[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Notices]
[Page 16598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4785]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0219-LR; ASLBP No. 06-844-01-LR]
Atomic Safety and Licensing Board; In the Matter of Amergen
Energy Company, LLC; License Renewal for Oyster Creek Nuclear
Generating Station
March 28, 2006.
Before Administrative Judges: E. Roy Hawkens, Chairman, Dr. Paul B.
Abramson, Dr. Anthony J. Baratta.
Notice of Hearing
Application for 20-Year License Renewal
This proceeding concerns the application by AmerGen Energy Company,
LLC (``AmerGen'') to renew its operating license for the Oyster Creek
Nuclear Generating Station (``Oyster Creek'') for twenty years beyond
the current expiration date of April 9, 2009. In response to the
September 15, 2005, Notice of Opportunity for Hearing (70 FR 54,585
(Sept. 15, 2005)), two Requests for Hearing and Petitions to Intervene
were filed on November 14, 2005. One Petition was filed by the New
Jersey Department of Environmental Protection [hereinafter referred to
as New Jersey], and the other Petition was filed by the Nuclear
Information and Resource Service (``NIRS''), Jersey Shore Nuclear
Watch, Inc., Grandmothers, Mothers and More for Energy Safety, New
Jersey Public Interest Research Group, New Jersey Sierra Club, and New
Jersey Environmental Federation [hereinafter referred to collectively
as NIRS]. On December 9, 2005, this Atomic Safety and Licensing Board
was established by the Commission to preside over the proceeding.
On February 27, 2006, this Board issued a Memorandum and Order in
which we (LBP-06-07, 63 NRC --, -- (slip op. at 2) (Feb. 27, 2006)):
(1) denied New Jersey's Request for Hearing and Petition to Intervene;
\1\ and (2) granted NIRS's Request for Hearing and Petition to
Intervene. We concluded that NIRS's contention was admissible to the
extent it challenged AmerGen's aging management program for measuring
corrosion in the sand bed region of the drywell liner (id. at 33);
however, it was not admissible with respect to the areas above or below
the sand bed region (id. at 32-33 & nn.27, 28).\2\
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\1\ Although New Jersey established standing, the Board
concluded that it failed to proffer an admissible contention.
\2\ On February 7, 2006, NIRS filed a Motion for Leave to Add
Contentions or Supplement the Basis of the Current Contention, which
AmerGen and the NRC Staff opposed. On March 22, 2006, this Board
issued a Memorandum and Order denying NIRS's Motion (LBP-06-11, 63
NRC -- (slip op.) (Mar. 22, 2006)).
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In light of the foregoing, please take notice that a hearing will
be conducted in this proceeding. The hearing will be governed by the
informal hearing procedures set forth in 10 CFR part 2, subpart L (10
CFR 2.1200-.1213). During the course of the proceeding, the Board may
conduct an oral argument (id. Sec. 2.331), may hold pre-hearing
conferences (id. Sec. 2.329), and may conduct evidentiary hearings
(id. Sec. 2.1207).\3\ The public is invited to attend any oral
argument, pre-hearing conference, or evidentiary hearing unless
otherwise ordered by the Commission (id. Sec. Sec. 2.327-.328).
Notices of these sessions will be published in the Federal Register
and/or made available to the public at the NRC Public Document Room,
located at One White Flint, 11555 Rockville Pike (first floor),
Rockville, Maryland, and through the NRC Web site, http://www.nrc.gov.
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\3\ The parties to this proceeding are advised that they will be
contacted in the near future by the Board's law clerk for purposes
of setting up a scheduling conference (10 CFR 2.332; 10 CFR Pt. 2,
App. B (II), Model Milestones for Hearings Conducted Under 10 CFR
Part 2, Subpart L).
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Additionally, as provided in 10 CFR 2.315(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 by mail 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 should also be served on
the Chairman of this Atomic Safety and Licensing Board by mail to the
Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. At a later date, the Board may
entertain oral limited appearance statements at a location or locations
in the vicinity of the Oyster Creek 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 Room and
on the NRC Web site, http://www.nrc.gov.
Documents relating to this proceeding are available for public
inspection at the NRC's Public Document Room or electronically from the
publicly available records component of NRC's document system (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who
encounter problems in accessing the documents located in ADAMS may
contact the NRC Public Document Room reference staff by telephone at 1-
800-397-4209 or 301-415-4737, or by e-mail to [email protected].
It is so ordered.
For the Atomic Safety and Licensing Board.\4\
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\4\ Copies of this Notice of Hearing were sent this date by
Internet e-mail to counsel for: (1) AmerGen; (2) New Jersey; (3)
NIRS; and (4) the NRC Staff.
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March 28, 2006.
E. Roy Hawkens,
Chairman, Administrative Judge, Rockville, Maryland.
[FR Doc. E6-4785 Filed 3-31-06; 8:45 am]
BILLING CODE 7590-01-P