In the Matter of Nuclear Innovation North America LLC, Combined Licenses for South Texas Project, Units 3 and 4; Notice of Hearing, 61492-61494 [2015-25892]

Download as PDF 61492 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES requestor’s/petitioner’s interest. The petition must also identify the specific contentions which the requestor/ petitioner 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/petitioner shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. Since the Commission has made a final determination that the amendment involves no significant hazards consideration, if a hearing is requested, it will not stay the effectiveness of the amendment. Any hearing held would take place while the amendment is in effect. Arizona Public Service Company, Docket No. 50–529, Palo Verde Nuclear Generating Station, Unit 2, Maricopa County, Arizona Date of amendment request: September 4, 2015, as supplemented by letter dated September 15, 2015. Description of amendment request: The amendment added a Note to Technical Specification Surveillance Requirement (SR) 3.1.5.3, Control Element Assembly (CEA) freedom of movement surveillance, such that Unit 2, CEA 88 may be excluded from the remaining quarterly performance of the SR in Unit 2, Cycle 19 due to a degraded upper gripper coil. The amendment allows the licensee to delay exercising CEA 88 until after repairs can be made during the upcoming fall 2015 outage. Date of issuance: September 25, 2015. VerDate Sep<11>2014 21:23 Oct 09, 2015 Jkt 238001 Effective date: This license amendment is effective as of the date of issuance and shall be implemented prior to the SR 3.1.5.3 performance due date for CEA 88 in Unit 2, Cycle 19. Amendment No.: 196. A publiclyavailable version is in ADAMS under Accession No. ML15266A005; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment. Renewed Facility Operating License No. NPF-51: Amendment revised the Operating License and Technical Specifications. Public comments requested as to proposed no significant hazards consideration (NSHC): Yes. Public notice of the proposed amendment was published in the Arizona Republic, located in Phoenix, Arizona, from September 21 through September 22, 2015. The notice provided an opportunity to submit comments on the Commission’s proposed NSHC determination. No comments were received. The supplemental letter dated September 15, 2015, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff’s original proposed NSHC determination as published in the Arizona Republic. The Commission’s related evaluation of the amendment, finding of exigent circumstances, state consultation, and final NSHC determination are contained in a Safety Evaluation dated September 25, 2015. Attorney for licensee: William A. Horin, Esq., Winston & Strawn, 1700 K Street NW., Washington, DC 20006– 3817. NRC Branch Chief: Michael T. Markley. Dated at Rockville, Maryland, this 1st day of October 2015. For the Nuclear Regulatory Commission. Anne T. Boland, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2015–25860 Filed 10–9–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–012 and 52–013; NRC– 2008–0091] In the Matter of Nuclear Innovation North America LLC, Combined Licenses for South Texas Project, Units 3 and 4; Notice of Hearing Nuclear Regulatory Commission. AGENCY: PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 ACTION: Notice of hearing. The U.S. Nuclear Regulatory Commission (NRC or the Commission) will convene an evidentiary session to receive testimony and exhibits in the uncontested portion of this proceeding regarding the application of Nuclear Innovation North America LLC (NINA) for combined licenses (COLs) to construct and operate two additional units (Units 3 and 4) at the South Texas Project (STP) Electric Generating Station site in Matagorda County near Bay City, Texas. This mandatory hearing will concern safety and environmental matters relating to the requested COLs. DATES: The hearing will be held on November 19, 2015, beginning at 8:30 a.m. Eastern Time. For the schedule for submitting pre-filed documents and deadlines affecting Interested Government Participants, see Section VI of the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: Please refer to Docket IDs 52–012 and 52–013 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • NRC’s Electronic Hearing Docket: You may obtain publicly available documents related to this hearing online at https://www.nrc.gov/abaout-nrc/ regulatory/adjudicatory.html. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ 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 (if it 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: Glenn Ellmers, Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415–0442; email: Glenn.Ellmers@ nrc.gov. SUMMARY: SUPPLEMENTARY INFORMATION: E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices I. Background The Commission hereby gives notice that, pursuant to section 189a of the Atomic Energy Act of 1954, as amended (the Act), it will convene an evidentiary session to receive testimony and exhibits in the uncontested portion of this proceeding regarding NINA’s September 20, 2007, application for COLs under part 52 of title 10 of the Code of Federal Regulations (10 CFR), to construct and operate two additional units (Units 3 and 4) at the STP Electric Generating Station site in Matagorda County near Bay City, Texas (ADAMS Accession No. ML15120A324). This mandatory hearing will concern safety and environmental matters relating to the requested COLs, as more fully described below. Participants in the hearing are not to address any contested issues in their written filings or oral presentations. II. Evidentiary Uncontested Hearing The Commission will conduct this hearing beginning at 8:30 a.m., Eastern Time on November 19, 2015, at the Commission’s headquarters in Rockville, Maryland. The hearing on these issues will continue on subsequent days, if necessary. III. Presiding Officer The Commission is the presiding officer for this proceeding. IV. Matters To Be Considered The matter at issue in this proceeding is whether the review of the application by the Commission’s staff has been adequate to support the findings found in 10 CFR 52.97 and 10 CFR 51.107. Those findings that must be made for each COL are as follows: mstockstill on DSK4VPTVN1PROD with NOTICES Issues Pursuant to the Atomic Energy Act of 1954, as Amended The Commission will determine whether (1) the applicable standards and requirements of the Act and the Commission’s regulations have been met; (2) any required notifications to other agencies or bodies have been duly made; (3) there is reasonable assurance that the facility will be constructed and will operate in conformity with the license, the provisions of the Act, and the Commission’s regulations; (4) the applicant is technically and financially qualified to engage in the activities authorized; and (5) issuance of the license will not be inimical to the common defense and security or the health and safety of the public. VerDate Sep<11>2014 21:23 Oct 09, 2015 Jkt 238001 Issues Pursuant to the National Environmental Policy Act (NEPA) of 1969, as Amended The Commission will (1) determine whether the requirements of sections 102(2)(A), (C), and (E) of NEPA and the applicable regulations in 10 CFR part 51 have been met; (2) independently consider the final balance among conflicting factors contained in the record of the proceeding with a view to determining the appropriate action to be taken; (3) determine, after weighing the environmental, economic, technical, and other benefits against environmental and other costs, and considering reasonable alternatives, whether the combined licenses should be issued, denied, or appropriately conditioned to protect environmental values; and (4) determine whether the NEPA review conducted by the NRC staff has been adequate. V. Schedule for Submittal of Pre-Filed Documents No later than October 29, 2015, unless the Commission directs otherwise, the staff and the applicant shall submit a list of its anticipated witnesses for the hearing. No later than October 29, 2015, unless the Commission directs otherwise, the applicant shall submit its pre-filed written testimony. The staff previously submitted its testimony on September 30, 2015. The Commission may issue written questions to the applicant or the staff before the hearing. If such questions are issued, an order containing such questions will be issued no later than October 16, 2015. Responses to such questions are due October 29, 2015, unless the Commission directs otherwise. VI. Interested Government Participants No later than October 14, 2015, any interested State, local government body, or affected, Federally-recognized Indian tribe may file with the Commission a statement of any issues or questions to which the State, local government body, or Indian tribe wishes the Commission to give particular attention as part of the uncontested hearing process. Such statement may be accompanied by any supporting documentation that the State, local government body, or Indian tribe sees fit to provide. Any statements and supporting documentation (if any) received by the Commission using the agency’s E-filing system 1 by the 1 The process for accessing and using the agency’s E-filing system is described in the February 20, 2009, notice of hearing that was issued by the Commission for this proceeding. See South Texas PO 00000 Frm 00160 Fmt 4703 Sfmt 4703 61493 deadline indicated above will be made part of the record of the proceeding. The Commission will use such statements and documents as appropriate to inform its pre-hearing questions to the Staff and applicant, its inquiries at the oral hearing and its decision following the hearing. The Commission may also request, prior to November 5, 2015, that one or more particular States, local government bodies, or Indian tribes send one representative each to the evidentiary hearing to answer Commission questions and/or make a statement for the purpose of assisting the Commission’s exploration of one or more of the issues raised by the State, local government body, or Indian tribe in the pre-hearing filings described above. The decision of whether to request the presence of a representative of a State, local government body, or Indian tribe at the evidentiary hearing to make a statement and/or answer Commission questions is solely at the Commission’s discretion. The Commission’s request will specify the issue or issues that the representative should be prepared to address. States, local governments, or Indian Tribes should be aware that this evidentiary hearing is separate and distinct from the NRC’s contested hearing process. Issues within the scope of contentions that have been admitted or contested issues pending before the Atomic Safety and Licensing Board or the Commission in a contested proceeding for a COL application are outside the scope of the uncontested proceeding for that COL application. In addition, although States, local governments, or Indian tribes participating as described above may take any position they wish, or no position at all, with respect to issues regarding the COL application or the NRC staff’s associated environmental review that do fall within the scope of the uncontested proceeding (i.e., issues that are not within the scope of admitted contentions or pending contested issues), they should be aware that many of the procedures and rights applicable to the NRC’s contested hearing process due to the inherently adversarial nature of such proceedings are not available with respect to this uncontested hearing. Participation in Project Nuclear Operating Company Application for the South Texas Project Units 3 and 4; Notice of Order, Hearing, and Opportunity To Petition for Leave To Intervene 74 FR 7934. Participants who are unable to use the electronic information exchange (EIE), or who will have difficulty complying with EIE requirements in the time frame provided for submission of written statements, may provide their statements by electronic mail to hearingdocket@nrc.gov. E:\FR\FM\13OCN1.SGM 13OCN1 61494 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices the NRC’s contested hearing process is governed by 10 CFR 2.309 (for persons or entities, including States, local governments, or Indian tribes, seeking to file contentions of their own) and 10 CFR 2.315(c) (for interested States, local governments, and Indian tribes seeking to participate with respect to contentions filed by others). Participation in this uncontested hearing does not affect the right of a State, local government, or Indian tribe to participate in the separate contested hearing process. Dated at Rockville, Maryland, this 5th day of October 2015. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 2015–25892 Filed 10–9–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2015–0005] Information Collection: NRC Form 748, National Source Tracking Transaction Report Nuclear Regulatory Commission. AGENCY: Notice of submission to the Office of Management and Budget; request for comment. ACTION: The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, ‘‘NRC Form 748, National Source Tracking Transaction Report.’’ SUMMARY: Submit comments by November 12, 2015. DATES: Submit comments directly to the OMB reviewer at: Vlad Dorjets, Desk Officer, Office of Information and Regulatory Affairs (3150–0202) NEOB– 10202, Office of Management and Budget, Washington, DC 20503; telephone: 202–395–1741, email: Vladik_Dorjets@omb.eop.gov. mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: FOR FURTHER INFORMATION CONTACT: Tremaine Donnell, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–41–6258; email: INFOCOLLECTS.Resource@nrc.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 21:23 Oct 09, 2015 Jkt 238001 I. Obtaining Information and Submitting Comments submissions available to the public or entering the comment into ADAMS. A. Obtaining Information II. Background Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, ‘‘NRC Form 748, National Source Tracking Transaction Report.’’ The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register notice with a 60-day comment period on this information collection on June 12, 2015 (80 FR 33570). 1. The title of the information collection: NRC Form 748, National Source Tracking Transaction Report. 2. OMB approval number: 3150–0202. 3. Type of submission: Extension. 4. The form number if applicable: NRC Form 748. 5. How often the collection is required or requested: On occasion (at completion of a transaction, and at inventory reconciliation). 6. Who will be required or asked to respond: Licensees that manufacture, receive, transfer, disassemble, or dispose of nationally tracked sources. 7. The estimated number of annual responses: 20,306 (13,200 online + 480 batch upload + 6,626 NRC Form 748). 8. The estimated number of annual respondents: 1,400 (260 NRC Licensees + 1,140 Agreement State Licensees). 9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 2,209.7. Abstract: In 2006, the NRC amended its regulations to implement a National Source Tracking System (NSTS) for certain sealed sources. The amendments require licensees to report certain transactions involving nationally tracked sources to the NSTS. These transactions include the manufacture, transfer, receipt, disassembly, or disposal of the nationally tracked source. This information collection is mandatory and is used to populate the NSTS. National source tracking is part of a comprehensive radioactive source control program for radioactive materials of greatest concern. The NRC and Agreement States use the information provided by licensees in the NSTS to track the life cycle of the nationally tracked source from manufacture through shipment receipt, decay, and burial. The NSTS enhances Please refer to Docket ID NRC–2015– 0005 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2015–0005. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ 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 supporting statement is available in ADAMS under Accession No. ML15226A163. • 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. • NRC’s Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC’s Clearance Officer, Tremaine Donnell, Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–6258; email: INFOCOLLECTS.Resource@nrc.gov. B. Submitting Comments The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at https:// www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the OMB, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that comment submissions are not routinely edited to remove such information before making the comment PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61492-61494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25892]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-012 and 52-013; NRC-2008-0091]


In the Matter of Nuclear Innovation North America LLC, Combined 
Licenses for South Texas Project, Units 3 and 4; Notice of Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of hearing.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
will convene an evidentiary session to receive testimony and exhibits 
in the uncontested portion of this proceeding regarding the application 
of Nuclear Innovation North America LLC (NINA) for combined licenses 
(COLs) to construct and operate two additional units (Units 3 and 4) at 
the South Texas Project (STP) Electric Generating Station site in 
Matagorda County near Bay City, Texas. This mandatory hearing will 
concern safety and environmental matters relating to the requested 
COLs.

DATES: The hearing will be held on November 19, 2015, beginning at 8:30 
a.m. Eastern Time. For the schedule for submitting pre-filed documents 
and deadlines affecting Interested Government Participants, see Section 
VI of the SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: Please refer to Docket IDs 52-012 and 52-013 when contacting 
the NRC about the availability of information regarding this document. 
You may obtain publicly-available information related to this document 
using any of the following methods:
     NRC's Electronic Hearing Docket: You may obtain publicly 
available documents related to this hearing online at https://www.nrc.gov/abaout-nrc/regulatory/adjudicatory.html.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/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 (if it 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: Glenn Ellmers, Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-0442; email: Glenn.Ellmers@nrc.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 61493]]

I. Background

    The Commission hereby gives notice that, pursuant to section 189a 
of the Atomic Energy Act of 1954, as amended (the Act), it will convene 
an evidentiary session to receive testimony and exhibits in the 
uncontested portion of this proceeding regarding NINA's September 20, 
2007, application for COLs under part 52 of title 10 of the Code of 
Federal Regulations (10 CFR), to construct and operate two additional 
units (Units 3 and 4) at the STP Electric Generating Station site in 
Matagorda County near Bay City, Texas (ADAMS Accession No. 
ML15120A324). This mandatory hearing will concern safety and 
environmental matters relating to the requested COLs, as more fully 
described below. Participants in the hearing are not to address any 
contested issues in their written filings or oral presentations.

II. Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 8:30 a.m., 
Eastern Time on November 19, 2015, at the Commission's headquarters in 
Rockville, Maryland. The hearing on these issues will continue on 
subsequent days, if necessary.

III. Presiding Officer

    The Commission is the presiding officer for this proceeding.

IV. Matters To Be Considered

    The matter at issue in this proceeding is whether the review of the 
application by the Commission's staff has been adequate to support the 
findings found in 10 CFR 52.97 and 10 CFR 51.107. Those findings that 
must be made for each COL are as follows:

Issues Pursuant to the Atomic Energy Act of 1954, as Amended

    The Commission will determine whether (1) the applicable standards 
and requirements of the Act and the Commission's regulations have been 
met; (2) any required notifications to other agencies or bodies have 
been duly made; (3) there is reasonable assurance that the facility 
will be constructed and will operate in conformity with the license, 
the provisions of the Act, and the Commission's regulations; (4) the 
applicant is technically and financially qualified to engage in the 
activities authorized; and (5) issuance of the license will not be 
inimical to the common defense and security or the health and safety of 
the public.

Issues Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as Amended

    The Commission will (1) determine whether the requirements of 
sections 102(2)(A), (C), and (E) of NEPA and the applicable regulations 
in 10 CFR part 51 have been met; (2) independently consider the final 
balance among conflicting factors contained in the record of the 
proceeding with a view to determining the appropriate action to be 
taken; (3) determine, after weighing the environmental, economic, 
technical, and other benefits against environmental and other costs, 
and considering reasonable alternatives, whether the combined licenses 
should be issued, denied, or appropriately conditioned to protect 
environmental values; and (4) determine whether the NEPA review 
conducted by the NRC staff has been adequate.

V. Schedule for Submittal of Pre-Filed Documents

    No later than October 29, 2015, unless the Commission directs 
otherwise, the staff and the applicant shall submit a list of its 
anticipated witnesses for the hearing.
    No later than October 29, 2015, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The staff previously submitted its testimony on September 30, 2015.
    The Commission may issue written questions to the applicant or the 
staff before the hearing. If such questions are issued, an order 
containing such questions will be issued no later than October 16, 
2015. Responses to such questions are due October 29, 2015, unless the 
Commission directs otherwise.

VI. Interested Government Participants

    No later than October 14, 2015, any interested State, local 
government body, or affected, Federally-recognized Indian tribe may 
file with the Commission a statement of any issues or questions to 
which the State, local government body, or Indian tribe wishes the 
Commission to give particular attention as part of the uncontested 
hearing process. Such statement may be accompanied by any supporting 
documentation that the State, local government body, or Indian tribe 
sees fit to provide. Any statements and supporting documentation (if 
any) received by the Commission using the agency's E-filing system \1\ 
by the deadline indicated above will be made part of the record of the 
proceeding. The Commission will use such statements and documents as 
appropriate to inform its pre-hearing questions to the Staff and 
applicant, its inquiries at the oral hearing and its decision following 
the hearing. The Commission may also request, prior to November 5, 
2015, that one or more particular States, local government bodies, or 
Indian tribes send one representative each to the evidentiary hearing 
to answer Commission questions and/or make a statement for the purpose 
of assisting the Commission's exploration of one or more of the issues 
raised by the State, local government body, or Indian tribe in the pre-
hearing filings described above. The decision of whether to request the 
presence of a representative of a State, local government body, or 
Indian tribe at the evidentiary hearing to make a statement and/or 
answer Commission questions is solely at the Commission's discretion. 
The Commission's request will specify the issue or issues that the 
representative should be prepared to address.
---------------------------------------------------------------------------

    \1\ The process for accessing and using the agency's E-filing 
system is described in the February 20, 2009, notice of hearing that 
was issued by the Commission for this proceeding. See South Texas 
Project Nuclear Operating Company Application for the South Texas 
Project Units 3 and 4; Notice of Order, Hearing, and Opportunity To 
Petition for Leave To Intervene 74 FR 7934. Participants who are 
unable to use the electronic information exchange (EIE), or who will 
have difficulty complying with EIE requirements in the time frame 
provided for submission of written statements, may provide their 
statements by electronic mail to hearingdocket@nrc.gov.
---------------------------------------------------------------------------

    States, local governments, or Indian Tribes should be aware that 
this evidentiary hearing is separate and distinct from the NRC's 
contested hearing process. Issues within the scope of contentions that 
have been admitted or contested issues pending before the Atomic Safety 
and Licensing Board or the Commission in a contested proceeding for a 
COL application are outside the scope of the uncontested proceeding for 
that COL application. In addition, although States, local governments, 
or Indian tribes participating as described above may take any position 
they wish, or no position at all, with respect to issues regarding the 
COL application or the NRC staff's associated environmental review that 
do fall within the scope of the uncontested proceeding (i.e., issues 
that are not within the scope of admitted contentions or pending 
contested issues), they should be aware that many of the procedures and 
rights applicable to the NRC's contested hearing process due to the 
inherently adversarial nature of such proceedings are not available 
with respect to this uncontested hearing. Participation in

[[Page 61494]]

the NRC's contested hearing process is governed by 10 CFR 2.309 (for 
persons or entities, including States, local governments, or Indian 
tribes, seeking to file contentions of their own) and 10 CFR 2.315(c) 
(for interested States, local governments, and Indian tribes seeking to 
participate with respect to contentions filed by others). Participation 
in this uncontested hearing does not affect the right of a State, local 
government, or Indian tribe to participate in the separate contested 
---------------------------------------------------------------------------
hearing process.

    Dated at Rockville, Maryland, this 5th day of October 2015.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2015-25892 Filed 10-9-15; 8:45 am]
BILLING CODE 7590-01-P
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