[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