[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53492-53494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21896]


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NUCLEAR REGULATORY COMMISSION

[NRC-2008-0441; Docket Nos. 52-027-COL and 52-028-COL]


South Carolina Public Service Authority (Also Referred to as 
Santee Cooper); Combined Licenses for Virgil C. Summer Nuclear Station, 
Units 2 and 3

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 South Carolina Electric & Gas Company for two combined licenses 
(COLs) seeking approval to construct and operate new nuclear power 
generation facilities at the Virgil C. Summer Nuclear Station (VCSNS). 
This mandatory hearing will concern safety and environmental matters 
relating to the proposed issuance of the requested COLs.

DATES: The hearing will be held on October 12, 2011, from 9 a.m. 
(Eastern

[[Page 53493]]

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 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 27, 2008, application of South Carolina 
Electric & Gas Company, acting for itself and as agent for the South 
Carolina Public Service Authority (also referred to as Santee Cooper), 
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 Virgil C. Summer Nuclear 
Station (VCSNS), to be located in Fairfield County, South Carolina. 
This mandatory hearing will concern safety and environmental matters 
relating to the proposed issuance of the requested COLs, 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 for each of the COLs 
to be issued. Those findings that must be made for each COL are as 
follows:

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

    (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.

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

    (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.

Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 9:00 a.m., 
Eastern Daylight Time (EDT) on October 12, 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 27, 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 27, 2011, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The staff previously submitted its testimony on August 19, 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 September 14, 
2011. Responses to such questions are due September 27, 2011, unless 
the Commission directs otherwise.

Interested Government Participants

    No later than September 12, 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 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 28, 
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 October 10, 2008, notice of hearing that 
was issued by the Commission for this proceeding. See South Carolina 
Electric & Gas Company, Acting for Itself and as Agent for the South 
Carolina Public Service Authority (Also Referred to as Santee 
Cooper) Application for the Virgil C. Summer Nuclear Station Units 2 
and 3; Notice of Order, Hearing, and Opportunity To Petition for 
Leave To Intervene [73 FR 60362]. 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

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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.
    The Commission recognizes that a request to participate under 10 
CFR 2.315(c) in proceedings regarding this COL application was 
previously dismissed on mootness grounds by an NRC Atomic Safety and 
Licensing Board. Such dismissals apply solely to the contested portion 
of the proceeding, and do not affect any rights to participate in this 
uncontested portion of the proceeding.

    Dated at Rockville, Maryland, this 22nd day of August 2011.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011-21896 Filed 8-25-11; 8:45 am]
BILLING CODE 7590-01-P