[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Pages 54158-54159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20198]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-007-ESP and ASLBP No. 04-821-01-ESP]
Atomic Safety and Licensing Board; In the Matter of Exelon
Generation Company, LLC (Early Site Permit for Clinton ESP Site);
Notice of Hearing (Application for Early Site Permit)
August 31, 2004.
Before Administrative Judges:
Dr. Paul B. Abramson, Chairman
Dr. Anthony J. Baratta
Dr. David L. Hetrick
This proceeding concerns the September 25, 2003 application of
Exelon Generation Company, LLC (EGC) for a 10 CFR Part 52 early site
permit (ESP). The ESP application seeks approval of the site of the
existing Clinton nuclear power facility in DeWitt County, Illinois, for
the possible construction of one or more new nuclear reactors. In
response to a December 8, 2003 notice of hearing and opportunity to
petition for leave to intervene regarding the EGC ESP application (68
FR 69,426 (Dec. 12, 2003)), on January 12, 2004, the Environmental Law
and Policy Center, the Nuclear Energy Information Service, the Blue
Ridge Environmental Defense League, the Nuclear Information and
Resource Service, and Public Citizen (collectively Clinton Intervenors)
filed a request for hearing and petition to intervene contesting the
EGC ESP application. Their petition was referred by the Commission to
the Atomic Safety and Licensing Board Panel to conduct any subsequent
adjudication. (See CLI-04-08, 59 NRC 113, 118-19 (2004).) On March 22,
2004, a three-member Atomic Safety and Licensing Board was
[[Page 54159]]
established to adjudicate this ESP proceeding. (See 69 FR 15,910 (Mar.
26, 2004).)
On June 21-22, 2004, the Board conducted a two-day initial
prehearing conference at the NRC's Rockville, Maryland headquarters
facility during which it heard oral presentations regarding the
standing of the ESP petitioners and the admissibility of their six
proffered contentions. Thereafter, in an August 6, 2004 issuance the
Board noted that the petitioners have established the requisite
standing to intervene in this proceeding and ruled that they have
submitted one admissible contention concerning the EGC ESP application
so that they can be admitted as parties to this proceeding. (Exelon
Generation Company, LLC (Early Site Permit for Clinton ESP Site), LBP-
04-17, 60 NRC--(Aug. 6, 2004).)
1. Hearing(s) Will Be Conducted. In light of the foregoing, please
take notice that a hearing will be conducted in this contested
proceeding. This hearing will be governed by the hearing procedures set
forth in 10 CFR Part 2, Subparts C and L (10 CFR 2.300-.390,
2.1200-.1213).
2. Matters To Be Considered. In its August 6, 2004 Order (referred
to above), the Board set forth the specific admitted contention which
will be litigated in this contested hearing. In addition, as was
indicated in the December 2003 notice regarding the EGC ESP application
(68 FR at 69,426) and the applicable regulations in 10 CFR 52.21, the
Licensing Board is to: (a) Consider whether issuance of an ESP will be
inimical to the common defense and security or to the health and safety
of the public (Safety Issue 1); (b) determine whether, taking into
consideration the site criteria contained in 10 CFR Part 100, a reactor
or reactors having characteristics that fall within the parameters for
the site, can be constructed and operated without undue risk to the
public health and safety (Safety Issue 2); and (c) consider whether in
accordance with the requirements of 10 CFR Part 51, Subpart A, the ESP
should be issued as proposed. Additionally, in accord with the December
2003 notice, the Board is to: (d) Determine whether the requirements of
sections 102(2)(A), (C), and (E) of the National Environmental Policy
Act of 1969 and 10 CFR Part 51, Subpart A, have been complied with in
the proceeding; (e) independently consider the final balance among
conflicting factors contained in the record of proceeding with a view
to determining the appropriate action to be taken; and (f) determine,
after considering reasonable alternatives, whether a license should be
issued, denied, or appropriately conditioned to protect environmental
values.
3. Hearing Procedures; Public Attendance. During the course of the
proceeding, the Board may conduct an oral argument, as provided in 10
CFR 2.331, may hold additional prehearing conferences pursuant to 10
CFR 2.329, and may conduct evidentiary hearings in accordance with 10
CFR 2.327-.328, 2.1206-.1208. 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 Room (PDR), located
at One White Flint North, 11555 Rockville Pike (first floor),
Rockville, Maryland, and through the NRC Web site, www.nrc.gov.
4. Limited Appearances. As provided in 10 CFR 2.315(a), any person
not a party to the proceeding may submit a written limited appearance
statement. Limited appearance statements, which are placed in the
docket for the hearing, provide members of the public with an
opportunity to make the Board and/or the participants aware of their
concerns about matters at issue in the proceeding. A written limited
appearance statement can be submitted at any time and should be sent to
the Office of the Secretary using one of the methods prescribed below:
Mail to: Office of the Secretary, Rulemakings and Adjudications
Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax to: (301) 415-1101 (verification (301) 415-1966).
E-mail to: [email protected].
In addition, a copy of the limited appearance statement should be
sent to the Licensing Board Chairman using the same method at the
address below:
Mail to: Administrative Judge Paul B. Abramson, Atomic Safety and
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Fax to: (301) 415-5599 (verification (301) 415-7550).
E-mail to: [email protected].
At a later date, the Board may entertain oral limited appearance
statements at a location or locations in the vicinity of the proposed
EGC ESP. Notice of any oral limited appearance sessions will be
published in the Federal Register and/or made available to the public
at the NRC PDR and on the NRC Web site, www.nrc.gov.
5. Document Availability. Documents relating to this proceeding are
available for public inspection at the Commission's PDR or
electronically from the publicly available records component of NRC's
document system (ADAMS). ADAMS is accessible from the NRC Web site at
www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
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, 301-415-4737, or by e-
mail to [email protected].
It is so ordered.
Dated: August 31, 2004 in Rockville, Maryland.
For the Atomic Safety and Licensing Board.\*\
Paul B. Abramson,
Administrative Judge.
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\*\ Copies of this notice of hearing were sent this date by
Internet e-mail transmission to counsel for (1) applicant EGC; (2)
the Clinton Intervenors; and (3) the NRC staff.
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[FR Doc. 04-20198 Filed 9-3-04; 8:45 am]
BILLING CODE 7590-01-P