[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Notices]
[Pages 31477-31480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13327]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-011; NRC-2008-0252]


Southern Nuclear Operating Company, et al; Notice of 
Consideration of Issuance of Amendment to Early Site Permit, Proposed 
No Significant Hazards Consideration Determination, and Opportunity for 
a Hearing

AGENCY: Nuclear Regulatory Commission.

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

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DATES: Submit comments by July 6, 2010. Requests for a hearing or leave 
to intervene must be filed by August 2, 2010.

FOR FURTHER INFORMATION CONTACT: Chandu Patel, Project Manager, AP1000

[[Page 31478]]

Projects Branch 1, Division of New Reactors Licensing, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-001. 
Telephone: (301) 415-3025; fax number: (301) 415-6350; e-mail: 
[email protected].

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2008-0252 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the NRC Web site and on the Federal rulemaking Web site 
Regulations.gov. Because your comments will not be edited to remove any 
identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You may submit comments by any one of the following methods.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2008-0252. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
[email protected].
    Mail comments to: Chief, Rulemaking, Announcements and Directives 
Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by fax to 
RADB at (301) 492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Room O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected]. The application dated May 24, 2010, is available 
electronically in ADAMS under Docket Number 052-00011.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2008-0252.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Early Site Permit (ESP) No. 
ESP-004, issued to Southern Nuclear Operating Company (SNC), and the 
co-owners of the Vogtle Electric Generating Plant (VEGP) site (Georgia 
Power Company, Ogtlethorpe Power Corporation, Municipal Electric 
Authority of Georgia, and the City of Dalton, GA) for the VEGP ESP site 
located in Burke County, Georgia.
    The proposed amendment would change the VEGP ESP site safety 
analysis report (SSAR) to allow the use of engineered granular backfill 
(EGB) in place of Category 1 and 2 backfill over the slopes of the Unit 
3 and 4 excavations at the VEGP site. In accordance with Title 10 of 
the Code of Federal Regulations (10 CFR) Section 52.39(e), changes to 
the ESP SSAR require prior Commission approval through an amendment to 
the ESP.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that performance 
of limited work authorization (LWA) construction activities at the VEGP 
ESP site in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the applicant has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The technical evaluation provided in the new SSAR section 
2.5.2.9.4, ``Study of Engineered Granular Backfill Placed over the 
Slopes of the Excavation,'' demonstrates that the results and 
conclusions in the Vogtle Electric Generating Plant (VEGP) ESP SSAR 
2.5.2.9.2, ``Study of the Effects of Backfill Geometry,'' remain 
valid; backfill material placed over the slopes of the excavation 
does not affect the VEGP site response analysis used to define the 
VEGP Ground Motion Response Spectra (GMRS) and Foundation Input 
Response Spectra (FIRS) or the VEGP SASSI [soil structure 
interaction] SSI seismic analyses of the Nuclear Island (NI). 
Reclassifying backfill over the slopes of the excavation does not 
invalidate the VEGP site-specific seismic analyses. The placement of 
EGB is outside the zone of influence. Use of EGB will have no effect 
on reported foundation bearing capacities, estimated total or 
differential settlements, or liquefaction potential. Because the 
hydraulic conductivity of EGB material is conservative relative to 
the values used in the hydrological analysis, the hydrological 
analysis will be unaffected. As such, the use of EGB material over 
the slopes of the excavation does not affect the accidental 
radiation release to groundwater evaluated in the SSAR. Therefore, 
the proposed SSAR change does not significantly increase the 
probability or consequences of an accident previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The sensitivity analyses described in this amendment provide a 
basis for concluding that the ESP SSAR seismic analyses are not 
sensitive to the properties of the material over the slopes of the 
excavation. Also, the material over the side slopes of the 
excavation is outside the static zone of influence of the AP1000 
power block structures, and thus cannot impact the safety 
performance of any safety related structure. Consequently, no new 
accident scenarios, failure mechanisms or limiting single failures 
are introduced as a result of the proposed changes. The changes have 
no adverse effects on any safety-related system and do not challenge 
the performance or integrity of any safety-related system. 
Therefore, all accident analyses criteria continue to be met and 
these changes do not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The technical evaluation provided in the new SSAR section 
2.5.2.9.4, ``Study of Engineered Granular Backfill Placed over the 
Slopes of the Excavation,'' demonstrates that the results and 
conclusions in the VEGP ESP SSAR 2.5.2.9.2, ``Study of the Effects 
of Backfill Geometry,'' remain valid, backfill material placed over 
the slopes of the excavation does not affect the VEGP site

[[Page 31479]]

response analysis used to define the VEGP GMRS and FIRS or the VEGP 
SASSI SSI seismic analyses of the Nuclear Island (NI). Reclassifying 
backfill over the slopes of the excavation does not invalidate the 
VEGP site-specific seismic analyses. In addition, the design 
function of Category 1 and 2 backfill related to bearing capacity, 
settlement, and liquefaction is unaffected. The evaluations and 
analysis results demonstrate applicable acceptance criteria are met. 
Therefore, the proposed changes do not involve a reduction in a 
margin of safety.

    The NRC staff has reviewed the applicant's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Before issuing the amendment, regardless of whether a hearing is 
requested, the Commission will make a final determination on the issue 
of no significant hazards consideration. The final determination will 
serve to decide when the hearing is held, if one is requested. If the 
final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.

II. Opportunity To Request a Hearing

    Requirements for hearing requests and 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.

III. Petitions for Leave To Intervene

    Within 60 days of this notice, any person whose interest may be 
affected by this amendment and who wishes to participate as a party in 
the proceeding must file a written petition for leave to intervene. As 
required by 10 CFR 2.309, a petition for leave to intervene shall set 
forth with particularity the interest of the petitioner in the 
proceeding and how that interest may be affected by the results of the 
proceeding. The petition must provide the name, address, and telephone 
number of the petitioner and specifically explain the reasons why 
intervention should be permitted with particular reference to the 
following factors: (1) The nature of the petitioner's right under the 
Act to be made a party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order that may be 
entered in the proceeding on the petitioner's interest.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the petitioner must provide a specific 
statement of the issue of law or fact to be raised or controverted, as 
well as a brief explanation of the basis for the contention. 
Additionally, the petitioner must demonstrate that the issue raised by 
each contention is within the scope of the proceeding and is material 
to the findings the NRC must make to support the granting of a license 
amendment in response to the application. The petition must also 
include a concise statement of the alleged facts or expert opinions 
which support the position of the petitioner and on which the 
petitioner intends to rely at hearing, together with references to the 
specific sources and documents on which the petitioner intends to rely. 
Finally, the petition must provide sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact, including references to specific portions of the application 
for amendment that the petitioner disputes and the supporting reasons 
for each dispute, or, if the petitioner believes that the application 
for amendment fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the petitioner's belief.
    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. The Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Non-timely petitions for leave to intervene and contentions, 
amended petitions, and supplemental petitions will not be entertained 
absent a determination by the Commission, the Licensing Board or a 
Presiding Officer that the petition should be granted and/or the 
contentions should be admitted based upon a balancing of the factors 
specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A State, county, municipality, Federally-recognized Indian Tribe, 
or agencies thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(d)(2). The petition should be 
submitted to the Commission by August 2, 2010. The petition must be 
filed in accordance with the filing instructions in section IV of this 
document, and should meet the requirements for petitions for leave to 
intervene set forth in this section, except that State and Federally-
recognized Indian tribes do not need to address the standing 
requirements in 10 CFR 2.309(d)(1) if the facility is located within 
its boundaries. The entities listed above could also seek to 
participate in a hearing as a nonparty pursuant to 10 CFR 2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Licensing Board.

IV. 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.

[[Page 31480]]

    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 
docket.
    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 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 submission.
    Petitions for leave to intervene must be filed no later than 60 
days from June 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)-
(viii).

    Dated at Rockville, Maryland this 27th day of May 2010.

    For The Nuclear Regulatory Commission.
Jeffrey Cruz,
Chief, AP 1000 Projects Branch 1, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2010-13327 Filed 6-2-10; 8:45 am]
BILLING CODE 7590-01-P