[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Pages 54160-54161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20199]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-009-ESP and ASLBP No. 04-823-03-ESP]


Atomic Safety and Licensing Board; In the Matter of System Energy 
Resources, Inc. (Early Site Permit for Grand Gulf ESP Site); Notice of 
Hearing (Application for Early Site Permit)

August 31, 2004.
    Before Administrative Judges: G. Paul Bollwerk, III, Chairman; 
Dr. Paul B. Abramson; Dr. Anthony J. Baratta.

    This proceeding concerns the October 16, 2003 application of System 
Energy Resources, Inc., (SERI) for a 10 CFR part 52 early site permit 
(ESP). The ESP application seeks approval of the site of the existing 
Grand Gulf nuclear power station in Claiborne County, Mississippi, for 
the possible construction of one or more new nuclear reactors. In 
response to a January 7, 2004 notice of hearing and opportunity to 
petition for leave to intervene regarding the SERI ESP application (69 
FR 2636 (Jan. 16, 2004)), on February 12, 2004, the National 
Association for the Advancement of Colored People (Claiborne County, 
Mississippi Branch), Nuclear Information and Resource Service, Public 
Citizen, and the Mississippi Chapter of the Sierra Club (collectively 
Grand Gulf Petitioners) filed a request for hearing and petition to 
intervene contesting the SERI ESP application, which they supplemented 
on February 17, 2004. Subsequently, the petitions were 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 established to adjudicate this ESP proceeding. (See 69 FR 
15,911 (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 seven 
proffered contentions. Thereafter,

[[Page 54161]]

in an August 6, 2004 issuance the Board noted that although the 
petitioners had established the requisite standing to intervene in this 
proceeding, they had failed to submit at least one admissible 
contention concerning the SERI ESP application so that none of them can 
be admitted as a party to this proceeding. (System Energy Resources, 
Inc. (Early Site Permit for Grand Gulf ESP Site), LBP-04-19, 60 NRC--
(Aug. 6, 2004).)
    Although this proceeding is now uncontested, as was indicated in 
the January 2004 notice regarding the SERI ESP application, 69 Fed. 
Reg. at 2636, and in accordance with the agency's regulations in 10 CFR 
part 52, the Licensing Board is to determine if (1) The application and 
the record of the proceeding contain sufficient information and the 
review of the application by the NRC staff has been adequate to support 
a negative finding on the issue of 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); (2) an affirmative finding can be made 
on the issue of 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 (3) the review conducted by the Commission 
pursuant to the National Environmental Policy Act of 1969 (NEPA) has 
been adequate. Additionally, in accord with the January 2004 notice, 
the Board is to (1) Determine whether the requirements of NEPA sections 
102(2)(A), (C), and (E) and 10 CFR part 51, subpart A, have been 
complied with in the proceeding; (2) 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 (3) 
determine, after considering reasonable alternatives, whether a license 
should be issued, denied, or appropriately conditioned to protect 
environmental values.
    This proceeding will be conducted in accordance with the procedures 
in 10 CFR part 2, Subparts C and L (10 CFR 2.300-.390, 2.1200-.1213). 
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, 2.1207. 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, 
http://www.nrc.gov.
    Additionally, 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 G. Paul Bollwerk, III, 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 
Grand Gulf ESP site. 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, http://www.nrc.gov.
    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.*

G. Paul Bollwerk, III,
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 SERI; (2) 
the Grand Gulf Petitioners; and (3) the NRC staff.
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[FR Doc. 04-20199 Filed 9-3-04; 8:45 am]
BILLING CODE 7590-01-P