[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Notices]
[Pages 10921-10922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4103]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-333-LT and 50-286-LT (consolidated); ASLBP No. 01-785-
02-LT]


Atomic Safety and Licensing Board; Notice of Oral Hearing

February 13, 2001.
    Before Administrative Judge: Charles Bechhoefer, Presiding 
Officer.
    In the Matter of Power Authority Of The State Of New York and 
Entergy Nuclear FitzPatrick LLC, Entergy Nuclear Indian Point 3 LLC, 
and Entergy Nuclear Operations, Inc.
    (James A. FitzPatrick Nuclear Power Plant and Indian Point 
Nuclear Generating Unit No. 3).

    This proceeding involves applications by the Power Authority of the 
State of New York (PASNY) to transfer its ownership interest in, and 
operating/maintenance responsibility for, the Indian Point Nuclear 
Generating Unit No. 3 and the James A. FitzPatrick Nuclear Power Plant 
to Entergy Nuclear Indian Point 3, LLC (ENIP), or, as applicable, 
Entergy Nuclear FitzPatrick, LLC (ENF), and, respectively, Entergy 
Nuclear Operations, Inc. The proceeding is governed by the provisions 
of 10 CFR Part 2, Subpart M (Secs. 2.1300-2.1331).
    In its Memorandum and Order dated November 27, 2000, CLI-00-22, 52 
NRC 266, the Commission, inter alia, granted the request for hearing of 
the Citizens Awareness Network (CAN) and the request to participate as 
a governmental entity of Westchester County. A notice of the granting 
of the hearing requests, as specified by 10 CFR 2.1308(d)(1), was 
published in the Federal Register at 65 Fed. Reg. 78,198 (December 14, 
2000).
    Please take notice that, as set forth in 10 CFR 2.1309, an oral 
hearing will be held in this proceeding on Tuesday, March 13, 2001, at 
the Auditorium, White Plains Public Library, 100 Martine Avenue, White 
Plains, NY

[[Page 10922]]

10601, beginning at 9:30 a.m. and extending until 6 p.m. To the extent 
necessary, the hearing will continue at the same location from 9:30 
a.m. to 12 noon on Wednesday, March 14, 2001. Issues to be considered 
at the hearing are:

    1. (Issue 2)--Whether the transfer Applicants' plan for handling 
decommissioning funds for the FitzPatrick and Indian Point nuclear 
plants--whereby control of the decommissioning funds will remain 
with PASNY but responsibility for decommissioning the plants will 
reside with the Entergy companies--provides reasonable assurance of 
adequate decommissioning funding, within the meaning of 10 CFR 
50.75(b) and 50.75(e)(1)(vi). [See CLI-00-22, 52 NRC at 319.]
    2. (Issue 3)--Whether the license transfer applications provide 
adequate financial assurance for the safe operation of FitzPatrick 
and Indian Point 3 because the applications do not demonstrate an 
appropriate margin between anticipated operating costs and revenue 
projections, and the Entergy applicants do not provide evidence of 
access to sufficient reserve funding, specifically with respect to 
the subparts or bases pproved in LBP-00-04 (corrected version dated 
February 5, 2001), [See LBP-00-04 (corrected version), 53 NRC ____, 
____ (2001) (slip op. at 20).]

    Issue 2 (essentially a legal issue) will be the first issue 
considered, on Tuesday morning, March 13, 2001. CAN will present its 
position initially, followed by the Licensees and the NRC Staff and 
rebuttal by CAN. Issue 3 will follow, with the Licensees presenting 
their witnesses first, followed by CAN and the NRC Staff and rebuttal 
by the Licensees.
    The names and addresses of participants are as follows:

1. Entergy Companies and PASNY:
Jay E. Silberg, Esq., Shaw Pittman, 2300 N Street, NW., Washington, DC 
20037-1128
Gerald C. Goldstein, Esq., Assistant General Counsel, New York Power 
Authority, 123 Main Street, White Plains, NY 10601
Douglas E. Levanway, Esq., Wise Carter Child & Caraway, 401 E. Capitol 
St., Suite 600, P.O. Box 651, Jackson, MS 39205
John M. Fulton, Esq., Entergy, 600 Rocky Hill Road, Plymouth, MA 02360
2. CAN:
Timothy L. Judson, Organizer, CNY--Citizens Awareness Network, 140 
Bassett St., Syracuse, NY 13210
Deborah Katz, Executive Director, Citizens Awareness Network, PO Box 
83, Shelburne Falls, MA 01370
3. Westchester County:
Stewart M. Glass, Esq., Senior Assistant County Attorney, County of 
Westchester, Department of Law, Room 600, 148 Martine Ave., White 
Plains, NY 10601
4. NRC Staff (not a party, but presenting the Safety Evaluation Report 
(SER) and responding to questions posed by the Presiding Officer)
Steven R. Hom, Esq., Office of the General Counsel, 0-15D21, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555
    Presiding at the oral hearing will be Administrative Judge Charles 
Bechhoefer, whose jurisdiction commenced with his designation as 
Presiding Officer on November 28, 2000, see 65 Fed. Reg. 75,976 
(December 5, 2000), and will terminate with his certification of the 
record to the Commission, following his receipt of the parties' final 
statements of position. The designated Presiding Officer has no 
authority to render a final or recommended decision with respect either 
to the license transfer itself or the issues admitted for hearing. See 
10 CFR 2.1309(b)(3).
The following filing schedules have been adopted with respect to each 
issue:
1. Initial Statements of Position and Written Direct Testimony 
(together with supporting affidavits)
Issue 2: January 12, 2001 (11:59 p.m.)--papers already filed.
Issue 3: February 26, 2001 (11:59 p.m.)
2. Written responses to direct testimony, and rebuttal testimony (with 
supporting affidavits); Proposed questions on written direct testimony
Issue 2: February 1, 2001 (11:59 p.m.)--papers already filed.
Issue 3: March 5, 2001 (11:59 p.m.)
3. Proposed questions directed to written rebuttal testimony
Issue 2: February 12, 2001 (11:59 p.m.)--papers already filed.
Issue 3: March 8, 2001 (11:59 p.m.)
    The oral hearing will be open to members of the public, except 
that, where necessary to consider proprietary data (Issue 3), the 
hearing will be open only to those authorized access to such data.

    Dated: February 13, 2001, Rockville, Maryland.
Charles Bechhoefer,
Administrative Judge.
[FR Doc. 01-4103 Filed 2-16-01; 8:45 am]
BILLING CODE 7590-01-P