[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Notices]
[Pages 48694-48695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16853]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0219-LR, ASLBP No. 06-844-01-LR]
Atomic Safety and Licensing Board; In the Matter of: Amergen
Energy Company, LLC (License Renewal for Oyster Creek Nuclear
Generating Station)
August 20, 2007.
Before Administrative Judges: E. Roy Hawkens, Chairman; Dr. Paul B.
Abramson; Dr. Anthony J. Baratta
Notice of Hearing (Application for 20-year License Renewal)
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 current expiration date of April 9, 2009. In
response to the September 15, 2005 Notice of Opportunity for Hearing
(70 Fed. Reg. 54,585 (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 124 (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 ultrasonic
testing (``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; specifically,
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,
pursuant to 10 CFR Part 2, Subpart L, it will convene an evidentiary
hearing to receive testimony and exhibits concerning whether the
frequency of AmerGen's proposed UT monitoring program for the sand bed
region of the drywell shell is sufficient to maintain adequate safety
margins during the period of extended operation.
A. Date, Time, and Location of Evidentiary Hearing
The evidentiary hearing in this proceeding, which will be open to
the public,\2\ will begin on Monday, September 24, 2007 at 9 a.m., and
will continue day-to-day, ending no later than Wednesday, September 26
at 12 p.m., at the location specified below: Ocean County
Administration Building, Room 119, 101 Hooper Avenue, Toms River, NJ
08754.
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\2\ Members of the public who plan to attend the evidentiary
hearing 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, signs,
banners, posters and displays will be prohibited because they are
disruptive to the conduct of the adjudicatory process. See
Procedures for Providing Security Support for NRC Public Meetings/
Hearings, 66 Fed. Reg. 31,719 (June 12, 2001).
In the event that a party deems it necessary to discuss
protected information at the hearing, that portion of the hearing
will be closed to the public. See 10 CFR 2.390(a)(4).
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B. Submitting Written Limited Appearance Statements
Any person not a party to the proceeding, including persons who are
affiliated with or represented by a party, may submit to the Board at
any time a written limited appearance statement setting forth his or
her position on matters of concern relating to this proceeding. See 10
CFR 2.315(a). 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. Such statements
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 statement must 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].
C. 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
[[Page 48695]]
(ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (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 (800) 397-4209 or (301) 415-4737, or by e-mail to
[email protected].
D. Scheduling Information Updates
To the extent updated/revised scheduling information exists
regarding the evidentiary hearing, it can be found on the NRC Web site
at http://www.nrc.gov/public-involve/public-meetings/index.cfm or by
calling (800) 368-5642, extension 5036, or (301) 415-5036.
It is so ordered.
Dated in Rockville, Maryland, on August 20, 2007.
For the Atomic Safety and Licensing Board.\3\
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\3\ Copies of this Notice of Hearing were sent this date by
Internet e-mail to counsel for: (1) AmerGen; (2) Citizens; (3) the
NRC Staff; and (4) New Jersey.
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E. Roy Hawkens,
Chairman, Administrative Judge.
[FR Doc. E7-16853 Filed 8-23-07; 8:45 am]
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