fermi Unit
3]’s impacts on the eastern fox snake and to
consider alternatives that would reduce or
eliminate those impacts.2
ii. Contention 15 (Including Subparts
A & B)
Contention 15, as restated by the
Board, alleges that
Detroit Edison (DTE) failed to comply with
Appendix B to 10 C.F.R Part 50 to
establish and implement its own quality
assurance (QA) program when it entered into
a contract with Black and Veatch (B&V) for
the conduct of safety-related combined
license (COL) application activities and to
retain overall control of safety-related
activities performed by B&V. This violation
began in March 2007 and continued through
at least February 2008. Further, DTE failed to
complete internal audits of QA programmatic
areas implemented for the Fermi 3 COL
Application, and DTE also has failed to
document trending of corrective actions to
identify recurring conditions adverse to
quality since the beginning of the Fermi Unit
3 project in March 2007.
Contention 15A:
These deficiencies adversely impact the
quality of the safety related design
information in the FSAR that is based on
B&V’s tests, investigations, or other safetyrelated activities. Because the NRC may base
its licensing decision on safety-related design
information in the FSAR only if it has
reasonable assurance of the quality of that
information, it may not lawfully issue the
COL until the deficiencies have been
adequately corrected by the Applicant, or
until the Applicant demonstrates that the
deficiencies do not affect the quality of
safety-related design information in the
FSAR.
Contention 15B:
Although DTE claims that in February
2008 it adopted a QA program that conforms
to Appendix B, DTE has failed to implement
that program in the manner required to
properly oversee the safety-related design
activities of B&V. This demonstrates an
ongoing lack of commitment on the part of
DTE’s management to compliance with NRC
QA regulations. The NRC cannot support a
finding of reasonable assurance that the
plant, as built, can and will be operated
1 Letter from Jack M. Davis, DTE, to NRC, Detroit
Edison Company Submittal of a Combined License
Application for Fermi 3 (NRC Project No. 757)
(Sept. 18, 2008) (ADAMS Accession No.
ML082730763).
2 See Detroit Edison Co. (Fermi Nuclear Power
Plant, Unit 3), LBP–09–16, 70 NRC 227, 286 aff’d,
CLI–09–22, 70 NRC 932 (2009).
E:\FR\FM\21MYN1.SGM
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29782
Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Notices
without endangering the public health and
safety until DTE provides satisfactory proof
of a fully-implemented QA program that will
govern the design, construction, and
operation of Fermi Unit 3 in conformity with
all relevant NRC regulations.3
TKELLEY on DSK3SPTVN1PROD with NOTICES
B. Date, Time, and Location for
Evidentiary Hearing
The evidentiary hearing will
commence at 9:30 a.m., Eastern Daylight
Time (EDT) on Wednesday, October 30,
2013, and continue through Friday,
November 1, 2013, if necessary, in the
Monroe County Courthouse’s Board
Meeting Room, 125 East Second Street,
Monroe, MI 48161.
Members of the public and
representatives of the media are
welcome to attend and observe this
evidentiary hearing. However, signs,
banners, posters, and displays are
prohibited in accordance with NRC
policy.4
All individuals attending the
evidentiary hearing are advised that
security measures will be employed at
the entrance to the facility. As such, all
individuals attending the evidentiary
hearing should bring at least one form
of government issued photo
identification, refrain from bringing any
unnecessary hand-carried items that
might need to be examined
individually, and allow sufficient time
for security screening.
C. Date, Time, and Location of Oral
Limited Appearance Statement
Sessions
Two oral limited appearance
statement sessions regarding this
evidentiary hearing proceeding will be
held Tuesday, October 29, 2013, from
1:00 p.m. to 3:00 p.m. EDT (first limited
appearance session), and from 7:00 p.m.
to 8:30 p.m. (second limited appearance
session) at Monroe County Community
College, La-Z-Boy Center, Meyer
Theater, 1555 S. Raisinville Road,
Monroe, MI 48161.
Members of the public and
representatives of the media are
welcome to attend, observe, and
participate in these oral limited
appearance statement sessions, as
outlined below. As required by NRC
policy, signs, banners, posters, and
displays not larger than 18″ x 18″ will
be permitted at the oral limited
appearance statement session, but may
not be waved or held over one’s head.
Any sign, banner, poster or display
3 See Detroit Edison Co. (Fermi Nuclear Power
Plant, Unit 3), LBP–10–9, 71 NRC 493, 510–11
(2010).
4 See Procedures for Providing Security Support
for NRC Public Meetings/Hearings, 66 Fed. Reg.
31,719 (June 12, 2001) [hereinafter Meeting Security
Guidelines].
VerDate Mar<15>2010
17:07 May 20, 2013
Jkt 229001
affixed to a stick, or similar device, will
not be permitted at the oral limited
appearance statement sessions.5
All individuals attending the oral
limited appearance statement sessions
are advised that security measures will
be employed at the entrance to the
facility. As such, all individuals
attending the oral limited appearance
statement sessions should bring at least
one form of government issued photo
identification, refrain from bringing any
unnecessary hand-carried items that
might need to be examined
individually, and allow sufficient time
for security screening.
D. Participation Guidelines for Oral
Limited Appearance Statements
Any person not a party, or
representative of a party, to this
evidentiary hearing will be permitted to
make an oral statement in regards to his
or her position on a matter of concern
relating to the proceeding. Though these
statements do not constitute testimony
or evidence, they nonetheless may aid
the Board and/or the parties in their
consideration of the issues involved in
this evidentiary hearing.
Oral limited appearance statements
will be entertained during the hours
specified above. In the event that all
scheduled and unscheduled speakers
present at the session have made a
presentation, the Board reserves the
right to terminate the sessions prior to
the ending time listed above.
The time allotted for each limited
appearance statement will be five
minutes, but may be further limited
depending on the number of written
requests to make an oral statement that
are submitted in accordance with
section E below and/or the number or
persons present at the designated time,
so as to ensure that everyone will have
an opportunity to speak.
E. Submitting a Request To Make an
Oral Limited Appearance Statement
Although a request to make an oral
limited appearance statement may be
submitted either prior to or at the
limited appearance sessions, those who
have submitted timely written requests
prior to the limited appearance sessions
will be given priority over those who
have not filed such requests. To be
considered timely, a written request to
make an oral statement must either be
mailed, faxed, or sent by email so as to
be received by 5:00 p.m. EDT on Friday,
October 18, 2013.
Written requests to make an oral
statement should be submitted to:
5 See
PO 00000
Meeting Security Guidelines.
Frm 00086
Fmt 4703
Sfmt 4703
Mail: Administrative Judge Ronald M.
Spritzer, Atomic Safety and Licensing
Board Panel, Mail Stop T–3F23, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Fax: (301) 415–5599.
Email: onika.williams@nrc.gov and
ronald.spritzer@nrc.gov.
F. Submitting Written Limited
Appearance Statements
As provided in 10 CFR 2.315(a), any
person not a party, or a representative
of a party, to the proceeding may submit
a written statement setting forth his or
her position on matters of concern
relating to this proceeding. Although
these statements do not constitute
testimony or evidence, they nonetheless
may assist the Board or the parties in
their consideration of the issues in this
proceeding.
A written limited appearance
statement may be submitted at any time
and should be sent to the Office of the
Secretary using one of the methods
prescribed below:
Mail: Office of the Secretary,
Rulemaking and Adjudications Staff,
U.S. Nuclear Regulatory Commission,
Washington, DC 20444–0001.
Fax: (301) 415–1101.
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: Administrative Judge Ronald M.
Spritzer, Atomic Safety and Licensing
Board Panel, Mail Stop T–3F23, U.S.
Nuclear Regulatory Commission.
Fax: (301) 415–5599.
Email: ronald.spritzer@nrc.gov.
G. Availability of Documentary
Information Regarding the Proceeding
Applicant’s application, and various
NRC Staff documents relating to the
application, are available on the NRC
Web site at https://www.nrc.gov/reactors/
new-reactors/col/fermi.html. These and
other documents relating to this
proceeding are available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852
or electronically from the publiclyavailable records component of the
NRC’s document system (ADAMS).
ADAMS is accessible from the NRC Web
site at https://www.nrc.gov/reading-rm/
adams.html (the Public Electronic
Reading Room).6 Persons who do not
6 Some documents determined by the NRC Staff
to contain ‘‘sensitive’’ information are publicly
available only in redacted form; non-sensitive
E:\FR\FM\21MYN1.SGM
21MYN1
Federal Register / Vol. 78, No. 98 / Tuesday, May 21, 2013 / Notices
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 (800) 397–4209 or (301)
415–4737 (available between 8:00 a.m.
and 4:00 p.m. Eastern Time, Monday
through Friday except federal holidays),
or by email to pdr@nrc.gov.
H. Conference Call
The Board intends on holding a
conference call with the parties in early
October 2013 to discuss further
administrative details regarding this
evidentiary hearing.
It is so ordered.
Dated: May 15, 2013, Rockville, Maryland.
For the Atomic Safety and Licensing
Board.
Ronald M. Spritzer,
Chairman, Administrative Judge.
[FR Doc. 2013–12073 Filed 5–20–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos.: 50–275 and 50–323; NRC–
2013–0100]
Diablo Canyon Power Plant, Units 1
and 2; Application for Amendment to
Facility Operating License
Nuclear Regulatory
Commission.
ACTION: License amendment application;
withdrawal.
TKELLEY on DSK3SPTVN1PROD with NOTICES
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) has granted the
request of the Pacific Gas and Electric
Company (the licensee) to withdraw its
application dated December 29, 2009, as
supplemented by letter dated November
22, 2011 (ADAMS Accession Nos.
ML100040087 and ML113270063,
respectively), for a proposed
amendment to Facility Operating
License Nos. DPR–80 and DPR–82 for
the Diablo Canyon Power Plant, Units 1
and 2, located in San Luis Obispo
County, California.
ADDRESSES: Please refer to Docket ID
NRC–2013–0100 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and are publicly available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
documents are publicly available in their complete
form. In addition, some documents that may
contain proprietary information may be publicly
available only in redacted form.
VerDate Mar<15>2010
17:07 May 20, 2013
Jkt 229001
for Docket ID NRC–2013–0100. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
James T. Polickoski, Project Manager,
Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301–
415–5430; email:
james.polickoski@nrc.gov.
SUPPLEMENTARY INFORMATION: The
proposed amendment would revise the
licensing basis as described in the Final
Safety Analysis Report Update to
discuss the conformance of the delayed
access offsite power circuit (the 500-kV
delayed access circuit) to the General
Design Criterion 17 requirement that
each of the offsite power circuits be
designed to be available in sufficient
time following a loss of all onsite
alternating current power supplies and
the other offsite electric power circuit,
to assure that specified acceptable fuel
design limits and design conditions of
the reactor coolant pressure boundary
are not exceeded.
The Commission had previously
issued a Notice of Consideration of
Issuance of Amendment published in
the Federal Register on March 23, 2010
(75 FR 13790). However, by letter dated
March 14, 2013, the licensee withdrew
the proposed change.
For further details with respect to this
action, see the application for
amendment dated December 29, 2009,
as supplemented by letter dated
November 22, 2011, and the licensee’s
letter dated March 14, 2013, which
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
29783
withdrew the application for license
amendment (ADAMS Accession No.
ML13074A092).
Dated at Rockville, Maryland, this 13th day
of May 2013.
For the Nuclear Regulatory Commission.
Joseph M. Sebrosky,
Senior Project Manager, Plant Licensing
Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2013–12070 Filed 5–20–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ACRS Subcommittee on Plant License
Renewal; Cancellation of the May 22,
2013, ACRS Subcommittee Meeting
The ACRS Plant License Renewal
Subcommittee meeting scheduled for
May 22, 2013 has been cancelled.
The notice of this meeting was
previously published in the Federal
Register on Friday, May 10, 2013, (78
FR 27442).
Information regarding this meeting
can be obtained by contacting Kent
Howard, Designated Federal Official
(DFO) (Telephone 301–415–2989 or
Email: Kent.Howard@nrc.gov) between
7:30 a.m. and 5:15 p.m. (EST)).
Dated: May 15, 2013.
Cayetano Santos,
Chief, Technical Support Branch, Advisory
Committee on Reactor Safeguards.
[FR Doc. 2013–12072 Filed 5–20–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0001]
Sunshine Act Meetings
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission
DATE: Weeks of May 20, 27, June 3, 10,
17, 24, 2013
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland
STATUS: Public and Closed
Week of May 20, 2013
Monday, May 20, 2013
9:30 a.m. Briefing on Human Capital
and Equal Employment
Opportunity (EEO) (Public Meeting)
(Contact: Kristin Davis, 301–287–
0707)
E:\FR\FM\21MYN1.SGM
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Agencies
[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29781-29783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12073]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board
[Docket No. 52-033-COL; ASLBP No. 09-880-05-COL-BD01]
Before Administrative Judges: Ronald M. Spritzer, Chairman, Dr.
Anthony J. Baratta, Dr. Randall J. Charbeneau; In the Matter of Detroit
Edison Company (Fermi Nuclear Power Plant, Unit 3); Notice of Hearing
(Notice of Evidentiary Hearing and Opportunity To Provide Oral and
Written Limited Appearance Statements)
May 15, 2013.
Pursuant to 10 CFR 2.312, the Atomic Safety and Licensing Board
hereby provides notice that it will convene an evidentiary session to
receive testimony and exhibits in the contested portion of this
proceeding. In addition, the Board gives notice that, in accordance
with 10 CFR 2.315(a), it will entertain oral and written limited
appearance statements from members of the public in connection with
this proceeding.
A. Matters To Be Considered
This combined license (``COL'') contested proceeding involves the
application of DTE Electric Company (formerly the Detroit Edison
Company) (``Applicant'') under 10 CFR part 52, Subpart C, to construct
and to operate a GE-Hitachi Economic Simplified Boiling Water Reactor
(``ESBWR''), designated Unit 3, on its existing Fermi nuclear facility
site in Monroe County, Michigan.\1\
---------------------------------------------------------------------------
\1\ Letter from Jack M. Davis, DTE, to NRC, Detroit Edison
Company Submittal of a Combined License Application for Fermi 3 (NRC
Project No. 757) (Sept. 18, 2008) (ADAMS Accession No. ML082730763).
---------------------------------------------------------------------------
This evidentiary hearing will consider two contentions.
i. Contention 8
Contention 8, as restated by the Board, alleges that
the ER fails to adequately assess [Fermi Unit 3]'s impacts on the
eastern fox snake and to consider alternatives that would reduce or
eliminate those impacts.\2\
---------------------------------------------------------------------------
\2\ See Detroit Edison Co. (Fermi Nuclear Power Plant, Unit 3),
LBP-09-16, 70 NRC 227, 286 aff'd, CLI-09-22, 70 NRC 932 (2009).
---------------------------------------------------------------------------
ii. Contention 15 (Including Subparts A & B)
Contention 15, as restated by the Board, alleges that
Detroit Edison (DTE) failed to comply with Appendix B to 10
C.F.R Part 50 to
establish and implement its own quality assurance (QA) program when
it entered into a contract with Black and Veatch (B&V) for the
conduct of safety-related combined license (COL) application
activities and to retain overall control of safety-related
activities performed by B&V. This violation began in March 2007 and
continued through at least February 2008. Further, DTE failed to
complete internal audits of QA programmatic areas implemented for
the Fermi 3 COL Application, and DTE also has failed to document
trending of corrective actions to identify recurring conditions
adverse to quality since the beginning of the Fermi Unit 3 project
in March 2007.
Contention 15A:
These deficiencies adversely impact the quality of the safety
related design information in the FSAR that is based on B&V's tests,
investigations, or other safety-related activities. Because the NRC
may base its licensing decision on safety-related design information
in the FSAR only if it has reasonable assurance of the quality of
that information, it may not lawfully issue the COL until the
deficiencies have been adequately corrected by the Applicant, or
until the Applicant demonstrates that the deficiencies do not affect
the quality of safety-related design information in the FSAR.
Contention 15B:
Although DTE claims that in February 2008 it adopted a QA
program that conforms to Appendix B, DTE has failed to implement
that program in the manner required to properly oversee the safety-
related design activities of B&V. This demonstrates an ongoing lack
of commitment on the part of DTE's management to compliance with NRC
QA regulations. The NRC cannot support a finding of reasonable
assurance that the plant, as built, can and will be operated
[[Page 29782]]
without endangering the public health and safety until DTE provides
satisfactory proof of a fully-implemented QA program that will
govern the design, construction, and operation of Fermi Unit 3 in
conformity with all relevant NRC regulations.\3\
---------------------------------------------------------------------------
\3\ See Detroit Edison Co. (Fermi Nuclear Power Plant, Unit 3),
LBP-10-9, 71 NRC 493, 510-11 (2010).
---------------------------------------------------------------------------
B. Date, Time, and Location for Evidentiary Hearing
The evidentiary hearing will commence at 9:30 a.m., Eastern
Daylight Time (EDT) on Wednesday, October 30, 2013, and continue
through Friday, November 1, 2013, if necessary, in the Monroe County
Courthouse's Board Meeting Room, 125 East Second Street, Monroe, MI
48161.
Members of the public and representatives of the media are welcome
to attend and observe this evidentiary hearing. However, signs,
banners, posters, and displays are prohibited in accordance with NRC
policy.\4\
---------------------------------------------------------------------------
\4\ See Procedures for Providing Security Support for NRC Public
Meetings/Hearings, 66 Fed. Reg. 31,719 (June 12, 2001) [hereinafter
Meeting Security Guidelines].
---------------------------------------------------------------------------
All individuals attending the evidentiary hearing are advised that
security measures will be employed at the entrance to the facility. As
such, all individuals attending the evidentiary hearing should bring at
least one form of government issued photo identification, refrain from
bringing any unnecessary hand-carried items that might need to be
examined individually, and allow sufficient time for security
screening.
C. Date, Time, and Location of Oral Limited Appearance Statement
Sessions
Two oral limited appearance statement sessions regarding this
evidentiary hearing proceeding will be held Tuesday, October 29, 2013,
from 1:00 p.m. to 3:00 p.m. EDT (first limited appearance session), and
from 7:00 p.m. to 8:30 p.m. (second limited appearance session) at
Monroe County Community College, La-Z-Boy Center, Meyer Theater, 1555
S. Raisinville Road, Monroe, MI 48161.
Members of the public and representatives of the media are welcome
to attend, observe, and participate in these oral limited appearance
statement sessions, as outlined below. As required by NRC policy,
signs, banners, posters, and displays not larger than 18'' x 18'' will
be permitted at the oral limited appearance statement session, but may
not be waved or held over one's head. Any sign, banner, poster or
display affixed to a stick, or similar device, will not be permitted at
the oral limited appearance statement sessions.\5\
---------------------------------------------------------------------------
\5\ See Meeting Security Guidelines.
---------------------------------------------------------------------------
All individuals attending the oral limited appearance statement
sessions are advised that security measures will be employed at the
entrance to the facility. As such, all individuals attending the oral
limited appearance statement sessions should bring at least one form of
government issued photo identification, refrain from bringing any
unnecessary hand-carried items that might need to be examined
individually, and allow sufficient time for security screening.
D. Participation Guidelines for Oral Limited Appearance Statements
Any person not a party, or representative of a party, to this
evidentiary hearing will be permitted to make an oral statement in
regards to his or her position on a matter of concern relating to the
proceeding. Though these statements do not constitute testimony or
evidence, they nonetheless may aid the Board and/or the parties in
their consideration of the issues involved in this evidentiary hearing.
Oral limited appearance statements will be entertained during the
hours specified above. In the event that all scheduled and unscheduled
speakers present at the session have made a presentation, the Board
reserves the right to terminate the sessions prior to the ending time
listed above.
The time allotted for each limited appearance statement will be
five minutes, but may be further limited depending on the number of
written requests to make an oral statement that are submitted in
accordance with section E below and/or the number or persons present at
the designated time, so as to ensure that everyone will have an
opportunity to speak.
E. Submitting a Request To Make an Oral Limited Appearance Statement
Although a request to make an oral limited appearance statement may
be submitted either prior to or at the limited appearance sessions,
those who have submitted timely written requests prior to the limited
appearance sessions will be given priority over those who have not
filed such requests. To be considered timely, a written request to make
an oral statement must either be mailed, faxed, or sent by email so as
to be received by 5:00 p.m. EDT on Friday, October 18, 2013.
Written requests to make an oral statement should be submitted to:
Mail: Administrative Judge Ronald M. Spritzer, Atomic Safety and
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Fax: (301) 415-5599.
Email: onika.williams@nrc.gov and ronald.spritzer@nrc.gov.
F. Submitting Written Limited Appearance Statements
As provided in 10 CFR 2.315(a), any person not a party, or a
representative of a party, to the proceeding may submit a written
statement setting forth his or her position on matters of concern
relating to this proceeding. Although these statements do not
constitute testimony or evidence, they nonetheless may assist the Board
or the parties in their consideration of the issues in this proceeding.
A written limited appearance statement may be submitted at any time
and should be sent to the Office of the Secretary using one of the
methods prescribed below:
Mail: Office of the Secretary, Rulemaking and Adjudications Staff,
U.S. Nuclear Regulatory Commission, Washington, DC 20444-0001.
Fax: (301) 415-1101.
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: Administrative Judge Ronald M. Spritzer, Atomic Safety and
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission.
Fax: (301) 415-5599.
Email: ronald.spritzer@nrc.gov.
G. Availability of Documentary Information Regarding the Proceeding
Applicant's application, and various NRC Staff documents relating
to the application, are available on the NRC Web site at https://www.nrc.gov/reactors/new-reactors/col/fermi.html. These and other
documents relating to this proceeding are available for public
inspection at the Commission's Public Document Room (PDR), located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852 or electronically from the publicly-available records
component of the NRC's document system (ADAMS). ADAMS is accessible
from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html (the
Public Electronic Reading Room).\6\ Persons who do not
[[Page 29783]]
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 (800) 397-4209 or (301) 415-4737 (available between
8:00 a.m. and 4:00 p.m. Eastern Time, Monday through Friday except
federal holidays), or by email to pdr@nrc.gov.
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\6\ Some documents determined by the NRC Staff to contain
``sensitive'' information are publicly available only in redacted
form; non-sensitive documents are publicly available in their
complete form. In addition, some documents that may contain
proprietary information may be publicly available only in redacted
form.
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H. Conference Call
The Board intends on holding a conference call with the parties in
early October 2013 to discuss further administrative details regarding
this evidentiary hearing.
It is so ordered.
Dated: May 15, 2013, Rockville, Maryland.
For the Atomic Safety and Licensing Board.
Ronald M. Spritzer,
Chairman, Administrative Judge.
[FR Doc. 2013-12073 Filed 5-20-13; 8:45 am]
BILLING CODE 7590-01-P