[Federal Register Volume 72, Number 247 (Thursday, December 27, 2007)]
[Notices]
[Pages 73381-73383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25105]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-012 and 52-013]
South Texas Project Nuclear Operating Company; Notice of Hearing
and Opportunity To Petition for Leave To Intervene on a Combined
License for the South Texas Project Units 3 and 4
Pursuant to the Atomic Energy Act of 1954, as amended, and the
regulations in Title 10 of the Code of Federal Regulations (10 CFR)
Part 2, ``Rules of Practice for Domestic Licensing Proceedings and
Issuance of Orders,'' 10 CFR part 50, ``Domestic Licensing of
Production and Utilization Facilities,'' and 10 CFR part 52, ``Early
Site Permits; Standard Design Certifications; and Combined Licenses for
Nuclear Power Plants,'' notice is hereby given that a hearing will be
held, at a time and place to be set in the future by the U.S. Nuclear
Regulatory Commission (NRC, the Commission) or designated by the Atomic
Safety and Licensing Board (Board). The hearing will consider the
application dated September 20, 2007, filed by South Texas Project
Nuclear Operating Company, pursuant to Subpart C of 10 CFR part 52 for
a combined license (COL). The application, which was supplemented by
letters dated September 26, 2007, October 15, 2007, October 18, 2007,
November 8, 2007, November 12, 2007, November 13, 2007, and November
21, 2007, requests approval of a COL for South Texas Project Units 3
and 4 located in Matagorda County, Texas. The application was accepted
for docketing on November 29, 2007. The
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docket numbers established for this application are 52-012 and 52-013.
The hearing will be conducted by a Board that will be designated by
the Chairman of the Atomic Safety and Licensing Board Panel or by the
Commission. Notice as to the membership of the Board will be published
in the Federal Register at a later date. The NRC staff will complete a
detailed technical review of the application and will document its
findings in a safety evaluation report (SER). The Commission will refer
a copy of the application to the Advisory Committee on Reactor
Safeguards (ACRS) in accordance with 10 CFR 52.87, ``Referral to the
Advisory Committee on Reactor Safeguards (ACRS),'' and the ACRS will
report on those portions of the application that concern safety.
Any person whose interest may be affected by this proceeding and
desire to participate as a party to this proceeding, must file a
written petition for leave to intervene in accordance with 10 CFR
2.309.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing. A request for hearing or a petition for leave to intervene
must be filed in accordance with the NRC E-Filing rule, which was
promulgated by the NRC on August 28, 2007 (72 FR 49139). The E-Filing
process requires participants to submit and serve documents over the
internet or in some cases to mail copies on electronic storage media.
Participants may not submit paper copies of their filings unless they
seek a waiver in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
[email protected], or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds a NRC-issued digital ID certificate. Each petitioner/
requestor will need to download the Workplace Forms Viewer\tm\ to
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer\tm\ is free and is available
at http://www.nrc.gov/site-help/e-submittals/install-viewer.html.
Information about applying for a digital ID certificate is available on
NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Standard Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Standard
Time, Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filing must be submitted no later
than 11:59 p.m. Eastern Standard Time on the due date.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is available to the public at
http://ehd.nrc.gov/EHD_Procedding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in the filing. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filing and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice in the Federal
Register. Non-timely filings will not be entertained absent a
determination by the Commission, or Board designated to rule on the
petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)-(viii).
A person who is not a party may be permitted to make a limited
appearance by making an oral or written statement of his position on
the issues at any session of the hearing or any pre-hearing conference
within the limits and conditions fixed by the presiding officer, but
may not otherwise participate in the proceeding.
Documents may be examined, and/or copied for a fee, at the NRC's
Public Document Room (PDR), located at One White Flint North, Public
File Area O1 F21, 11555 Rockville Pike (first floor),
[[Page 73383]]
Rockville, Maryland, and will be accessible electronically through the
Agencywide Documents Access and Management System (ADAMS) Public
Electronic Reading Room link at the NRC Web site http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who
encounter problems in accessing documents located in ADAMS should
contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or
301-415-4737, or by e-mail to [email protected]. The application is also
available at http://www.nrc.gov/reactors/new-licensing/col.html. The
ADAMS accession number for the application is ML072830407. The ADAMS
accession numbers for the supplements to the application are
ML072740461, ML072960352, ML072960489, ML073190645, ML073340618,
ML073200992, and ML073310616. Some of the supplements contain
information that is sensitive and these supplements are not available
to the public.
Dated at Rockville, Maryland, this 19th day of December 2007.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E7-25105 Filed 12-26-07; 8:45 am]
BILLING CODE 7590-01-P