[Federal Register Volume 73, Number 15 (Wednesday, January 23, 2008)]
[Notices]
[Page 4019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1074]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-26-ISFSI; ASLBP No. 08-860-01-ISFSI-BD01]


Pacific Gas and Electric Co. (Diablo Canyon Power Plant 
Independent Spent Fuel Storage Installation); Designation of Presiding 
Officer

    Pursuant to delegation by the Commission, see 37 FR 28,710 (Dec. 
29, 1972), and the Commission's regulations, see 10 CFR 2.313(a)(2), 
2.318, 2.1300, and 2.1319(a), notice is hereby given that a member of 
the Atomic Safety and Licensing Board Panel is being designated as 
Presiding Officer in the following proceeding in compliance with the 
Commission's directions in its Memorandum and Order dated January 15, 
2008 (CLI-08-01): Pacific Gas and Electric Co. (Diablo Canyon Power 
Plant Independent Spent Fuel Storage Installation).
    This proceeding, which will be conducted pursuant to Subpart K of 
the Commission's pre-2004 Part 2 procedural rules Regulations (CLI-08-
01, slip op. at 4), concerns a license application for an independent 
spent fuel storage installation (``ISFSI'') at the site of the Diablo 
Canyon nuclear power reactor in California. Pursuant to the Ninth 
Circuit's order in San Luis Obispo Mothers for Peace v. NRC, 449 F.3d 
1016 (9th Cir. 2006), cert. denied, 127 S. Ct. 1124 (2007), the Nuclear 
Regulatory Commission (``NRC'') has undertaken a NEPA-terrorism review 
for this licensing proceeding. The NRC Staff prepared a revised 
environmental assessment (``EA'') addressing the likelihood of a 
terrorist attack at the Diablo Canyon ISFSI site and the potential 
consequence of such an attack (CLI-08-01, slip op. at 1). The 
Commission admitted limited portions of two contentions--Contentions 
1(b) and 2--proffered by the San Luis Obispo Mothers for Peace 
challenging the Staff's EA (id., slip op. at 3, 29). The Commission set 
a tentative schedule for further consideration of Contention 1(b), for 
discovery, and for an ultimate Subpart K oral argument-type hearing on 
Contention 2 (id., slip op. at 30-31). Stating that it remains 
``committed to a prompt resolution of this proceeding,'' the Commission 
directed the designation of a Presiding Officer to ``keep discovery on 
schedule, if necessary by setting schedules, and by resolving promptly 
any discovery disputes, including privilege, materiality, and 
burdensomeness controversies'' (id., slip op. at 30, 31).
    The Presiding Officer is: Administrative Judge E. Roy Hawkens, 
Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    All correspondence, documents, and other materials that relate to 
keeping discovery on schedule shall be filed with the Presiding Officer 
in accordance with 10 CFR 2.302 (2007).

    Issued at Rockville, Maryland, this 16th day of January 2008.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety and Licensing Board Panel.
[FR Doc. E8-1074 Filed 1-22-08; 8:45 am]
BILLING CODE 7590-01-P