[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

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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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