[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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