[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Pages 23306-23308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10234]



[NRC-2008-0520; Docket Nos. 52-025 and 52-026]

Southern Nuclear Operating Company, et al.: Supplementary Notice 
of Hearing and Opportunity To Petition for Leave To Intervene on a 
Combined License Application for the Vogtle Electric Generating Plant 
Units 3 and 4

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Supplementary notice of hearing and opportunity to petition for 
leave to intervene.


DATES: Petitions for leave to intervene must be filed by July 2, 2010.

I. Introduction

    This proceeding concerns the application dated March 28, 2008, 
filed by Southern Nuclear Operating Company (SNC, the Applicant), 
acting on behalf of itself and Georgia Power Company, Oglethorpe Power 
Corporation (an Electric Membership Corporation), Municipal Electric 
Authority of Georgia, and the City of Dalton, Georgia, an incorporated 
municipality in the State of Georgia acting by and through its Board of 
Water, Light and Sinking Fund Commissioners (Dalton Utilities), 
pursuant to Subpart C of 10 CFR part 52 for a combined license (COL). 
The application was accepted for docketing on May 30, 2008. The docket 
numbers established for this application are 52-025 and 52-026.
    The application requests approval of a COL for Vogtle Electric 
Generating Plant (Vogtle) Units 3 and 4, located in Burke County, 
Georgia. The Vogtle COL application incorporates by reference the 
Westinghouse AP1000 design certified in Appendix D to 10 CFR part 52, 
and the application to amend that certified design. The AP1000 
amendment application is the subject of an ongoing rulemaking under 
docket number 52-006. The Vogtle COL application also references an 
Early Site Permit (ESP) that was the subject of an adjudicatory 
proceeding under docket number 52-011. That ESP application also 
included a request for a limited work authorization (LWA) to engage in 
selected construction activities as defined by 10 CFR 50.10. The Final 
Environment Impact Statement for the ESP was published on August 22, 
2008. The ESP and accompanying LWA was issued on August 26, 2009.
    On September 16, 2008, a notice of hearing and opportunity for 
leave to intervene was published by the United States Nuclear 
Regulatory Commission (NRC, the Commission) in the Federal Register (73 
FR 53446) in this proceeding. That notice specified that a hearing to 
consider the COL application would be held at a time and place to be 
set in the future by the Commission or designated by the Atomic Safety 
and Licensing Board (Board). The notice also provided an opportunity 
for persons whose interest might be affected by the proceeding to 
petition for leave to intervene.
    On October 2, 2009, SNC submitted to the NRC a supplement to its 
COL application requesting an LWA to engage in selected construction 
activities as defined by 10 CFR 50.10. As described by SNC, these 
activities would generally involve the ``installation of reinforcing 
steel, sumps, and drain lines and other embedded items in the Nuclear 
Island (NI) foundation base slab and placement of concrete for the NI 
foundation base slab.'' SNC provided additional information in support 
of its LWA request by letters dated February 5, 2010 and March 11, 
2010. In light of the request for this additional authorization, the 
Commission herein dockets the LWA request and supplements its original 
notice of hearing of September 16, 2008, as follows:
    The NRC staff will complete a detailed technical review of the COL 
application, including the LWA supplement requesting authority to 
perform selected construction activities as defined by 10 CFR 50.10, 
and will document its findings in a safety evaluation report (SER) and 
a supplement to the Vogtle ESP environmental impact statement (EIS). In 
addition, the Commission will refer a copy of the application to the 
Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 
CFR 52.87, and the ACRS will report on those portions of the 
application that concern safety.

II. Petitions for Leave To Intervene

    Requirements for petitions for leave to intervene are found in 10 
CFR 2.309, ``Hearing requests, Petitions to Intervene, Requirements for 
Standing, and Contentions.'' Interested persons should consult 10 CFR 
part 2, section 2.309, which is available at the NRC's Public Document 
Room (PDR), located at O1 F21, One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852 (or call the PDR at (800) 397-4209 or (301) 
415-4737). NRC regulations are also accessible electronically from the 
NRC's Electronic Reading Room on the NRC Web site at http://www.nrc.gov.

[[Page 23307]]

    Any person whose interest may be affected by this proceeding and 
desires to participate as a party to this proceeding with respect to 
the LWA supplement to the COL application must file a written petition 
for leave to intervene in accordance with 10 CFR 2.309. 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 
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.
    This supplementary notice does not affect the status of any person 
previously admitted as a party to this proceeding or provide any 
additional opportunity to any person to intervene on the basis of, or 
to raise matters encompassed within, the original notice of hearing 
published in the Federal Register on September 16, 2008 (73 FR 53446).

III. Electronic Submissions (E-Filing)

    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 (72 FR 49139, 
August 28, 2007). 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 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
[email protected], or by telephone at (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 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
    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. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/ e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant 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 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 
E-Filing 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 using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/ e-submittals.html, by e-mail at 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a 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. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    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, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
Social Security numbers, home

[[Page 23308]]

addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 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.
    Petitions for leave to intervene must be filed no later than 60 
days from May 3, 2010. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
    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. Counsels for the applicant are M. Stanford Blanton, 
[email protected], (205-226-3417), or Moanica M. Caston, 
[email protected] (205-739-5738) or Kathryn M. Sutton, 202-739-
5378, [email protected]. Counsel for the NRC staff in this 
proceeding is Ann P. Hodgdon, (301) 415-1587, [email protected].
    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room (DPR), located at One White Flint North, 11555 
Rockville Pike (first floor), Rockville, Maryland and will be 
accessible from the Agencywide Documents Access and Management System 
(ADAMS) Public Electronic Reading Room on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS, or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC Public Document Room staff by 
telephone at 1-800-397-4209, (301) 415-4737 or by e-mail to 
[email protected]. The application is also available to local 
residents at the Burke County Library in Waynesboro, Georgia, and is 
available on the NRC Web page at http://www.nrc.gov/reactors/new-licensing/col/vogtle.html. The accession number for the application is 
ML081050133. The accession numbers for the October 2, 2009, supplement 
to the application are ML092960512 and ML092960549, and the accession 
numbers for the supporting information submitted February 5, 2010, and 
March 11, 2010, are ML100470600 and ML100740441.
    To search for documents in ADAMS using Vogtle Units 3 and 4 COL 
application docket numbers, 52-025 and 52-026, one should enter the 
terms ``05200025'' and ``05200026'' in the ``Docket Number'' field when 
using either the Web-based search (advanced search) engine or the ADAMS 
FIND tool in Citrix. The Vogtle ESP can be found in ADAMS using the 
accession number ML092290157 or by going to http://www.nrc.gov/reactors/new-licensing/esp/vogtle.html. To search for documents on the 
Vogtle ESP docket, one should enter ``05200011'' in the ``Docket 
Number'' field in the web-based search (advanced search) engine or the 
    The AP1000 DCD through Revision 15, which is incorporated by 
reference into Appendix D of Part 52, can be found by going to http://www.nrc.gov/reactors/new-reactors/design-cert/ap1000.html. The AP1000 
DCD Revision 17 can be found using ADAMS accession number ML083230868 
or by going to http://www.nrc.gov/reactors/new-reactors/design-cert/ap1000.html. To search for documents in ADAMS using the AP1000 DCD 
Revision 17 docket number 52-006, one should enter the term 
``05200006'' in the ADAMS ``Docket Number'' field.
    The Final Environmental Impact Statement for the Vogtle ESP can be 
found on the NRC Web site at http://www.nrc.gov/reactors/new-licensing/esp/vogtle.html, or under ADAMS accession numbers ML082240145, 
ML082240165, ML082260203, and ML082550040.

    Dated at Rockville, Maryland, this 27th day of April 2010.
    For the Nuclear Regulatory Commission,
Annette L. Vietti-Cook,
 Secretary of the Commission.
[FR Doc. 2010-10234 Filed 4-30-10; 8:45 am]