[Federal Register Volume 71, Number 194 (Friday, October 6, 2006)]
[Notices]
[Pages 59135-59136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16555]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-007-ESP; ASLBP No. 04-821-01-ESP]


 In the Matter of Exelon Generation Company, LLC (Early Site 
Permit for Clinton ESP Site); Before Administrative Judges: Dr. Paul B. 
Abramson, Chairman; Dr. Anthony J. Baratta; Dr. David L. Hetrick; 
Notice (Notice of Hearing and of Opportunity to Make Oral or Written 
Limited Appearance Statements)

 October 2, 2006.
    This Atomic Safety and Licensing Board hereby gives notice that it 
will convene an evidentiary session to receive testimony and exhibits 
in the ``mandatory hearing'' portion of this proceeding regarding the 
September 25, 2003 Application of the Exelon Generation Company, LLC, 
(Exelon) for a 10 CFR part 52 early site permit (ESP), seeking approval 
of the site of the existing Clinton nuclear power station in DeWitt 
County, Illinois, for the possible construction of one or more new 
nuclear reactors.\1\ This mandatory hearing will concern safety and 
environmental matters relating to the proposed issuance of the 
requested ESP, as more fully described below.
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    \1\ See 68 FR 69,426 (Dec. 12, 2003).
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    In addition, the Board gives notice that, in accordance with 10 CFR 
2.315(a), it will entertain oral limited appearance statements from 
members of the public in connection with this proceeding.

A. Matters To Be Considered

    As set forth by the Commission in the December 2003 ``Notice of 
Hearing and Opportunity To Petition for Leave To Intervene Early Site 
Permit for the Clinton ESP Site'' (68 FR at 69,426) and the applicable 
regulations in 10 CFR 52.21 the matters at issue in this proceeding 
are: (a) 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) 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) 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: (d) 
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) 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) after 
considering reasonable alternatives, whether a license should be 
issued, denied, or appropriately conditioned to protect environmental 
values.

B. Date, Time, and Location of Mandatory Hearing

    The Board will conduct this mandatory hearing at the specified 
location and time:
    1. Date: Tuesday, November 7, 2006, time: beginning at 9 a.m. 
c.s.t., location: Decatur Conference Center, 4191 W. U.S. Highway 36, 
Decatur, Illinois.
    The hearing on these issues will continue day-to-day until 
concluded.
    The public is advised that, in accordance with 10 CFR 2.390, 
portions of the hearing sessions may be closed to the public because 
the matters at issue may involve the discussion of protected 
information.

C. Date, Time, and Location of Oral Limited Appearance Statement 
Session

    This session will be on the following date at the specified 
location and time:
    1. Date: Wednesday, November 8, 2006, time: 6 to 10 p.m. c.s.t., 
location: Clinton Junior High School, 701 Illini Drive, Clinton, 
Illinois.

D. Participation Guidelines for Oral Limited Appearance Statements

    Any person not a party, or a representative of a party, to the 
proceeding will be permitted to make an oral statement of not more than 
five minutes setting forth his or her position on matters of concern 
relating to this proceeding. Although these statements do not 
constitute testimony or evidence, they nonetheless may help the Board 
and/or the parties in their consideration of the issues in this 
proceeding.
    Oral limited appearance statements will be entertained during the 
hours specified above, or such lesser time as may be sufficient to 
accommodate the

[[Page 59136]]

speakers who are present.\2\ In this regard, if all scheduled and 
unscheduled speakers present have made a presentation, the Licensing 
Board will terminate the session before the ending time listed above.
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    \2\ Any members of the public who plan to attend either the 
mandatory hearing or the limited appearance session are advised that 
security measures may be employed at the entrance to the hearing 
facility, including searches of hand-carried items such as 
briefcases or backpacks. Participants are expected to respect and 
preserve the dignity of this proceeding; therefore, during the 
limited appearance session, static signs no larger than 18'' by 18'' 
will be permitted, but may not be attached to sticks, held up, 
waved, or moved about in the rooms.
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    Although the Board expects that the time allotted for each 
statement will be no more than five minutes, it may be further limited 
depending on the number of written requests to make an oral statement 
that are submitted in accordance with section E below and/or the number 
of persons present at the designated time indicate that it is necessary 
to reduce each person's time to enable all those desiring to speak to 
do so.

E. Priority to those who Submitted a Prior Request

    Persons wishing to make an oral statement who have submitted a 
timely written request to do so will be given priority over those who 
have not filed such a request. To be considered timely, a written 
request to make an oral statement must either be mailed, faxed, or sent 
by e-mail so as to be received by 5 p.m. eastern standard time on 
October 30, 2006. Written requests to make an oral statement should be 
submitted to: Mail: Office of the Secretary, Rulemakings and 
Adjudications Staff, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Fax: (301) 415-1101 (verification (301) 415-1966). E-mail: 
[email protected].
    In addition, using the same method of service, a copy of the 
written request to make an oral statement should be sent to the 
Chairman of this Licensing Board as follows: Mail: Administrative Judge 
Paul B. Abramson, Atomic Safety and Licensing Board Panel, Mail Stop T-
3 F23, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 
Fax: (301) 415-5599 (verification (301) 415-6094). E-mail: [email protected] 
and [email protected].

F. Submitted Written Limited Appearance Statements

    In addition to or in lieu of an oral limited appearance statement, 
a written limited appearance statement may be submitted to the Board 
regarding this proceeding at any time. Such statements should be sent 
to the Office of the Secretary using the methods prescribed above, with 
a copy to the Licensing Board Chairman.

G. Availability of Documentary Information Regarding the Proceeding

    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, 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 (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 (800) 
397-4209 or (301) 415-4737, or by e-mail to [email protected].

H. Scheduling Information Updates

    Any updated/revised scheduling information regarding the 
evidentiary hearing and limited appearance sessions can be found on the 
NRC Web site at http://www.nrc.gov/public-involve/public-meetings/index.cfm or by calling (800) 368-5642, extension 5036, or (301) 415-
5036.

    For the Atomic Safety and Licensing Board. \3\
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    \3\ Copies of this notice were sent this date by Internet e-mail 
transmission to counsel for (1) applicant Exelon; (2) the NRC Staff.

     Dated: October 2, 2006.
Paul B. Abramson,
Administrative Judge, Rockville, Maryland.
 [FR Doc. E6-16555 Filed 10-5-06; 8:45 am]
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