[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Notices]
[Pages 47826-47827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22383]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-025-COL and 52-026-COL; ASLBP No. 09-873-01-COL-BD01]
Atomic Safety and Licensing Board Panel; In the Matter of
Southern Nuclear Operating Co. (Vogtle Electric Generating Plant, Units
3 and 4)
Before the Licensing Board: G. Paul Bollwerk, III, Chairman,
Nicholas G. Trikouros, Dr. James F. Jackson.
September 11, 2009.
Memorandum and Order (Notice of Hearing)
This proceeding concerns the March 31, 2008 application of Southern
Nuclear Operating Company (SNC) for a 10 CFR part 52 combined license
(COL). That COL application (COLA) seeks approval for the construction
and operation of two new AP1000 nuclear reactors at the existing Vogtle
Electric Generating Plant (VEGP) site near Waynesboro, Georgia. In
response to a September 10, 2008 notice of hearing and opportunity to
petition for leave to intervene, [SNC], et al.; Notice of Hearing and
Opportunity to Petition for Leave to Intervene and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information for Contention Preparation on a
[COL] for the [VEGP] Units 3 and 4, 73 FR 53,446 (Sept. 16, 2008), on
November 17, 2008, the Center for a Sustainable Coast, Savannah
Riverkeeper, the Southern Alliance for Clean Energy, the Atlanta
Women's Action for New Directions, and the Blue Ridge Environmental
Defense League (collectively Joint Petitioners or Joint Intervenors)
filed a timely request for hearing and petition for leave to intervene
contesting the SNC COL application. On December 2, 2008, this three-
member Atomic Safety and Licensing Board was established to preside
over the contested portion of this COL proceeding.\1\ See [SNC];
Establishment of Atomic Safety and Licensing Board, 73 FR 74,532 (Dec.
8, 2008).
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\1\ In accord with section 189a(1)(a) of the Atomic Energy Act
of 1954, as amended, 42 U.S.C. Sec. 189(a)(1)(a), and the
Commission's September 10, 2009 hearing notice, see 73 FR at 53,446-
47, a mandatory hearing also is required in this proceeding under
which a presiding officer would receive evidence from the NRC staff
and SNC regarding the sufficiency of the SNC COLA, and the staff's
review of that application, with respect to safety and environmental
matters that are not the subject of this contested hearing. Under
current Commission policy, the Commission would preside over that
uncontested adjudicatory proceeding. See Southern Nuclear Operating
Co. (Early Site Permit for Vogtle ESP Site), CLI-07-24, 66 NRC 38,
38 & n.2 (2007).
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On January 28, 2009, the Board conducted a one-day initial
prehearing conference, with representatives of SNC and the NRC staff
participating from Rockville, Maryland, and Joint Petitioners taking
part via videoconference from Atlanta, Georgia, during which the Board
heard oral presentations concerning the admissibility of Joint
Petitioners three proffered contentions. The Board also requested
additional statements of position from the participants, which the
participants filed on February 24, 2009, regarding two potentially
related Commission rulings and a ruling by a different licensing board
on contentions similar to Joint Petitioners proffered issue statements.
Thereafter, in a March 5, 2009 issuance, finding that each of the Joint
Petitioners had established the requisite standing to intervene in this
proceeding and that they had submitted one admissible contention
concerning the SNC COLA, the Board admitted Joint Petitioners as
parties to this proceeding. See LBP-09-03, 69 NRC -- (Mar. 5, 2009),
referred rulings declined, CLI-09-13, 69 NRC -- (June 25, 2009), and
appeals denied, CLI-09-16, 70 NRC -- (July 31, 2009).
In light of the foregoing, please take notice that a hearing will
be conducted in this proceeding. Subject to any Board determination
regarding any request to utilize formal hearing procedures under 10 CFR
part 2, subpart G, see 10 CFR Sec. 2.310(d), the hearing on contested
matters will be governed by the informal hearing procedures set forth
in 10 CFR part 2, subparts C and L, 10 CFR Sec. Sec. 2.300-2.390,
2.1200-2.1213.
During the course of this contested proceeding, the Board may
conduct an oral argument, as provided in 10 CFR Sec. 2.331, may hold
additional prehearing conferences pursuant to 10 CFR Sec. 2.329, and
may conduct evidentiary hearings in accordance with 10 CFR Sec. Sec.
2.327-2.328, 2.1206-2.1208. The public is invited to attend any oral
argument, prehearing conference, or evidentiary hearing. Notices of
those sessions will be published in the Federal Register and/or made
available to the public at the NRC Public Document Room (PDR), located
at One White Flint North, 11555 Rockville Pike (first floor),
Rockville, Maryland, and through the NRC Web site, http://www.nrc.gov.
Additionally, as provided in 10 CFR Sec. 2.315(a), any person not
a party to the proceeding may submit a written limited appearance
statement. Limited appearance statements, which are placed in the
docket for this proceeding, provide members of the public with an
[[Page 47827]]
opportunity to make the Board and/or the participants aware of their
concerns about matters at issue in the proceeding. A written limited
appearance statement can be submitted at any time and should be sent to
the Office of the Secretary using one of the methods prescribed below:
Mail to: Office of the Secretary, Rulemakings and Adjudications
Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax to: (301) 415-1101 (verification (301) 415-1966).
E-mail to: [email protected].
In addition, a copy of the limited appearance statement should be
sent to the Licensing Board Chairman using the same method at the
address below:
Mail to: Administrative Judge G. Paul Bollwerk, III, Atomic Safety
and Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Fax to: (301) 415-5599 (verification (301) 415-7550).
E-mail to: [email protected].
Additionally, in conjunction with consideration of the then-pending
SNC application for a 10 CFR part 52 early site permit (ESP) for
proposed Units 3 and 4 on the VEGP site, on March 22 and 23, 2009, the
Board conducted oral limited appearance statement sessions in
Waynesboro, Georgia, during which members of the public provided the
Board and the parties with their views regarding the ESP and COL
proceedings. At a later date, the Board may conduct additional oral
limited appearance sessions regarding this COL proceeding at a
location, or locations, in the vicinity of the VEGP site. Notice of any
oral limited appearance sessions will be published in the Federal
Register and/or made available to the public at the NRC PDR and on the
NRC Web site, http://www.nrc.gov.
Documents relating to this proceeding are available for public
inspection at the Commission's PDR or electronically from the publicly
available records component of NRC's document system (ADAMS). ADAMS,
including its adjudicatory proceeding-related Electronic Hearing
Docket, is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). 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, 301-415-4737, or by e-mail to
[email protected].
It is so ordered.
Dated: September 11, 2009.
For the Atomic Safety and Licensing Board.\2\
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\2\ Copies of this memorandum and order were sent this date by
the agency's E-Filing system to counsel for (1) Applicant SNC; (2)
Joint Intervenors; and (3) the staff.
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G. Paul Bollwerk, III,
Chairman, Rockville, Maryland.
[FR Doc. E9-22383 Filed 9-16-09; 8:45 am]
BILLING CODE 7590-01-P