[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Notices]
[Pages 15913-15914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6130]


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NUCLEAR REGULATORY COMMISSION

 [Docket No. 52-011-ESP; ASLBP No. 07-850-01-ESP-BD01]


Atomic Safety and Licensing Board Panel; Before the Licensing 
Board: G. Paul Bollwerk, III, Chairman, Nicholas G. Trikouros, Dr. 
James F. Jackson; In the Matter of Southern Nuclear Operating Co. 
(Early Site Permit for Vogtle ESP Site); Notice of Hearing (Application 
for Early Site Permit)

March 28, 2007.
    This proceeding concerns the August 15, 2006 application of 
Southern Nuclear Operating Company (SNC) for a 10 CFR Part 52 early 
site permit (ESP). The ESP application seeks approval for use of the 
existing Vogtle Electric Generating Plant site near Waynesboro, 
Georgia, for the possible construction of two new nuclear reactors. In 
response to an October 5, 2006 notice of hearing and opportunity to 
petition for leave to intervene, 71 FR 60,195 (Oct. 12, 2006), on 
December 11, 2006, the Center for a Sustainable Coast, Savannah 
Riverkeeper, Southern Alliance for Clean Energy, Atlanta Women's Action 
for New Directions, and Blue Ridge Environmental Defense League 
(collectively the Joint Petitioners) filed a timely request for hearing 
and petition to intervene contesting the SNC ESP application. On 
December 13, 2006, the Commission referred the petition to the Atomic 
Safety and Licensing Board Panel to conduct any subsequent 
adjudication. On December 15, 2006, a three-member Atomic Safety and 
Licensing Board was established to adjudicate this ESP proceeding. See 
71 FR 77,071 (Dec. 22, 2006).
    On February 13, 2007, the Board conducted a one-day initial 
prehearing conference in Waynesboro, Georgia, during which it heard 
oral presentations regarding the standing of the Joint Petitioners and 
the admissibility of their seven proffered contentions. Thereafter, in 
a March 12, 2007 issuance, finding that each of the Joint Petitioners 
had established the requisite standing to intervene in this proceeding 
and that they had submitted two admissible contentions concerning the 
SNC ESP application, the Board admitted them as parties to this 
proceeding. See Southern Nuclear Operating Co. (Early Site Permit for 
Vogtle ESP Site), LBP-07-03, 65 NRC (Mar. 12, 2006).
    In light of the foregoing, please take notice that a hearing will 
be conducted in this proceeding. Subject to any Board determination 
regarding any request to utilize formal hearing procedures under 10 CFR 
part 2, Subpart G, see 10 CFR 2.310(d), the hearing on contested 
matters will be governed by the informal hearing procedures set forth 
in 10 CFR part 2, subparts C and L, 10 CFR 2.300-2.390, 2.1200-12.1213. 
Further, in accordance with the October 2006 notice regarding the SNC 
ESP application, 71 FR at 60,195, and 10 CFR 52.21, in the context of a 
hearing on uncontested matters, the Licensing Board will:
    (1) Consider whether the issuance of an ESP will not be inimical to 
the common defense and security or to the health and safety of the 
public (Safety Issue 1);
    (2) Determine 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 health and safety of 
the public (Safety Issue 2); and
    (3) Consider whether, in accordance with the requirements of 
subpart A of 10 CFR part 51, the ESP should be issued as proposed.
    Additionally, in accord with the October 2006 notice, the Board 
will:
    (1) Determine 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;
    (2) Independently consider the final balance among conflicting 
factors contained in the record of proceeding with a view to 
determining the appropriate action to be taken; and
    (3) Determine, after considering reasonable alternatives, whether a 
license should be issued, denied, or appropriately conditioned to 
protect environmental values.
    During the course of this proceeding, the Board may conduct an oral 
argument, as provided in 10 CFR 2.331, may hold additional prehearing 
conferences pursuant to 10 CFR 2.329, and may conduct evidentiary 
hearings in accordance with 10 CFR 2.327-2.328, 2.1206-2.1208. The 
public is invited to attend any oral argument, prehearing conference, 
or evidentiary hearing. Notices of those sessions will be published in 
the Federal Register and/or made available to the public at the NRC 
Public Document Room (PDR), located at One White Flint North, 11555 
Rockville Pike (first floor), Rockville, Maryland, and through the NRC 
Web site, http://www.nrc.gov.
    Additionally, as provided in 10 CFR 2.315(a), any person not a 
party to the proceeding may submit a written limited appearance 
statement. Limited appearance statements, which are placed in the 
docket for the hearing, provide members of the public with an 
opportunity to make the Board and/or the participants aware of their 
concerns about matters at issue in the proceeding. A written limited 
appearance statement can be submitted at any time and should be sent to 
the Office of the Secretary using one of the methods prescribed below:
    Mail to: Office of the Secretary, Rulemakings and Adjudications 
Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax to: (301) 415-1101 (verification (301) 415-1966).
    E-mail to: [email protected].
    In addition, a copy of the limited appearance statement should be 
sent to the Licensing Board Chairman using the same method at the 
address below:
    Mail to: Administrative Judge G. Paul Bollwerk, III, Atomic Safety 
and Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    Fax to: (301) 415-5599 (verification (301) 415-7550).
    E-mail to: [email protected].
    At a later date, the Board may entertain oral limited appearance 
statements at a location, or locations, in the vicinity of the proposed 
Vogtle ESP site. Notice of any oral limited appearance sessions will be 
published in the Federal Register and/or made available to the public 
at the NRC PDR and on the NRC Web site, http://www.nrc.gov.
    Documents relating to this proceeding are available for public 
inspection at the Commission's PDR or electronically from the publicly 
available records

[[Page 15914]]

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 1-
800-397-4209, 301-415-4737, or by e-mail to [email protected].
    It is so ordered.

    March 28, 2007.

    For The Atomic Safety and Licensing Board.*
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    \*\ Copies of this notice of hearing were sent this date by 
Internet e-mail transmission and the agency's E-Submittal system to 
counsel for (1) applicant SNC.; (2) the Joint Petitioners; and (3) 
the NRC staff.
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G. Paul Bollwerk, III,
Chairman, Rockville, Maryland.
 [FR Doc. E7-6130 Filed 4-2-07; 8:45 am]
BILLING CODE 7590-01-P