[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39720-39721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14383]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-029 and 52-030; NRC-2008-0558]
Duke Energy Florida, LLC; Levy Nuclear Plant, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Combined license application; 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 Duke Energy Florida, LLC (DEF) for combined licenses (COLs) to
construct and operate two units (Units 1 and 2) in Levy County,
Florida. This mandatory hearing will concern safety and environmental
matters relating to the requested COLs.
DATES: The hearing will be held on July 28, 2016, beginning at 9:00
a.m. Eastern Daylight 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 52-029 and 52-030 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 online 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 (if it 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: Denise McGovern, Office of the
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-0681; 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 DEF's \1\ July 28,
2008, application for COLs under part 52 of title 10 of the Code of
Federal Regulations (10 CFR), to construct and operate two new units
(Units 1 and 2) in Levy County, Florida http://www.nrc.gov/reactors/new-reactors/col/levy/documents.html#application. This mandatory
hearing will concern safety and environmental matters relating to 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.
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\1\ The application was initially submitted by Progress Energy
Florida, Inc. The applicant changed its name in April 2013 following
a July 2012 corporate merger between Progress Energy, Inc. and Duke
Energy Corporation.
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II. Evidentiary Uncontested Hearing
The Commission will conduct this hearing beginning at 9:00 a.m.,
Eastern Daylight Time on July 28, 2016, at the Commission's
headquarters in Rockville, Maryland. The hearing on these issues 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 that
must be made for each COL are as follows:
Issues Pursuant to the Atomic Energy Act of 1954, as Amended
The Commission will determine whether (1) the applicable standards
and requirements of the Act and the Commission's regulations have been
met; (2) any required notifications to other agencies or bodies have
been duly made; (3) 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) the
applicant is technically and financially qualified to engage in the
activities authorized; and (5) 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
The Commission will (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 licenses
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.
[[Page 39721]]
V. Schedule for Submittal of Pre-Filed Documents
No later than July 7, 2016, unless the Commission directs
otherwise, the staff and the applicant shall submit a list of its
anticipated witnesses for the hearing.
No later than July 7, 2016, unless the Commission directs
otherwise, the applicant shall submit its pre-filed written testimony.
The staff previously submitted its testimony on June 10, 2016.
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 June 24, 2016.
Responses to such questions are due July 7, 2016, unless the Commission
directs otherwise.
VI. Interested Government Participants
No later than June 27, 2016, any interested State, local government
body, or affected, Federally-recognized Indian tribe may file with the
Commission a statement of any issues or questions to which the State,
local government body, or Indian tribe wishes the Commission to give
particular attention 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 \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, prior to July 14, 2016, 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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\2\ The process for accessing and using the agency's E-filing
system is described in the December 8, 2008, notice of hearing that
was issued by the Commission for this proceeding. See Progress
Energy Florida, Inc.; Application for the Levy County Nuclear Power
Plant Units 1 and 2; Notice of Order, Hearing, and Opportunity To
Petition for Leave To Intervene 73 FR 74532. 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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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 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 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 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
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 the right of a State, local
government, or Indian tribe to participate in the separate contested
hearing process.
Dated at Rockville, Maryland, this 13th day of June, 2016.
For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting, Secretary of the Commission.
[FR Doc. 2016-14383 Filed 6-16-16; 8:45 am]
BILLING CODE 7590-01-P