[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Notices]
[Pages 39545-39546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18725]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-400-LA; ASLBP No. 99-762-02-LA]


Atomic Safety and Licensing Board; Before Administrative Judges: 
G. Paul Bollwerk, III, Chairman, Frederick J. Shon and Dr. Peter S. 
Lam; In the Matter of Carolina Power & Light Company (Shearon Harris 
Nuclear Power Plant); Notice of Hearing (License Amendment Application 
to Expand Spent Fuel Pool Capacity)

July 16, 1999.
    In this proceeding, Carolina Power & Light Company (CP&L) has 
applied under 10 CFR 50.90 for a license amendment to increase the 
spent fuel storage capacity at its Shearon Harris Nuclear Power Plant 
(Harris), located in Wake and Chatham Counties, North Carolina. In its 
December 23, 1998 amendment request, CP&L seeks authorization to add 
rack modules to spent fuel pools ``C'' and ``D'' and place the pools in 
service. On January 7, 1999, the NRC staff issued a notice that the 
agency is (1) considering this license amendment application; (2) 
considering making a no significant hazards determination under 10 CFR 
50.92 that would permit issuance of the amendment; and (3) affording 
the opportunity for a formal adjudicatory hearing on the CP&L 
application. The notice was published in the Federal Register on 
January 13, 1999. (64 FR 2237 (1999).)
    By filing dated February 12, 1999, petitioner Board of 
Commissioners of Orange County, North Carolina (BCOC), made a timely 
request for a hearing relative to the CP&L license amendment 
application. On February 18, 1999, the Secretary of the Commission 
referred the CP&L application to the Atomic Safety and Licensing Board 
Panel to conduct any subsequent adjudication. On February 24, 1999, 
this Licensing Board was appointed to preside over this proceeding. (64 
FR 10165 (1999).) The Board consists of Frederick J. Shon, Dr. Peter S. 
Lam, and G. Paul Bollwerk, III, who serves as Chairman of the Board.
    On May 13, 1999, the Board conducted a one-day prehearing 
conference in Chapel Hill, North Carolina, to hear oral argument on the 
issues of BCOC's standing and the admissibility of its eight proffered 
contentions. The Board ruled on those matters in a July 12, 1999 
issuance in which it concluded (1) BCOC did have standing to intervene 
as of right; and (2) two of its eight contentions were admissible. 
Accordingly, BCOC's hearing request was granted and it was admitted as 
a party to this proceeding. (Carolina Power & Light Co. (Sharon Harris 
Nuclear Power Plant), LBP-99-25, 50 NRC ________ (July 12, 1999).) \1\
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    \1\  A copy of the Board's July 12, 1999 decision can be found 
on the Internet at www.nrc.gov/OPA/reports/lbp9925.htm.
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    In light of the foregoing, please take notice that a hearing will 
be conducted in this proceeding. This hearing will be governed by the 
formal hearing procedures set forth in 10 CFR Part 2, Subpart G (10 CFR 
2.700-.790), subject to any election by the parties to utilize the 
hybrid hearing procedures in 10 CFR Part 2, Subpart K (10 CFR 
2.1101-.1117).
    During the course of the proceeding, the Board may conduct an oral

[[Page 39546]]

argument, as provided in 10 CFR 2.755, 2.1113, may hold additional 
prehearing conferences pursuant to 10 CFR 2.752, and may conduct 
evidentiary hearings in accordance with 10 CFR 2.750-.751, 2.1115. The 
public is invited to attend any oral argument, prehearing conference, 
or evidentiary hearing. Notices of those sessions will be published in 
the Federal Register and/or made available to the public at the NRC 
Public Document Rooms.
    Additionally, as provided in 10 CFR 2.715(a), any person not a 
party to the proceeding may submit a written limited appearance 
statement setting forth his or her position on the issues in this 
proceeding. These statements do not constitute evidence, but may assist 
the Board and/or parties in defining the issues being considered. 
Persons wishing to submit a written limited appearance statement should 
send it to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff. A copy of the statement also should be served on 
the Chairman of the Atomic Safety and Licensing Board. At a later date, 
the Board may entertain oral limited appearance statements at a 
location or locations in the vicinity of the Harris facility. Notice of 
any oral limited appearance sessions will be published in the Federal 
Register 
and/or made available to the public at the NRC Public Document Rooms.
    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20555; and at the NRC 
Local Public Document Room at the Cameron Village Regional Library, 
1930 Clark Avenue, Raleigh, North Carolina 27605.

    Dated: July 16, 1999, Rockville, Maryland.

    For the Atomic Safety and Licensing Board.\2\
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    \2\ Copies of this notice of hearing were sent this date by 
Internet e-mail transmission to counsel for (1) applicant CP&L (2) 
intervenor BCOC; and (3) the NRC staff.
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G. Paul Bollwerk, III,
Administrative Judge.
[FR Doc. 99-18725 Filed 7-21-99; 8:45 am]
BILLING CODE 7590-01-P