[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74105-74107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30115]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-008; NRC-2008-0476]


Dominion Virginia Power and Old Dominion Electric Cooperative; 
Notice of Consideration of Issuance of Amendment to Early Site Permit, 
Proposed No Significant Hazards Consideration Determination, and 
Opportunity for a Hearing

AGENCY: U.S. Nuclear Regulatory Commission (NRC).

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

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DATES: Submit comments by December 30, 2010. Requests for a hearing or 
leave to intervene must be filed by January 31, 2011.

FOR FURTHER INFORMATION CONTACT: Chandu Patel, Project Manager, US-APWR 
Projects Branch, Division of New Reactor 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-2008-0476 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 
http://www.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-2008-0476. Address 
questions about NRC dockets to Carol Gallagher at 301-492-3668 or via 
e-mail at [email protected].
    Mail comments to: Chief, Rules, Announcements and Directives 
Branch, Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, or via 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 
O-1 F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852. These documents may also be viewed electronically on 
the Public computer located at the NRC's PDR at 11555 Rockville Pike, 
Rockville, MD 20852.
    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 via e-mail to 
[email protected]. The application for amendment dated September 2, 
2010, is available electronically in ADAMS under accession number 
ML102500209.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching for Docket ID: NRC-2008-0476.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC (the Commission) is considering issuance of an amendment to 
Early Site Permit (ESP) number ESP-003, issued to Virginia Electric and 
Power Company doing business as Dominion Virginia Power, and Old 
Dominion Electric Cooperative for the North Anna site located near 
Louisa, Virginia.
    The proposed amendment would delete ESP permit condition 3.G, which 
prescribes the notification conditions associated with the 
implementation of certain activities authorized by the permit. 
Specifically, permit condition 3.G requires the permit holder to notify 
the NRC Regional Administrator for Region II and the operator of North 
Anna Power Station at least 120 days before the commencement of certain 
activities described in Appendix E of the permit, the Site Redress 
Plan. Condition 3.G also states that the permit holder will certify in 
the notification that it has obtained all other permits, licenses, and 
certifications required for those activities. The proposed amendment 
eliminates the notifications by deleting the condition in its entirety.
    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 Title 10 of the Code of Federal 
Regulations, Section 50.92, this means that performance of site 
preparation and preliminary construction activities described in site 
redress plan at the North Anna 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; (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 proposed amendment deletes ESP condition 3.G, which 
prescribes the notification conditions associated with the 
implementation of activities authorized by the permit. This change 
is administrative in nature and does not affect the fabrication, 
construction, or operation of any plant structure, system, or 
component.
    Therefore, the proposed ESP change does not involve a 
significant increase in 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 proposed amendment deletes ESP condition 3.G, which 
prescribes the

[[Page 74106]]

notification conditions associated with the implementation of 
activities authorized by the permit. This change is administrative 
in nature and does not affect the fabrication, construction, or 
operation of any plant structure, system, or component.
    Therefore, the proposed ESP change does 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 proposed amendment deletes ESP condition 3.G, which 
prescribes the notification conditions associated with the 
implementation of activities authorized by the permit. This change 
is administrative in nature and does not affect the fabrication, 
construction, or operation of any plant structure, system, or 
component.
    Therefore, the proposed ESP change does not involve a 
significant 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. You may submit comments using any of the methods 
discussed under the ADDRESSES section of this notice, which is above.
    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 2.309, which is available at the NRC's 
PDR, located at O-1 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 January 31, 2011. 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 the 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

[[Page 74107]]

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 days prior to the filing deadline, the participant should contact 
the Office of the Secretary via e-mail at [email protected], or 
via 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 Electronic Information Exchange, 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 in accordance with the 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, via e-mail at 
[email protected], or via 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 the 
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 November 30, 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 23rd day of November, 2010.
For the Nuclear Regulatory Commission.
Hossein G. Hamzehee,
Chief, US-APWR Projects Branch, Division of New Reactor Licensing, 
Office of New Reactors.
[FR Doc. 2010-30115 Filed 11-29-10; 8:45 am]
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