[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