[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29781-29783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12073]
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NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board
[Docket No. 52-033-COL; ASLBP No. 09-880-05-COL-BD01]
Before Administrative Judges: Ronald M. Spritzer, Chairman, Dr.
Anthony J. Baratta, Dr. Randall J. Charbeneau; In the Matter of Detroit
Edison Company (Fermi Nuclear Power Plant, Unit 3); Notice of Hearing
(Notice of Evidentiary Hearing and Opportunity To Provide Oral and
Written Limited Appearance Statements)
May 15, 2013.
Pursuant to 10 CFR 2.312, the Atomic Safety and Licensing Board
hereby provides notice that it will convene an evidentiary session to
receive testimony and exhibits in the contested portion of this
proceeding. In addition, the Board gives notice that, in accordance
with 10 CFR 2.315(a), it will entertain oral and written limited
appearance statements from members of the public in connection with
this proceeding.
A. Matters To Be Considered
This combined license (``COL'') contested proceeding involves the
application of DTE Electric Company (formerly the Detroit Edison
Company) (``Applicant'') under 10 CFR part 52, Subpart C, to construct
and to operate a GE-Hitachi Economic Simplified Boiling Water Reactor
(``ESBWR''), designated Unit 3, on its existing Fermi nuclear facility
site in Monroe County, Michigan.\1\
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\1\ Letter from Jack M. Davis, DTE, to NRC, Detroit Edison
Company Submittal of a Combined License Application for Fermi 3 (NRC
Project No. 757) (Sept. 18, 2008) (ADAMS Accession No. ML082730763).
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This evidentiary hearing will consider two contentions.
i. Contention 8
Contention 8, as restated by the Board, alleges that
the ER fails to adequately assess [Fermi Unit 3]'s impacts on the
eastern fox snake and to consider alternatives that would reduce or
eliminate those impacts.\2\
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\2\ See Detroit Edison Co. (Fermi Nuclear Power Plant, Unit 3),
LBP-09-16, 70 NRC 227, 286 aff'd, CLI-09-22, 70 NRC 932 (2009).
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ii. Contention 15 (Including Subparts A & B)
Contention 15, as restated by the Board, alleges that
Detroit Edison (DTE) failed to comply with Appendix B to 10
C.F.R Part 50 to
establish and implement its own quality assurance (QA) program when
it entered into a contract with Black and Veatch (B&V) for the
conduct of safety-related combined license (COL) application
activities and to retain overall control of safety-related
activities performed by B&V. This violation began in March 2007 and
continued through at least February 2008. Further, DTE failed to
complete internal audits of QA programmatic areas implemented for
the Fermi 3 COL Application, and DTE also has failed to document
trending of corrective actions to identify recurring conditions
adverse to quality since the beginning of the Fermi Unit 3 project
in March 2007.
Contention 15A:
These deficiencies adversely impact the quality of the safety
related design information in the FSAR that is based on B&V's tests,
investigations, or other safety-related activities. Because the NRC
may base its licensing decision on safety-related design information
in the FSAR only if it has reasonable assurance of the quality of
that information, it may not lawfully issue the COL until the
deficiencies have been adequately corrected by the Applicant, or
until the Applicant demonstrates that the deficiencies do not affect
the quality of safety-related design information in the FSAR.
Contention 15B:
Although DTE claims that in February 2008 it adopted a QA
program that conforms to Appendix B, DTE has failed to implement
that program in the manner required to properly oversee the safety-
related design activities of B&V. This demonstrates an ongoing lack
of commitment on the part of DTE's management to compliance with NRC
QA regulations. The NRC cannot support a finding of reasonable
assurance that the plant, as built, can and will be operated
[[Page 29782]]
without endangering the public health and safety until DTE provides
satisfactory proof of a fully-implemented QA program that will
govern the design, construction, and operation of Fermi Unit 3 in
conformity with all relevant NRC regulations.\3\
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\3\ See Detroit Edison Co. (Fermi Nuclear Power Plant, Unit 3),
LBP-10-9, 71 NRC 493, 510-11 (2010).
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B. Date, Time, and Location for Evidentiary Hearing
The evidentiary hearing will commence at 9:30 a.m., Eastern
Daylight Time (EDT) on Wednesday, October 30, 2013, and continue
through Friday, November 1, 2013, if necessary, in the Monroe County
Courthouse's Board Meeting Room, 125 East Second Street, Monroe, MI
48161.
Members of the public and representatives of the media are welcome
to attend and observe this evidentiary hearing. However, signs,
banners, posters, and displays are prohibited in accordance with NRC
policy.\4\
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\4\ See Procedures for Providing Security Support for NRC Public
Meetings/Hearings, 66 Fed. Reg. 31,719 (June 12, 2001) [hereinafter
Meeting Security Guidelines].
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All individuals attending the evidentiary hearing are advised that
security measures will be employed at the entrance to the facility. As
such, all individuals attending the evidentiary hearing should bring at
least one form of government issued photo identification, refrain from
bringing any unnecessary hand-carried items that might need to be
examined individually, and allow sufficient time for security
screening.
C. Date, Time, and Location of Oral Limited Appearance Statement
Sessions
Two oral limited appearance statement sessions regarding this
evidentiary hearing proceeding will be held Tuesday, October 29, 2013,
from 1:00 p.m. to 3:00 p.m. EDT (first limited appearance session), and
from 7:00 p.m. to 8:30 p.m. (second limited appearance session) at
Monroe County Community College, La-Z-Boy Center, Meyer Theater, 1555
S. Raisinville Road, Monroe, MI 48161.
Members of the public and representatives of the media are welcome
to attend, observe, and participate in these oral limited appearance
statement sessions, as outlined below. As required by NRC policy,
signs, banners, posters, and displays not larger than 18'' x 18'' will
be permitted at the oral limited appearance statement session, but may
not be waved or held over one's head. Any sign, banner, poster or
display affixed to a stick, or similar device, will not be permitted at
the oral limited appearance statement sessions.\5\
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\5\ See Meeting Security Guidelines.
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All individuals attending the oral limited appearance statement
sessions are advised that security measures will be employed at the
entrance to the facility. As such, all individuals attending the oral
limited appearance statement sessions should bring at least one form of
government issued photo identification, refrain from bringing any
unnecessary hand-carried items that might need to be examined
individually, and allow sufficient time for security screening.
D. Participation Guidelines for Oral Limited Appearance Statements
Any person not a party, or representative of a party, to this
evidentiary hearing will be permitted to make an oral statement in
regards to his or her position on a matter of concern relating to the
proceeding. Though these statements do not constitute testimony or
evidence, they nonetheless may aid the Board and/or the parties in
their consideration of the issues involved in this evidentiary hearing.
Oral limited appearance statements will be entertained during the
hours specified above. In the event that all scheduled and unscheduled
speakers present at the session have made a presentation, the Board
reserves the right to terminate the sessions prior to the ending time
listed above.
The time allotted for each limited appearance statement will be
five minutes, but may be further limited depending on the number of
written requests to make an oral statement that are submitted in
accordance with section E below and/or the number or persons present at
the designated time, so as to ensure that everyone will have an
opportunity to speak.
E. Submitting a Request To Make an Oral Limited Appearance Statement
Although a request to make an oral limited appearance statement may
be submitted either prior to or at the limited appearance sessions,
those who have submitted timely written requests prior to the limited
appearance sessions will be given priority over those who have not
filed such requests. To be considered timely, a written request to make
an oral statement must either be mailed, faxed, or sent by email so as
to be received by 5:00 p.m. EDT on Friday, October 18, 2013.
Written requests to make an oral statement should be submitted to:
Mail: Administrative Judge Ronald M. Spritzer, Atomic Safety and
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Fax: (301) 415-5599.
Email: [email protected] and [email protected].
F. Submitting Written Limited Appearance Statements
As provided in 10 CFR 2.315(a), any person not a party, or a
representative of a party, to the proceeding may submit a written
statement setting forth his or her position on matters of concern
relating to this proceeding. Although these statements do not
constitute testimony or evidence, they nonetheless may assist the Board
or the parties in their consideration of the issues in this proceeding.
A written limited appearance statement may be submitted at any time
and should be sent to the Office of the Secretary using one of the
methods prescribed below:
Mail: Office of the Secretary, Rulemaking and Adjudications Staff,
U.S. Nuclear Regulatory Commission, Washington, DC 20444-0001.
Fax: (301) 415-1101.
Email: [email protected].
In addition, using the same method of service, a copy of the
written limited appearance statement should be sent to the Chairman of
this Licensing Board as follows:
Mail: Administrative Judge Ronald M. Spritzer, Atomic Safety and
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission.
Fax: (301) 415-5599.
Email: [email protected].
G. Availability of Documentary Information Regarding the Proceeding
Applicant's application, and various NRC Staff documents relating
to the application, are available on the NRC Web site at http://www.nrc.gov/reactors/new-reactors/col/fermi.html. These and other
documents relating to this proceeding are available for public
inspection at the Commission's Public Document Room (PDR), located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852 or electronically from the publicly-available records
component of the NRC's document system (ADAMS). ADAMS is accessible
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the
Public Electronic Reading Room).\6\ Persons who do not
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have access to ADAMS or who encounter problems in accessing the
documents located in ADAMS should contact the NRC PDR reference staff
by telephone at (800) 397-4209 or (301) 415-4737 (available between
8:00 a.m. and 4:00 p.m. Eastern Time, Monday through Friday except
federal holidays), or by email to [email protected].
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\6\ Some documents determined by the NRC Staff to contain
``sensitive'' information are publicly available only in redacted
form; non-sensitive documents are publicly available in their
complete form. In addition, some documents that may contain
proprietary information may be publicly available only in redacted
form.
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H. Conference Call
The Board intends on holding a conference call with the parties in
early October 2013 to discuss further administrative details regarding
this evidentiary hearing.
It is so ordered.
Dated: May 15, 2013, Rockville, Maryland.
For the Atomic Safety and Licensing Board.
Ronald M. Spritzer,
Chairman, Administrative Judge.
[FR Doc. 2013-12073 Filed 5-20-13; 8:45 am]
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