[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Pages 50647-50649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19836]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-008]
Dominion Nuclear North Anna, LLC; North Anna Esp Site, Early Site
Permit ESP-003; Notice of Consideration of Approval of Transfer of
Early Site Permit and Conforming Amendment and Opportunity for a
Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 52.28, ``Transfer of
Early Site Permit,'' 10 CFR 50.80, ``Transfer of Licenses,'' and 10 CFR
50.90, ``Application for Amendment of License, Construction Permit, or
Early Site Permit,'' approving the direct transfer of the North Anna
ESP Site Early Site Permit (ESP-003) currently held by Dominion Nuclear
North Anna LLC (DNNA) as permit holder of ESP-003. The transfer would
be to Virginia Electric and Power Company, doing business as Dominion
Virginia Power (DVP), and Old Dominion Electric Cooperative (ODEC). The
Commission is also considering amending the permit for administrative
purposes to reflect the proposed transfer.
According to an application for approval filed by DNNA, DVP, and
ODEC, DVP and ODEC would become the holders of the Early Site Permit
following approval of the proposed permit transfer and would assume all
rights, duties, and obligations of ESP-003.
The proposed amendment would delete references to DNNA, reflect DVP
and ODEC as the permit holders, and delete certain provisions that are
no longer applicable because they applied only to DNNA.
Pursuant to 10 CFR 52.28 and 10 CFR 50.80, no Early Site Permit, or
any right thereunder, shall be transferred, directly or indirectly,
through transfer of control of the ESP to any person, unless the
Commission gives its consent in writing. The Commission will approve an
application for the direct transfer of an Early Site Permit if the
Commission determines that the proposed transferee is qualified to hold
the permit and that the transfer is otherwise consistent with
applicable provisions of law, regulations and orders issued by the
Commission pursuant thereto.
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Before issuance of the proposed conforming permit amendment, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations.
As provided in 10 CFR 2.1315(b), ``[w]here administrative license
amendments are necessary to reflect an approved transfer, such
amendments will be included in the order that approves the transfer.
Any challenge to the administrative license amendment is limited to the
question of whether the license amendment accurately reflects the
approved transfer.'' In light of the generic determination reflected in
10 CFR 2.1315(b), only public comments with respect to whether the
amendment accurately reflects the approved transfer are being
solicited, notwithstanding the general comment procedures contained in
10 CFR 50.91.
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission through the NRC E-filing system. Requests for a hearing and
petitions for leave to intervene should be filed in accordance with the
Commission's rules of practice set forth in Subpart C ``Rules of
General Applicability: Hearing Requests, Petitions to Intervene,
Availability of Documents, Selection of Specific Hearing Procedures,
Presiding Officer Powers, and General Hearing Management for NRC
Adjudicatory Hearings,'' of 10 CFR Part 2. In particular, such requests
and petitions must comply with the requirements set forth in 10 CFR
2.309. Untimely requests and petitions may be denied, as provided in 10
CFR 2.309(c)(1), unless good cause for failure to file on time is
established. In addition, an untimely request or petition should
address the factors that the Commission will also consider, in
reviewing untimely requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)-(viii).
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which was
promulgated by the NRC on August 28, 2007, (72 FR 49139). 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 of E-Filing, at least
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
[email protected] or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. 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 filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE 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
EIE 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, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have 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. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application,
participants are requested not to include copyrighted materials in
their submissions.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal
[[Page 50649]]
Register and served on the parties to the hearing.
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the permit transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments are not
subject to the E-Filing rule and should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
Attention: Rulemakings and Adjudications Staff, and should cite the
publication date and page number of this Federal Register notice.
Comments may also be sent by e-mail to [email protected].
For further details with respect to this permit transfer
application, see the application dated April 24, 2008, available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible electronically from
the Agency wide Documents Access and Management System's (ADAMS) Public
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. The accession number for the
application is ML081210412. The application is also available at http://www.nrc.gov/reactors/new-licensing/col.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
[email protected].
Dated at Rockville, Maryland, this 21st day of August 2008.
For the Nuclear Regulatory Commission.
Thomas A. Kevern,
Senior Project Manager, ESBWR/ABWR Projects Branch 1, Division of New
Reactor Licensing, Office of New Reactors.
[FR Doc. E8-19836 Filed 8-26-08; 8:45 am]
BILLING CODE 7590-01-P