[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Notices]
[Pages 12760-12762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4706]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-017]


Dominion Virginia Power; Notice of Hearing and Opportunity To 
Petition for Leave To Intervene on a Combined License for North Anna 
Unit 3

    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, 
``Licenses, Certifications, and Approvals 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 November 26, 
2007, filed by Dominion Virginia Power (Dominion), pursuant to Subpart 
C of 10 CFR part 52, for a combined license (COL). The application, 
which was supplemented by letters dated January 17 and 28, 2008, 
requests approval of a COL for North Anna Unit 3 located at the North 
Anna Power Station in Louisa County,

[[Page 12761]]

Virginia. The application was accepted for docketing on January 28, 
2008. The docket number established for this application is 52-017.
    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. 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 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 
desires to participate as a party to this proceeding must file a 
written petition for leave to intervene in accordance with 10 CFR 
2.309.
    A petition 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 presiding officer designated to rule 
on the petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)-
(viii).
    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 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 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 (or its 
counsel or representative) already holds a NRC-issued digital ID 
certificate. Each petitioner 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 the NRC's public Web site at: http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a petitioner has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
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 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 petitions 
and/or requests 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, filings 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_Proceeding/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.
    Any person who files a motion pursuant to 10 CFR 2.323 must consult 
with counsel for the applicant and counsel for the NRC staff who are 
listed below. Counsel for the applicant are Lillian M. Cuoco, Esq., 
Dominion Resources Services, Inc., Telephone: (804) 819-2684, E-mail: 
[email protected], and David R. Lewis, Esq., Pillsbury Winthrop 
Shaw Pittman LLP, Telephone: (202) 663-8474, E-mail: 
[email protected]. Counsel for the NRC staff in this 
proceeding are Robert M. Weisman, Esq., Telephone:

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(301) 415-1696, E-mail: [email protected], and Renee V. Holmes, 
Esq., Telephone: (301) 415-3319, E-Mail: [email protected].
    A person who is not a party may be permitted to make a limited 
appearance by making an oral or written statement of his or her 
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), 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. The ADAMS accession number for the application is 
ML073320913. The application is also available at: http://www.nrc.gov/reactors/new-licensing/col.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].

    Dated at Rockville, Maryland, this 29th day of February 2008.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
 [FR Doc. E8-4706 Filed 3-7-08; 8:45 am]
BILLING CODE 7590-01-P