[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Notices]
[Pages 31358-31359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13988]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-047; NRC-2016-0119]


Tennessee Valley Authority; Clinch River Nuclear Site

AGENCY: Nuclear Regulatory Commission.

ACTION: Early site permit application; notice of hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) will convene an 
evidentiary session to receive testimony and exhibits in the 
uncontested proceeding regarding the Tennessee Valley Authority (TVA) 
early site permit (ESP) application. In its application, TVA proposes 
to use the Clinch River Nuclear (CRN) Site in Roane County, TN, as a 
site for two or more small modular reactors (SMRs).

DATES: The hearing will be held on August 14, 2019, beginning at 9:00 
a.m. Eastern Daylight Savings 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 52-047 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 ``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 proceeding regarding TVA's May 12, 2016, ESP application 
for the CRN site under part 52 of the title 10 of the Code of Federal 
Regulations (10 CFR). TVA proposes to use the CRN site in Roane County, 
TN, as a site for two or more small modular reactors (https://www.nrc.gov/reactors/new-reactors/esp/clinch-river.html). This hearing 
will concern safety and environmental matters relating to the requested 
ESP, as more fully described below.

II. Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 9:00 a.m. 
Eastern Daylight Savings Time on August 14, 2019, at the U.S. Nuclear 
Regulatory Commission, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852.

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 52.24 and 10 CFR 51.105. Findings that must be 
made for this ESP 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 site is in 
conformity with the provisions of the Act, and the Commission's 
regulations; (4) the applicant is technically qualified to engage in 
any activities authorized; (5) issuance of the permit will not be 
inimical to the common defense and security or the health and safety of 
the public; and (6) the findings required by subpart A of 10 CFR part 
51 have been made.

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 early site permit 
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 July 26, 2019, unless the Commission directs 
otherwise, the NRC staff and the applicant shall submit a list of its 
anticipated witnesses for the hearing.
    No later than July 26, 2019, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The NRC staff submitted its testimony on June 21, 2019.
    The Commission plans to issue written questions on July 12, 2019. 
Responses to these questions are due on July 26, 2019, unless the 
Commission directs otherwise.

VI. Interested Government Participants

    No later than July 9, 2019, 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 proceeding. 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

[[Page 31359]]

agency's E-filing system \1\ 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 NRC staff and applicant, its inquiries at the oral 
hearing, and its decision following the hearing. The Commission may 
also request, by July 11, 2019, 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 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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    \1\ The process for accessing and using the agency's E-filing 
system is described in the April 4, 2017, notice of hearing that was 
issued by the Commission for this proceeding. See Tennessee Valley 
Authority; Early Site Permit Application for the Clinch River 
Nuclear Site; Notice of Hearing, Opportunity to Petition for Leave 
to Intervene and Associated Order Imposing Procedures for Access to 
Sensitive Unclassified Non-Safeguards Information and Safeguards 
Information for Contention Preparation (82 FR 16436). 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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    Dated at Rockville, Maryland, this 26th day of June, 2019.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2019-13988 Filed 6-28-19; 8:45 am]
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