[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Notices]
[Pages 55507-55509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22175]


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NUCLEAR REGULATORY COMMISSION

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


Approval of Transfer of Early Site Permit (ESP) and Conforming 
Amendment, Virginia Electric and Power Company, North Anna ESP Site

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of request for license transfer; opportunity to comment, 
opportunity to request a hearing.

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DATES: Submit comments by October 10, 2012. A request for a hearing 
must be filed by October 1, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publically available, 
by searching on http://www.regulations.gov under Docket ID NRC-2008-
0476. You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0476. 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: Chandu P. Patel, Project Manager, 
Office of New Reactor, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 301-415-3025; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2008-0476 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document by any of the following 
methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0476.
     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 ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The application dated March 1, 2012, is available under 
ADAMS Accession No. ML12072A091.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2008-0476 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 that you do not want to be publicly disclosed in your 
comment submission. The NRC will posts all comment submissions at 
http://www.regulations.gov as well as enter the comment submissions 
into ADAMS, and the NRC does not routinely 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 that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering the issuance of an order under Sec.  52.28 of Title 10 of 
the Code of Federal Regulations (10 CFR), ``Transfer of Early Site 
Permit;'' 10 CFR 50.80, ``Transfer of Licenses;'' and 10 CFR 50.90, 
``Application for Amendment of License, Construction Permit, or Early 
Site Permit;'' approving the direct transfer of the Old Dominion 
Electric Cooperative's (ODEC) interest in the North Anna ESP [Early 
Site Permit] Site's Early Site Permit (ESP-003). The transfer would be 
to Virginia Electric and Power Company, doing business as Dominion 
Virginia Power (DVP). DVP and ODEC are currently the holders of the 
ESP-003. The Commission is also considering amending the permit for 
administrative purposes to reflect the proposed transfer.
    According to an application for approval filed by DVP and ODEC, DVP 
would become the holder of the ESP following approval of the proposed 
permit transfer and would assume all rights, duties, and obligations of 
ESP-003.
    The proposed amendment would delete references to ODEC, reflect DVP 
as the permit holder, and delete certain provisions that are no longer 
applicable because they applied only where ODEC maintained an interest 
in the ESP.
    Pursuant to 10 CFR 52.28 and 10 CFR 50.80, no ESP, or any right 
thereunder, shall be transferred, directly or indirectly, through 
transfer of control of the ESP to any person, unless the Commission 
gives its consent in writing. The Commission will approve an 
application for the direct transfer of an ESP if the Commission 
determines that

[[Page 55508]]

the proposed transferee is qualified to hold the permit and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations and orders issued by the Commission pursuant thereto.
    Before issuance of the proposed conforming permit amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315(b), ``[w]here administrative license 
amendments are necessary to reflect an approved transfer, such 
amendments will be included in the order that approves the transfer. 
Any challenge to the administrative license amendment is limited to the 
question of whether the license amendment accurately reflects the 
approved transfer.'' In light of the generic determination reflected in 
10 CFR 2.1315(b), only public comments with respect to whether the 
amendment accurately reflects the approved transfer are being 
solicited, notwithstanding the general comment procedures contained in 
10 CFR 50.91.

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. Requests and petition that are filed after the 20-day deadline 
will not be entertained absent a determination by the presiding officer 
that the filing demonstrates good cause by satisfying the following 
three factors in 10 CFR 2.309(c)(1): (i) The information upon which the 
filing is based was not previously available; (ii) the information upon 
which the filing is based is materially different from information 
previously available; and (iii) the filing has been submitted in a 
timely fashion based on the availability of the subsequent information. 
The NRC's regulations are accessible electronically from the NRC 
Library on the NRC's 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 the 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's 
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 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's 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

[[Page 55509]]

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 20852-2738, 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://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. Filings submitted 
after that date will not be entertained absent a determination by the 
presiding officer that the filing demonstrates good cause by satisfying 
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
    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.
    For further details with respect to this license transfer 
application, see the application dated March 1, 2012, available for 
public inspection at the NRC's PDR, Room O1-F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland 20852-2738. Publicly available 
documents created or received at the NRC are accessible electronically 
through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. The accession number for the application is ML12072A091. 
The application is also available at http://www.nrc.gov/reactors/new-licensing/col.html. Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents located in ADAMS should 
contact the NRC's PDR Reference staff by telephone at 1-800-397-4209, 
or 301-415-4737 or by email to [email protected].

    Dated at Rockville, Maryland, this 31st day of August 2012.

    For the Nuclear Regulatory Commission.
Amy M. Snyder,
Acting Chief, Projects Licensing Branch 2, Division of New Reactor 
Licensing, Office of New Reactors.
[FR Doc. 2012-22175 Filed 9-7-12; 8:45 am]
BILLING CODE 7590-01-P