[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11596-11598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4559]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-423; NRC-2012-0044]
Central Vermont Public Service Corporation, Millstone Power
Station, Unit 3; Notice of Consideration of Approval of Application
Regarding Proposed Acquisition and Opportunity for a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of request for license transfer, opportunity to comment,
opportunity to request a hearing.
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DATES: Comments must be filed by March 28, 2012. A request for a
hearing must be filed by March 19, 2012.
ADDRESSES: You may access information and comment submissions related
to this document by searching on http://www.regulations.gov under
Docket ID NRC-2012-0044. You may submit comments by the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0044. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Carleen J. Sanders, Project Manager,
Plant Licensing Branch I-2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. Telephone: 301-415-1603; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0044 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document by the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0044.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The application dated
September 9, 2011, as supplemented by letter dated November 4, 2011, is
available electronically under ADAMS Accession Nos. ML11256A051 and
ML11311A148, respectively.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
[[Page 11597]]
B. Submitting Comments
Please include Docket ID NRC-2012-0044 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS, and the NRC does not edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information in their comment submissions
that they do not want to be publicly disclosed. Your request should
state that the NRC will not edit comment submissions to remove such
information before making the comment submissions available to the
public or entering the comment submissions into ADAMS.
II. Background
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering the issuance of an order under 10 CFR 50.80 approving the
indirect transfer of the Renewed Facility Operating License (No. NPF-
49) for the Millstone Power Station, Unit 3 (MPS3) to the extent held
by Central Vermont Public Service Corporation (CVPS). CVPS is a 1.7303%
minority co-owner of MPS3. The remaining co-owners are Massachusetts
Municipal Wholesale Electric Company (4.7990%) and Dominion Nuclear
Connecticut, Inc. (93.4707%). Dominion Nuclear Inc. is the licensed
operator. According to an application for approval filed by CVPS in
connection with the acquisition of CVPS by Gaz M[eacute]tro Limited
Partnership, CVPS will become an indirect wholly owned subsidiary of
Gaz M[eacute]tro Limited Partnership. CVPS will continue to be a
minority co-owner and licensee of the facility. This application does
not affect Massachusetts Municipal Wholesale Electric Company's
ownership or Dominion Nuclear Connecticut, Inc.'s ownership and
operation of the facility.
No physical changes to the MPS3 facility or operational changes are
being proposed in the application.
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
acquisition will not affect the qualifications of the licensee to hold
the license, and that the transfer is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission pursuant thereto.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
III. Opportunity To Request a Hearing
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission through the NRC E-filing system. Requests for a hearing and
petitions for leave to intervene should be filed in accordance with the
Commission's rules of practice set forth in Subpart C, ``Rules of
General Applicability: Hearing Requests, Petitions to Intervene,
Availability of Documents, Selection of Specific Hearing Procedures,
Presiding Officer Powers, and General Hearing Management for NRC
Adjudicatory Hearings,'' of 10 CFR Part 2. In particular, such requests
and petitions must comply with the requirements set forth in 10 CFR
2.309. Untimely requests and petitions may be denied, as provided in 10
CFR 2.309(c)(1), unless good cause for failure to file on time is
established. In addition, an untimely request or petition should
address the factors that the Commission will also consider, in
reviewing untimely requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)-(viii). NRC regulations are accessible electronically
from the NRC Library on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
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.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at (301) 415-1677, to request (1) a digital identification
(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 the 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 the Electronic Information Exchange System,
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
[[Page 11598]]
for leave to intervene. Submissions should be in Portable Document
Format (PDF) in accordance with the NRC guidance available on the NRC's
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 email
notice confirming receipt of the document. The E-Filing system also
distributes an email notice that provides access to the document to the
NRC's 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 email at
[email protected], or by a toll-free call at 1-(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://ehd1.nrc.gov/ehd/, 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 20
days from the date of publication of this notice. 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).
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
Dated at Rockville, Maryland this 15th day of February 2012.
For the Nuclear Regulatory Commission.
Carleen J. Sanders,
Project Manager, Plant Licensing Branch I-2, Division of Operating
Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-4559 Filed 2-24-12; 8:45 am]
BILLING CODE 7590-01-P