[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50767-50769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20938]


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NUCLEAR REGULATORY COMMISSION

[NRC-2008-0441; Docket Nos. 52-025-COL and 52-026-COL]


Southern Nuclear Operating Co., et al.; Combined Licenses for 
Vogtle Electric Generating Plant, Units 3 and 4, and Limited Work 
Authorizations

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
will convene an evidentiary session to receive testimony and exhibits 
in the uncontested portion of this proceeding regarding the application 
of Southern Nuclear Operating Company for two combined licenses (COLs) 
seeking approval to construct and operate new nuclear power generation 
facilities at the Vogtle Electric Generating Plant, Units 3 & 4 (VEGP), 
as well as for two limited work authorizations (LWAs) to engage in 
selected construction activities. This mandatory hearing will concern 
safety and environmental matters relating to the proposed issuance of 
the requested COLs and LWAs.

DATES: The hearing will be held on September 27, 2011, from 9 a.m. 
(Eastern Daylight Time). For a schedule for submitting prefiled 
documents and deadlines affecting Interested Government Participants, 
see the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Rochelle C. Bavol, Office of the 
Secretary, U.S. Nuclear Regulatory

[[Page 50768]]

Commission, Washington, DC 20555-0001, telephone: 301-415-1651; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Commission hereby gives notice that, pursuant to Section 189a 
of the Atomic Energy Act, it will convene an evidentiary session to 
receive testimony and exhibits in the uncontested portion of this 
proceeding regarding the March 28, 2008, application of Southern 
Nuclear Operating Company, acting for itself and Georgia Power Company, 
Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, 
and the City of Dalton, Georgia, for two Title 10 of the Code of 
Federal Regulations (10 CFR) part 52 combined licenses (COLs), seeking 
approval to construct and operate new nuclear power generation 
facilities at the existing Vogtle Electric Generating Plant (VEGP) site 
near Waynesboro, Georgia. This mandatory hearing will also encompass 
the applicant's October 2, 2009, request for two limited work 
authorizations (LWAs) to engage in selected construction activities as 
defined in 10 CFR 50.10. This mandatory hearing will concern safety and 
environmental matters relating to the proposed issuance of the 
requested COLs and LWAs, as more fully described below. Participants in 
the hearing are not to address any contested issues in their written 
filings or oral presentations.

Matters To Be Considered

    The matter at issue in this proceeding is whether the review of the 
application by the Commission's staff has been adequate to support the 
findings found in 10 CFR 52.97 and 10 CFR 51.107(a), for each of the 
COLs to be issued, and in 10 CFR 50.10 and 10 CFR 51.107(d), with 
respect to the LWAs. Those findings are as follows:

Issues Pursuant to the Atomic Energy Act of 1954, as Amended

    With respect to each COL: (1) Whether the applicable standards and 
requirements of the Act and the Commission's regulations have been met; 
(2) whether any required notifications to other agencies or bodies have 
been duly made; (3) whether there is reasonable assurance that the 
facility will be constructed and will operate in conformity with the 
license, the provisions of the Act, and the Commission's regulations; 
(4) whether the applicant is technically and financially qualified to 
engage in the activities authorized; and (5) whether issuance of the 
license will not be inimical to the common defense and security or the 
health and safety of the public.
    With respect to the LWAs: (1) Whether the applicable standards and 
requirements of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations applicable to the activities to be conducted 
under the LWAs, have been met; (2) whether the applicant is technically 
qualified to engage in the activities authorized; (3) whether issuance 
of the LWAs will provide reasonable assurance of adequate protection to 
public health and safety and will not be inimical to the common defense 
and security; and (4) whether there are no unresolved safety issues 
relating to the activities to be conducted under the LWAs that would 
constitute good cause for withholding the authorization.

Issues Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as Amended

    With respect to each COL: (1) Determine whether the requirements of 
Sections 102(2) (A), (C), and (E) of NEPA and the applicable 
regulations in 10 CFR part 51 have been met; (2) independently consider 
the final balance among conflicting factors contained in the record of 
the proceeding with a view to determining the appropriate action to be 
taken; (3) determine, after weighing the environmental, economic, 
technical, and other benefits against environmental and other costs, 
and considering reasonable alternatives, whether the combined license 
should be issued, denied, or appropriately conditioned to protect 
environmental values; and (4) determine whether the NEPA review 
conducted by the NRC staff has been adequate.
    With respect to the LWAs: (1) Determine whether the requirements of 
Section 102(2)(A), (C), and (E) of NEPA and the regulations in Subpart 
A of 10 CFR part 51 have been met, with respect to the activities to be 
conducted under the LWAs; (2) independently consider the balance among 
conflicting factors with respect to the LWAs, which is contained in the 
record of the proceeding, with a review to determining the appropriate 
action to be taken; (3) determine whether the redress plan will 
adequately redress the activities performed under the LWAs, should 
limited work activities be terminated by the holder or the LWAs be 
revoked by the NRC, or upon effectiveness of the Commission's final 
decision denying the COL application; and (4) determine whether the 
NEPA review conducted by the NRC staff for the LWAs has been adequate.

Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 9 a.m., 
Eastern Daylight Time (EDT) on September 27, 2011, at the Commission's 
headquarters in Rockville, Maryland. The hearing on these issues will 
continue on subsequent days, if necessary.

Presiding Officer

    The Commission is the presiding officer for this proceeding.

Schedule for Submittal of Pre-Filed Documents

    No later than September 12, 2011, unless the Commission directs 
otherwise, the staff and the applicant shall submit a list of its 
anticipated witnesses for the hearing.
    No later than September 12, 2011, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The staff previously submitted its testimony on August 9, 2011.
    The Commission may issue written questions to the applicant or the 
staff before the hearing. If such questions are issued, an order 
containing such questions will be issued no later than August 30, 2011. 
Responses to such questions are due September 12, 2011, unless the 
Commission directs otherwise.

Interested Government Participants

    No later than August 26, 2011, any interested State, local 
government body, or affected, Federally-recognized Indian Tribe may 
file with the Commission a statement of any issues or questions that 
the State, local government body, or Indian Tribe wishes the Commission 
to give particular attention to as part of the uncontested hearing 
process. Such statement may be accompanied by any supporting 
documentation that the State, local government body, or Indian Tribe 
sees fit to provide. Any statements and supporting documentation (if 
any) received by the Commission using the agency's E-filing system \1\ 
by the

[[Page 50769]]

deadline indicated above will be made part of the record of the 
proceeding. The Commission will use such statements and documents as 
appropriate to inform its pre-hearing questions to the Staff and 
applicant, its inquiries at the oral hearing and its decision following 
the hearing. The Commission may also request, prior to September 13, 
2011, that one or more particular States, local government bodies, or 
Indian Tribes send one representative each to the evidentiary hearing 
to answer Commission questions and/or make a statement for the purpose 
of assisting the Commission's exploration of one or more of the issues 
raised by the State, local government body, or Indian Tribe in the pre-
hearing filings described above. The decision of whether to request the 
presence of a representative of a State, local government body, or 
Indian Tribe at the evidentiary hearing to make a statement and/or 
answer Commission questions is solely at the Commission's discretion. 
The Commission's request will specify the issue or issues that the 
representative should be prepared to address.
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    \1\ The process for accessing and using the agency's E-filing 
system is described in the September 16, 2008, notice of hearing 
that was issued by the Commission for this proceeding. See 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 Combined License for the Vogtle Electric Generating 
Plant Units 3 and 4 [73 FR 53446]. Participants who are unable to 
use the EIE, or who will have difficulty complying with EIE 
requirements in the time frame provided for submission of written 
statements, may provide their statements by electronic mail to 
[email protected].
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    States, local governments, or Indian Tribes should be aware that 
this evidentiary hearing is separate and distinct from the NRC's 
contested hearing process. Issues within the scope of contentions that 
have been admitted in a contested proceeding for a COL application are 
outside the scope of the uncontested proceeding for that COL 
application. In addition, while States, local governments, or Indian 
Tribes participating as described above may take any position they 
wish, or no position at all, with respect to issues regarding the COL 
application or the NRC Staff's associated environmental review that do 
fall within the scope of the uncontested proceeding (i.e., issues that 
are not within the scope of admitted contentions), they should be aware 
that many of the procedures and rights applicable to the NRC's 
contested hearing process due to the inherently adversarial nature of 
such proceedings are not available with respect to this uncontested 
hearing. Participation in the NRC's contested hearing process is 
governed by 10 CFR 2.309 (for persons or entities, including States, 
local governments, or Indian Tribes, seeking to file contentions of 
their own) and 10 CFR 2.315(c) (for interested States, local 
governments, and Indian Tribes seeking to participate with respect to 
contentions filed by others). Participation in this uncontested hearing 
does not affect a State's, local government's, or Indian Tribe's right 
to participate in the separate contested hearing process.

    Dated at Rockville, Maryland, this 10th day of August 2011.

    For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
[FR Doc. 2011-20938 Filed 8-12-11; 4:15 pm]
BILLING CODE 7590-01-P