[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Notices]
[Pages 21055-21057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8096]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0219-LR; ASLBP No. 06-844-01-LR]
Atomic Safety and Licensing Board Before Administrative Judges:
E. Roy Hawkens, Chairman, Dr. Paul B. Abramson, Dr. Anthony J. Baratta;
In the Matter of Amergen Energy Company, LLC (License Renewal for
Oyster Creek Nuclear Generating Station); Notice
April 23, 2007.
(Notice of Opportunity to Make Oral or Written Limited Appearance
Statements).
This proceeding concerns the July 22, 2005 application by AmerGen
Energy Company, LLC (``AmerGen'') to renew its operating license for
the Oyster Creek Nuclear Generating Station (``Oyster Creek'') for
twenty years beyond the
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current expiration date of April 9, 2009. In response to the September
15, 2005 Notice of Opportunity for Hearing (70 FR 54585 (Sept. 15,
2005)), two Requests for Hearing and Petitions to Intervene were filed
on November 14, 2005. One Petition was filed by the New Jersey
Department of Environmental Protection [hereinafter referred to as New
Jersey], and the other Petition was filed by the Nuclear Information
and Resource Service, Jersey Shore Nuclear Watch, Inc., Grandmothers,
Mothers and More for Energy Safety, New Jersey Public Interest Research
Group, New Jersey Sierra Club, and New Jersey Environmental Federation
[hereinafter referred to collectively as Citizens]. On December 9,
2005, this Atomic Safety and Licensing Board was established to preside
over the proceeding.
On February 27, 2006, this Board issued a Memorandum and Order in
which we (LBP-06-07, 63 NRC 188 (2006)): (1) Denied New Jersey's
Request for Hearing and Petition to Intervene;\1\ and (2) granted
Citizens' Request for Hearing and Petition to Intervene. We concluded
that Citizens' contention was admissible to the extent it challenged
AmerGen's aging management program for measuring corrosion in the sand
bed region of the drywell liner (id. at 217).
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\1\ Although New Jersey established standing, the Board
concluded that it failed to proffer an admissible contention. The
Nuclear Regulatory Commission sustained the Board's ruling. CLI-07-
08, 65 NRC -- (slip op.) (Feb. 26, 2007); CLI-06-24, 64 NRC 111
(2006).
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Subsequently, on June 6, 2006, this Board issued a Memorandum and
Order in which we concluded that Citizens' contention, as admitted by
the Board, was a contention of omission that had been cured as a result
of newly docketed commitments by AmerGen to perform periodic UT
measurements in the sand bed region of the drywell liner throughout the
period of extended operation (LBP-06-16, 63 NRC 737 (2006)). Instead of
dismissing the proceeding, the Board gave Citizens the opportunity to
file a new contention raising one or more specific substantive
challenges to AmerGen's new periodic UT program for the sand bed region
(id. at 744). On June 23, Citizens submitted a Petition to file new
contentions, and on October 10, this Board admitted one of the newly
proffered contentions; namely, Citizens' assertion that AmerGen's
scheduled UT monitoring frequency in the sand bed region of the drywell
shell during the renewal period is insufficient to maintain an adequate
safety margin (LBP-06-22, 64 NRC 229, 240-44 (2006)).
This Atomic Safety and Licensing Board hereby gives notice that, in
accordance with 10 CFR 2.315(a), the Board will entertain oral limited
appearance statements from members of the public in connection with
this proceeding at the date, time, and location specified below:
A. Date, Time, and Location of Oral Limited Appearance Statement
Sessions
The sessions will be held on the following date at the specified
location and time:
Date: Thursday, May 31, 2007.
Times: Session I: 2 p.m. EDT until 4 p.m. EDT Session II: 7 p.m.
EDT until 9 p.m. EDT
Location: Ocean County Administration Building, Room 119, 101
Hooper Avenue, Toms River, NJ 08754.
B. Participation Guidelines for Oral Limited Appearance Statements
Any person not a party, or the representative of a party, to the
proceeding will be permitted to make an oral statement setting forth
his or her position on matters of concern relating to this proceeding.
Although these statements do not constitute testimony or evidence in
the proceeding, they nonetheless may assist the Board and/or the
parties in their consideration of the issues. In particular, these
statements may serve to alert the Board and the parties to areas in
which evidence may need to be adduced.
Oral limited appearance statements will be entertained during the
hours specified above, or such lesser time as might be necessary to
accommodate the speakers who are present.\2\ In this regard, if all
scheduled and unscheduled speakers present at the session have made a
presentation, the Licensing Board reserves the right to terminate the
session before the ending time listed above. In order to allow all
interested persons an opportunity to address the Board, the time
allotted for each statement normally will be no more than five (5)
minutes, but 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.
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\2\ Members of the public who plan to attend the limited
appearance sessions are advised that security measures may be
employed at the entrance to the facility, including searches of
hand-carried items such as briefcases, backpacks, packages, etc. In
addition, although signs no larger than 18'' by 18'' will be
permitted, they may not be waved, attached to sticks, held up, or
moved about in the room. See Procedures for Providing Security
Support for NRC Public Meetings/Hearings, 66 Fed. Reg. 31,719 (June
12, 2001).
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C. Submitting a Request To Make an Oral Limited Appearance Statement
Persons wishing to make an oral statement who have submitted a
timely written request and who are present when their names are called
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
be mailed, faxed, or sent by e-mail so as to be received by 5 p.m. EDT
on Friday, May 25, 2007. The request must specify the requestor's name,
and session (Session I or II) during which the requestor wishes to make
an oral statement. 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 E. Roy Hawkens, c/o: Debra Wolf, Esq.,
Law Clerk, 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].
D. Submitted Written Limited Appearance Statements
A written limited appearance statement may be submitted to the
Board regarding this proceeding at any time, either in lieu of or in
addition to any oral statement. Such statements should be sent to the
Office of the Secretary using the methods prescribed above, with a copy
to the Licensing Board Chairman.
E. 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 www.nrc.gov/reading-rm/adams.html (Electronic
Reading Room). Persons who do not
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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].
F. Scheduling Information Updates
To the extent updated/revised scheduling information exists
regarding the limited appearance session, it can be found on the NRC
Web site at 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
to counsel for: (1) Citizens; (2) AmerGen; (3) the NRC Staff; and
(4) New Jersey.
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Dated: Issued in Rockville, Maryland, April 23, 2007.
E. Roy Hawkens, Chairman,
Administrative Judge.
[FR Doc. E7-8096 Filed 4-26-07; 8:45 am]
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