[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Notices]
[Pages 33462-33465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13198]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-4]


Duke Power Company LLC d/b/a Duke Energy Carolinas, LLC; Notice 
of Docketing, Notice of Proposed Action, and Notice of Opportunity for 
a Hearing for Renewal of Special Nuclear Material License SNM-2503 for 
the Oconee Nuclear Generating Station Independent Spent Fuel Storage 
Installation

AGENCY: Nuclear Regulatory Commission.

[[Page 33463]]


ACTION: Notice of license renewal, and opportunity to request a 
hearing.

-----------------------------------------------------------------------

DATES: A request for hearing and/or petition for leave to intervene 
must be filed by August 11, 2008.

FOR FURTHER INFORMATION CONTACT: Ronald A. Burrows, Project Manager, 
Licensing Branch, Division of Spent Fuel Storage and Transportation, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 492-
3335; fax number: (301) 492-3348; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
considering an application dated January 30, 2008, from Duke Power 
Company LLC d/b/a Duke Energy Carolinas, LLC (applicant or Duke) for 
the renewal of its Special Nuclear Material License No. SNM-2503, under 
the provisions of 10 CFR part 72, for the receipt, possession, storage 
and transfer of spent fuel, reactor-related Greater than Class C (GTCC) 
waste and other radioactive materials associated with spent fuel 
storage at the Oconee Nuclear Station (ONS) Independent Spent Fuel 
Storage Installation (ISFSI), located at the ONS site in Oconee County, 
South Carolina. If granted, the renewed license will authorize the 
applicant to continue to store spent fuel in a dry cask storage system 
at the applicant's ONS ISFSI. Pursuant to the provisions of 10 CFR 
72.42, the renewal term of the license for the ISFSI would be twenty 
(20) years; however, the applicant has submitted a separate exemption 
request with the license renewal application, which, if granted, would 
allow the license to be renewed for 40 years. This application was 
docketed under 10 CFR part 72; the ISFSI Docket No. is 72-4.
    An NRC administrative review, documented in a letter to Duke dated 
April 24, 2008, found that the application contains sufficient 
information for the NRC staff to begin its technical review. The 
Commission will approve the license renewal application if it 
determines that the application meets the standards and requirements of 
the Atomic Energy Act of 1954, as amended (the Act) and the 
Commission's regulations, including the findings required by 10 CFR 
72.40. These findings will be documented in a Safety Evaluation Report. 
The NRC will complete an environmental evaluation, in accordance with 
10 CFR Part 51, to determine if the preparation of an environmental 
impact statement is warranted or if an environmental assessment and 
finding of no significant impact are appropriate. This action will be 
the subject of a subsequent notice in the Federal Register.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for the renewal of Special Nuclear Material License No. 
SNM-2503 issued to Duke for its ISFSI located at the ONS site in Oconee 
County, South Carolina. Any person whose interest may be affected by 
this proceeding, and who desires to participate as a party, must file a 
request for a hearing and a specification of the contentions which the 
person seeks to have litigated in the hearing, in accordance with the 
NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 
49139). All documents filed in NRC adjudicatory proceedings, including 
documents filed by interested governmental entities participating under 
10 CFR 2.315(c) and any motion or other document filed in the 
proceeding prior to the submission of a request for hearing or petition 
to intervene, must be filed in accordance with the E-Filing rule. The 
E-Filing rule requires participants to submit and serve all 
adjudicatory 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 
ten (10) 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 Identification (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 an 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 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 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: Rulemakings 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: Rulemakings and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the

[[Page 33464]]

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, filings must be submitted no later 
than 11:59 p.m. Eastern Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in 
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 Social 
Security numbers in their filings. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.
    The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in 
accordance with 10 CFR 2.302(g)(3), then the requirements for paper 
documents, set forth in 10 CFR 2.304(b) must be met.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by August 11, 2008.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, the general requirements involving a request for a hearing filed 
by a person other than an applicant must state:
    1. The name, address, and telephone number of the requestor;
    2. The nature of the requestor's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requestor's property, financial or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requestor's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petitions for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requestor's or petitioner's position on the 
issue and on which the requestor or petitioner intends to rely to 
support its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact. This 
information must include references to specific portions of the 
application (including the applicant's environmental report and safety 
report) that the requestor or petitioner disputes and the supporting 
reasons for each dispute or, if the requestor or petitioner believes 
the application fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the requestor's or petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the request or petition is to be filed, such as the application, 
supporting safety analysis report, environmental report or other 
supporting document filed by the applicant, or otherwise available to 
the requestor or petitioner. On issues arising under the National 
Environmental Policy Act, the requestor or petitioner shall file 
contentions based on the applicant's environmental report. The 
requestor or petitioner may amend those contentions or file new 
contentions if there are data or conclusions in the NRC draft or final 
environmental impact statement or if appropriate, the environmental 
assessment and associated draft or final finding of no significant 
impact, or any supplements relating thereto, that differ significantly 
from the data or conclusions in the applicant's documents. Otherwise, 
contentions may be amended or new contentions filed after the initial 
filing only with leave of the presiding officer.
    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns issues relating to matters 
discussed or referenced in the Safety Evaluation Report for the 
proposed action.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the proposed 
action.
    3. Emergency Planning--primarily concerns issues relating to 
matters discussed or referenced in the Emergency Plan as it relates to 
the proposed action.
    4. Physical Security--primarily concerns issues relating to matters 
discussed or referenced in the Physical Security Plan as it relates to 
the proposed action.
    5. Miscellaneous--does not fall into one of the categories outlined 
above. If the requestor or petitioner believes a contention raises 
issues that cannot be classified as primarily falling into one of these 
categories, the requestor or petitioner must set forth the contention 
and supporting bases, in full, separately for each category into which 
the requestor or petitioner asserts the contention belongs with a 
separate designation for that category.
    Requestors or petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requestors or petitioners is designated the lead representative. 
Further, in accordance with 10 CFR 2.309(f)(3), any requestor or 
petitioner that wishes to adopt a contention proposed by another 
requestor or petitioner must do so, in accordance with the E-Filing 
rule, within ten days of the date the contention is filed, and 
designate a representative who shall have the authority to act for the 
requestor or petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing or a 
petition for leave to intervene may also address the selection of 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public

[[Page 33465]]

documents. The ADAMS accession numbers for the documents related to 
this notice are: License Renewal Application dated January 30, 2008 
(ML081280084) and the acceptance review letter dated April 24, 2008 
(ML081200183). If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by e-mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 30th day of May 2008.

    For the Nuclear Regulatory Commission.
Ronald A. Burrows,
Project Manager, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E8-13198 Filed 6-11-08; 8:45 am]
BILLING CODE 7590-01-P