[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]
-----------------------------------------------------------------------
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.*
---------------------------------------------------------------------------
\*\ 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.
---------------------------------------------------------------------------
G. Paul Bollwerk, III,
Chairman, Rockville, Maryland.
[FR Doc. E7-6130 Filed 4-2-07; 8:45 am]
BILLING CODE 7590-01-P