[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Notices]
[Pages 1344-1346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-258]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 52-008-ESP; ASLBP No. 04-822-02-ESP]
Atomic Safety and Licensing Board; In the Matter of Dominion
Nuclear North Anna, LLC (Early Site Permit for North Anna ESP Site);
Order (Notice of Opportunity To Make Oral or Written Limited Appearance
Statements)
January 5, 2007.
Before Administrative Judges: Alex S. Karlin, Chairman, Dr. Thomas
S. Elleman, Dr. Richard F. Cole.
This proceeding concerns the September 25, 2003 application of
Dominion Nuclear North Anna LLC for an early site permit (ESP) for the
possible construction of two nuclear power reactors on the site of two
existing nuclear reactors in Mineral, Virginia.
This Atomic Safety and Licensing Board hereby gives notice that,
pursuant to 10 CFR 2.315(a), the Board will entertain oral limited
appearance statements from members of the public regarding the North
Anna ESP application. The limited appearance statement session will be
held on February 8, 2007 from 6 p.m. to 11 p.m. EST at the Louisa
County High School auditorium, 757 Davis Highway, Mineral, Virginia
23117.
I. Background and Scope of Proceeding
The Nuclear Regulatory Commission (Commission) has defined an ESP
as ``Commission approval * * * for a site or sites for one or more
nuclear power facilities.'' 10 CFR 52.3(b). If an ESP application is
approved, then, if the holder applies for a later construction permit,
``the Commission shall treat as resolved those matters resolved in the
proceeding on the application for issuance or renewal of the early site
permit.'' 10 CFR 52.39(a)(2). The North Anna ESP application also
includes a site redress plan, which, if approved, would allow the ESP
holder to prepare the site for construction of the plant, as long as
the activities will not result in any significant adverse environmental
impact which cannot be redressed, and the applicant commits to redress
the site if a construction permit is not issued. 10 CFR 52.25. See
North Anna ESP Application, Revision 9, 4-1-1 (September 2006). The
applicant may not undertake any other construction activities on the
site, however, without having applied for and received a construction
or combined operating license from the NRC. 10 CFR 52.3. On December 2,
2003, the Commission published a notice of hearing with regard to
Dominion's North Anna ESP application, notifying the public of the
mandatory hearing on certain uncontested safety and environmental
issues, and of the right to petition for leave to intervene to contest
the application. 68 FR 67489 (Dec. 2, 2003). On January 2, 2004, Blue
Ridge Environmental Defense League, Nuclear Information and Resource
Service, and Public Citizen filed a petition to intervene. The
predecessor Board admitted two of the Intervenors' contentions. See
Dominion Nuclear North Anna LLC (North Anna ESP), LBP-04-18, 60 NRC
253, 274 (2004).
On January 13, 2006, Dominion submitted a supplement to its
application, proposing to change the cooling system for proposed Unit 3
and to increase the power level of each proposed unit (Units 3 and 4)
from 4300 MWt to 4500 MWt. As a consequence, the application process
was delayed by a year. The Staff issued a supplemental Final Safety
Evaluation Report (FSER) on November 15, 2006, and a supplemental Final
Environmental Impact Statement (FEIS) on December 14, 2006, addressing
the changed application.
Both of the admitted contentions were resolved, one by a settlement
and the
[[Page 1345]]
other by summary disposition. Licensing Board Order (Approving
Settlement and Dismissal of Contention EC 3.3.4) (Jan. 6, 2005)
(unpublished); Dominion Nuclear North Anna LLC (North Anna ESP), LBP-
06-24, 64 NRC (2006). This is now an uncontested proceeding mandated by
Section 189a(1)(A) of the Atomic Energy Act, 42 U.S.C. 2239(a)(1)(A),
and 10 CFR 52.21.
In an uncontested proceeding for an ESP, the Board must make
findings on six issues. See 68 FR 67489, 67489 (December 2, 2003). They
are as follows:
1. Safety Issue 1: The Director of the Office of New Reactors (NRR)
is obligated to propose a finding as to whether issuance of the ESP
will be inimical to the common defense and security or to the health
and safety of the public. The Board must decide whether the application
and the record of the proceeding contain sufficient information, and
the review of application by the NRC Staff has been adequate to support
a finding that the issuance of the ESP will NOT be inimical to the
common defense and security or to the health and safety of the public.
2. Safety Issue 2: The Director of NRR is obligated to propose a
finding as to whether, taking into consideration the site criteria
contained in 10 CFR Part 100, a reactor, or reactors, having the
characteristics that fall within the parameters for the site, can be
constructed without undue risk to the health and safety of the public.
The Board must decide whether the application and the record of the
proceeding contain sufficient information, and the review of
application by the NRC Staff has been adequate to support a finding
that, taking into consideration the site criteria contained in 10 CFR
Part 100, a reactor, or reactors, having the characteristics that fall
within the parameters for the site, can be constructed without undue
risk to the health and safety of the public.
3. NEPA Issue: The Director of NRR is obligated to propose a
finding as to whether, in accordance with the requirements of subpart A
of 10 CFR Part 51, the ESP should be issued as proposed. The Board must
decide whether the review conducted by the Commission pursuant to NEPA
has been adequate.
4. NEPA Baseline Issue 1: The Board must decide whether the
requirements of Section 102(2)(A), (C) and (E) of NEPA and Subpart A of
10 CFR Part 51 have been complied with in the proceeding.
5. NEPA Baseline Issue 2: The Board must independently consider the
final balance among the conflicting factors contained in the record of
the proceeding and must determine the appropriate action to be taken.
6. NEPA Baseline Issue 3: The Board must determine, after
considering reasonable alternatives, whether the ESP should be issued,
denied, or appropriately conditioned to protect environmental values.
II. Notice of Limited Appearance Statement Session
A. Date, Time, and Location of Oral Limited Appearance Statement
Session
The oral limited appearance statement session will be from 6:00 PM
to 11:00 PM EST on February 8, 2007, at the Louisa County High School
auditorium, 757 Davis Highway, Mineral, Virginia 23117.
B. Participation Guidelines for Oral Limited Appearance Statements
Any person who is not currently a party will be permitted to make
an oral statement setting forth his or her position on matters of
concern related to this ESP application. The jurisdiction of this Board
and the scope of this proceeding is limited to the six issues, listed
above, that the Board must decide regarding the ESP application.
Limited appearance statements will be transcribed, but are not under
oath or affirmation and do not constitute testimony or evidence. The
purpose of limited appearance statements is to allow members of the
public to alert the Board and the parties to areas of concern relating
to the ESP application and to assist the Board in its consideration of
the six issues.
Members of the public who plan to attend 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. Signs can be no larger than 18
inches by 18 inches and may not be attached to sticks, held up, or
moved about in the rooms. Policy Statement on Enhancing Public
Participation in NRC Meetings, 67 FR 36920, 36923 (May 28, 2002).
In order to allow the maximum number of interested persons an
opportunity to address the Board, the time allotted for each oral
limited appearance statement normally will be no more than five
minutes, and the allocated time may be further limited, depending on
the number of written requests to make an oral statement that are
submitted in accordance with section C below and/or the number of
persons present at the designated time. At the outset of each
statement, the speaker should identify himself or herself and specify
any affiliation (such as employment, consultancy, or membership) with
any of the parties.
C. Submitting a Request To Make an Oral Limited Appearance Statement
Persons who have submitted a timely written request to make an oral
limited appearance statement will be given priority over those who have
not filed such a request or who sign up to speak on the date of the
session. 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 Daylight Time on Monday, February 5, 2007.
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: Alex S. Karlin, Chairman, c/o: Margaret Parish, Esq., Law
Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T-3 E2C, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax: (301) 415-5599 (verification (301) 415-6094).
E-mail: [email protected] and [email protected].
D. Written Limited Appearance Statements (In Lieu of Oral Statements)
A written limited appearance statement may be submitted to the
Board regarding this proceeding. Such statements should be submitted by
April 19, 2007, and should be sent to the Office of the Secretary using
the methods prescribed above, with a copy to the Licensing Board
Chairman.
III. Availability of Documentary Information Regarding the Proceeding
Documents relating to this proceeding are available for public
inspection at the Commission's Public Document Room (One White Flint
North, 11555 Rockville Pike, Rockville, Maryland 20852) or
electronically from the publicly available records component of NRC's
Agencywide Documents Access and Management System (ADAMS). ADAMS is
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic
[[Page 1346]]
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 public document room reference staff by telephone at 1-800-397-4209
or 301-415-4737, or by e-mail to [email protected].
IV. Scheduling Information Updates
Any updated/revised scheduling information regarding the limited
appearance session can be found by calling (800) 368-5642 or (301) 415-
8200 or on the NRC Web site at http://www.nrc.gov/public-involve/public-meetings/index.cfm.
It is so ordered.
The Atomic Safety and Licensing Board.
Dated in Rockville, Maryland, on January 5, 2007.
Alex S. Karlin,
Chairman, Administrative Judge.
[FR Doc. E7-258 Filed 1-10-07; 8:45 am]
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