[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Pages 47826-47827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22383]



[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).

    \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).

    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, 
    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\

    \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.

G. Paul Bollwerk, III,
Chairman, Rockville, Maryland.
[FR Doc. E9-22383 Filed 9-16-09; 8:45 am]