[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72215-72217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28610]


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NUCLEAR REGULATORY COMMISSION

[Docket No. M-52-033-COL; NRC-2008-0566]


In the Matter of DTE Electric Company, Combined License for 
Enrico Fermi Unit 3; Notice of Hearing

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 DTE Electric Company for a combined license (COL) to construct and 
operate a new nuclear power generation facility at the Enrico Fermi 
Nuclear Plant Unit 3 (Fermi 3). This mandatory hearing will concern 
safety and environmental matters relating to the requested COL.

DATES: The hearing will be held on February 4, 2015, beginning at 8:30 
a.m. Eastern Time. For the schedule for submitting pre-filed documents 
and deadlines affecting Interested Government Participants, see Section 
VI of the SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: Please refer to Docket ID M-52-033-COL when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     NRC's Electronic Hearing Docket: You may obtain publicly 
available documents related to this hearing on line at http://www.nrc.gov/about-nrc/regulatory/adjudicatory.html.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection 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 document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     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.

FOR FURTHER INFORMATION CONTACT: Glenn Ellmers, Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-0442; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission hereby gives notice that, pursuant to Section 189a 
of the Atomic Energy Act of 1954, as amended (the Act), it will convene 
an evidentiary session to receive testimony and exhibits in the 
uncontested portion of this proceeding regarding DTE Electric Company's 
September 18, 2008, application for a COL under part 52 of Title 10 of 
the Code of Federal Regulations (10 CFR) to construct and operate a new 
nuclear power generation facility at the Enrico Fermi Nuclear Plant 
Unit 3 site in Monroe County, Michigan (ADAMS Accession No. 
ML082630034). This mandatory hearing will concern safety and 
environmental matters relating to the requested COL, as more fully 
described below. Participants in the hearing are not to address any 
contested issues in their written filings or oral presentations.

II. Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 8:30 a.m., 
Eastern Time on February 4, 2015, at the Commission's headquarters in 
Rockville, Maryland. The hearing will continue on subsequent days, if 
necessary.

III. Presiding Officer

    The Commission is the presiding officer for this proceeding.

IV. 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. Those findings are as 
follows:

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

    With respect to the 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.

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

    With respect to the 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.

V. Schedule for Submittal of Pre-Filed Documents

    No later than January 14, 2015, unless the Commission directs 
otherwise, the staff and the applicant shall submit a list of its 
anticipated witnesses for the hearing.
    No later than January 14, 2015, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The staff submitted its testimony on November 20, 2014.
    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 December 30, 
2014. Responses to such questions are due January 14, 2015, unless the 
Commission directs otherwise.

VI. Interested Government Participants

    No later than December 19, 2014, any interested U.S. State, local 
government body, federally-recognized Indian tribe, Canadian Province, 
local government body, or First Nation \1\ may file with the Commission 
a statement of any issues or questions that the U.S. State, local 
government body, Indian tribe, Canadian Province, local government 
body, or First Nation 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 U.S. State, 
local government body, Indian tribe, Canadian Province, local 
government body, or First Nation sees fit to provide. Any statements 
and supporting documentation (if any) received by the Commission using 
the agency's E-filing

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system \2\ 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, on or 
about January 7, 2015, that one or more particular U.S. States, local 
government bodies, Indian tribes, Canadian Provinces, local government 
bodies, or First Nations 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 U.S. State, local government 
body, Indian tribe, Canadian Province, local government body, or First 
Nation in the pre-hearing filings described above. The decision whether 
to request the presence of a representative of a U.S. State, local 
government body, Indian tribe, Canadian Province, local government 
body, or First Nation 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 each representative should be prepared to address.
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    \1\ Due to the proximity of the Fermi 3 site to the Canadian 
border, the Commission is expanding the list of interested 
government participants to include Canadian Provinces, local 
governments, and First Nations in this proceeding.
    \2\ The process for accessing and using the agency's E-filing 
system is described in the March 17, 2009, notice of hearing that 
was issued by the Commission for this proceeding. See Notice of 
Hearing 74 FR 836. Participants who are unable to use the electronic 
information exchange (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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    U.S. States, local governments, Indian tribes, Canadian Provinces, 
local governments, and First Nations 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 or contested issues pending before the Atomic Safety and 
Licensing Board or the Commission in a contested proceeding for a COL 
application are outside the scope of the uncontested proceeding for 
that COL application. In addition, although U.S. States, local 
governments, Indian tribes, Canadian Provinces, local governments, or 
First Nations 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 or pending 
contested issues), 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 in 
the uncontested hearing. Participation in the NRC's contested hearing 
process is governed by 10 CFR 2.309 (for persons or entities, including 
U.S. States, local governments, Indian tribes, Canadian Provinces, 
local governments, or First Nations, seeking to file contentions of 
their own) and 10 CFR 2.315(c) (for interested U.S. States, local 
governments, Indian tribes, Canadian Provinces, local governments, or 
First Nations seeking to participate with respect to contentions filed 
by others). Participation in this uncontested hearing does not affect a 
U.S. State's, local government's, Indian tribe's, Canadian Province's, 
local government's, or First Nation's right to participate in the 
separate contested hearing process.

    Dated at Rockville, Maryland, this 1st day of December, 2014.
    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2014-28610 Filed 12-5-14; 8:45 am]
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