[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Pages 50647-50649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19836]



[Docket No. 52-008]

Dominion Nuclear North Anna, LLC; North Anna Esp Site, Early Site 
Permit ESP-003; Notice of Consideration of Approval of Transfer of 
Early Site Permit and Conforming Amendment and Opportunity for a 

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 52.28, ``Transfer of 
Early Site Permit,'' 10 CFR 50.80, ``Transfer of Licenses,'' and 10 CFR 
50.90, ``Application for Amendment of License, Construction Permit, or 
Early Site Permit,'' approving the direct transfer of the North Anna 
ESP Site Early Site Permit (ESP-003) currently held by Dominion Nuclear 
North Anna LLC (DNNA) as permit holder of ESP-003. The transfer would 
be to Virginia Electric and Power Company, doing business as Dominion 
Virginia Power (DVP), and Old Dominion Electric Cooperative (ODEC). The 
Commission is also considering amending the permit for administrative 
purposes to reflect the proposed transfer.
    According to an application for approval filed by DNNA, DVP, and 
ODEC, DVP and ODEC would become the holders of the Early Site Permit 
following approval of the proposed permit transfer and would assume all 
rights, duties, and obligations of ESP-003.
    The proposed amendment would delete references to DNNA, reflect DVP 
and ODEC as the permit holders, and delete certain provisions that are 
no longer applicable because they applied only to DNNA.
    Pursuant to 10 CFR 52.28 and 10 CFR 50.80, no Early Site Permit, or 
any right thereunder, shall be transferred, directly or indirectly, 
through transfer of control of the ESP to any person, unless the 
Commission gives its consent in writing. The Commission will approve an 
application for the direct transfer of an Early Site Permit if the 
Commission determines that the proposed transferee is qualified to hold 
the permit and that the transfer is otherwise consistent with 
applicable provisions of law, regulations and orders issued by the 
Commission pursuant thereto.

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    Before issuance of the proposed conforming permit amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315(b), ``[w]here administrative license 
amendments are necessary to reflect an approved transfer, such 
amendments will be included in the order that approves the transfer. 
Any challenge to the administrative license amendment is limited to the 
question of whether the license amendment accurately reflects the 
approved transfer.'' In light of the generic determination reflected in 
10 CFR 2.1315(b), only public comments with respect to whether the 
amendment accurately reflects the approved transfer are being 
solicited, notwithstanding the general comment procedures contained in 
10 CFR 50.91.
    Within 20 days from the date of publication of this notice, any 
person(s) whose interest may be affected by the Commission's action on 
the application may request a hearing and intervention via electronic 
submission through the NRC E-filing system. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart C ``Rules of 
General Applicability: Hearing Requests, Petitions to Intervene, 
Availability of Documents, Selection of Specific Hearing Procedures, 
Presiding Officer Powers, and General Hearing Management for NRC 
Adjudicatory Hearings,'' of 10 CFR Part 2. In particular, such requests 
and petitions must comply with the requirements set forth in 10 CFR 
2.309. Untimely requests and petitions may be denied, as provided in 10 
CFR 2.309(c)(1), unless good cause for failure to file on time is 
established. In addition, an untimely request or petition should 
address the factors that the Commission will also consider, in 
reviewing untimely requests or petitions, set forth in 10 CFR 
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
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 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 an exemption 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 an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM 
to access the Electronic Information Exchange (EIE), a component of the 
E-Filing system. The Workplace Forms ViewerTM 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 good cause for not 
submitting documents electronically must file an exemption request, 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.
    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 personal 
privacy information, such as social security numbers, home addresses, 
or home phone 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 submissions.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal

[[Page 50649]]

Register and served on the parties to the hearing.
    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the permit transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments are not 
subject to the E-Filing rule and should be submitted to the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Rulemakings and Adjudications Staff, and should cite the 
publication date and page number of this Federal Register notice. 
Comments may also be sent by e-mail to [email protected]
    For further details with respect to this permit transfer 
application, see the application dated April 24, 2008, available for 
public inspection at the Commission's Public Document Room (PDR), 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland.
    Publicly available records will be accessible electronically from 
the Agency wide Documents Access and Management System's (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. The accession number for the 
application is ML081210412. 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 the 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 21st day of August 2008.

    For the Nuclear Regulatory Commission.
Thomas A. Kevern,
Senior Project Manager, ESBWR/ABWR Projects Branch 1, Division of New 
Reactor Licensing, Office of New Reactors.
[FR Doc. E8-19836 Filed 8-26-08; 8:45 am]