[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Notices]
[Pages 20073-20075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-8549]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-3]
Progress Energy Carolinas, Inc.; Notice of Docketing, Notice of
Proposed Action, and Notice of Opportunity for a Hearing for Renewal of
Materials License SNM-2502 for the H. B. Robinson, Unit 2, Independent
Spent Fuel Storage Installation
ACTION: Notice of license renewal, and opportunity to request a
hearing.
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DATES: A request for hearing and/or petition for leave to intervene
must be filed by June 14, 2004.
FOR FURTHER INFORMATION CONTACT: Christopher M. Regan, Project Manager,
Spent Fuel Project Office, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Telephone: (301) 415-1179; fax number: (301) 415-1179; e-mail:
cmr1@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or Commission) is
considering an application dated February 27, 2004, from Progress
Energy Carolinas, Inc. (applicant or PEC) for the renewal of materials
license SNM-2502, under the provisions of 10 CFR part 72, for the
receipt, possession, storage and transfer of spent fuel, reactor-
related Greater than Class C (GTCC) waste and other radioactive
materials associated with spent fuel storage at the H. B. Robinson,
Unit 2, Independent Spent Fuel Storage Installation (ISFSI), located at
the H. B. Robinson Steam Electric Plant, Unit 2, site in Darlington
County, South Carolina. If granted, the renewed license will authorize
the applicant to continue to store spent fuel in a dry cask storage
system at the applicant's H. B. Robinson, Unit 2, ISFSI. Pursuant to
the provisions of 10 CFR part 72, the renewal term of the license for
the ISFSI would be twenty (20) years; however, the applicant has
submitted a separate exemption request with the license renewal
application, which, if granted, would allow the license to be renewed
for 40 years. This application was docketed under 10 CFR part 72; the
ISFSI Docket No. is 72-3.
An NRC administrative review, documented in a letter to PEC dated
April 7, 2004, found that the application contains sufficient
information for the NRC staff to begin its technical review. Prior to
issuance of the requested license, the Commission will have made the
findings required by the Atomic Energy Act of 1954, as amended (the
Act), and the Commission's regulations. These findings will be
documented in a Safety Evaluation Report. The issuance of the renewed
materials license will not be approved until the NRC has reviewed the
application and has concluded that renewal of the license will not be
inimical to the common defense and security and will not constitute an
unreasonable risk to the health and safety of the public. The NRC will
complete an environmental evaluation, in accordance with 10 CFR part
51, to determine if the preparation of an environmental impact
statement is warranted or if an environmental assessment and finding of
no significant impact are appropriate. This action will be the subject
of a subsequent notice in the Federal Register.
II. Opportunity To Request a Hearing
In accordance with the general requirements in subpart C of 10 CFR
part 2, ``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,''\1\ any person whose interest may be
affected by a proceeding and who desires to participate as a party must
file a written request for hearing or petition for leave to intervene
(``request for hearing'') and a specification of the contentions which
the person seeks to have litigated in the hearing.
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\1\ The references to 10 CFR part 2 in this notice refer to the
amendments to the NRC Rules of Practice, 69 FR 2182 (January 14,
2004).
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In accordance with 10 CFR 2.302(a), a request for hearing must be
filed with the Commission either by:
1. First class mail addressed to: Office of the Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff;
2. Courier, express mail, and expedited delivery services: Office
of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and
Adjudications Staff, between 7:45 a.m. and 4:15 p.m., Federal workdays;
3. E-mail addressed to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, hearingdocket@nrc.gov; or
4. By facsimile transmission addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC,
Attention: Rulemakings and Adjudications Staff, at (301) 415-1101;
verification number is (301) 415-1966.
In accordance with 10 CFR 2.302(b), all documents offered for
filing must be accompanied by proof of service on all parties to the
proceeding or their attorneys of record as required by law or by rule
or order of the Commission, including:
1. Mr. J. W. Moyer, Vice-President--HBRSEP, Unit 2, Progress Energy
Carolinas, Inc., H. B. Robinson Nuclear Plant, 3851 West Entrance Road,
Hartsville, SC 29550.
2. The NRC staff, by delivery to the Office of the General Counsel,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by
mail addressed to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington DC 20555-0001. Hearing requests
should also be transmitted to the Office of the General Counsel, either
by means of facsimile transmission to (301) 415-3725, or by e-mail to
ogcmailcenter@nrc.gov.
The formal requirements for documents are contained in 10 CFR
2.304(b), (c), (d), and (e). In accordance with 10 CFR 2.304(f), a
document filed by electronic mail or facsimile transmission need not
comply with the formal requirements of 10 CFR 2.304(b), (c), and (d),
as long as an original and two (2) copies otherwise complying with all
of the requirements of 10 CFR 2.304(b), (c), and (d) are mailed within
two (2) days thereafter to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by June 14, 2004.
In addition to meeting other applicable requirements of 10 CFR
2.309, a request for hearing must state:
1. The name, address, and telephone number of the requestor;
2. The nature of the requestor's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requestor's property, financial or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requestor's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b). Nontimely requests will not
be entertained absent a determination by the Commission, the presiding
officer or the Atomic Safety and Licensing Board designated to rule on
the request and
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contentions that the request should be granted and the contentions
should be admitted based upon a balancing of the factors specified in
10 CFR 2.309(c).
In accordance with 10 CFR 2.309(f)(1), a request for hearing must
set forth with particularity the contentions sought to be raised. For
each contention, the request must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requestor's position on the issue and on
which the requestor intends to rely at hearing, together with
references to the specific sources and documents on which the requestor
intends to rely to support its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application (including the applicant's environmental report and safety
report) that the requestor disputes and the supporting reasons for each
dispute, or, if the requestor believes the application fails to contain
information on a relevant matter as required by law, the identification
of each failure and the supporting reasons for the requestor's belief.
In addition, in accordance with 10 CFR 2.309(f)(2), contentions
must be based on documents or other information available at the time
the petition is to be filed, such as the application, supporting safety
analysis report, environmental report or other supporting document
filed by the applicant, or otherwise available to the petitioner. On
issues arising under the National Environmental Policy Act, the
requestor shall file contentions based on the applicant's environmental
report. The requestor may amend those contentions or file new
contentions if there are data or conclusions in the NRC draft, or final
environmental impact statement, environmental assessment, or any
supplements relating thereto, that differ significantly from the data
or conclusions in the applicant's documents. Contentions may be amended
or new contentions filed after the initial filing only with leave of
the presiding officer upon making the showings specified in 10 CFR
2.309(f)(2).
Each contention shall be given a separate numeric or alpha
designation within one of the following groups:
1. Technical--primarily concerns issues relating to matters
discussed or referenced in the Safety Analysis Report for the proposed
action.
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. Emergency Planning--primarily concerns issues relating to
matters discussed or referenced in the Emergency Plan as it relates to
the proposed action.
4. Physical Security--primarily concerns issues relating to matters
discussed or referenced in the Physical Security Plan as it relates to
the proposed action.
5. Miscellaneous--does not fall into one of the categories outlined
above. If the requestor believes a contention raises issues that cannot
be classified as primarily falling into one of these categories, the
requestor must set forth the contention and supporting bases, in full,
separately for each category into which the requestor asserts the
contention belongs with a separate designation for that category.
Requestors should, when possible, consult with each other in
preparing contentions and combine similar subject matter concerns into
a joint contention, for which one of the co-sponsoring requestors is
designated the lead representative. Further, in accordance with 10 CFR
2.309(f)(3), any requestor that wishes to adopt a contention proposed
by another requestor must do so in writing within ten days of the date
the contention is filed, and designate a representative who shall have
the authority to act for the requestor.
In accordance with 10 CFR 2.309(g), a request for hearing may also
address the selection of hearing procedures, taking into account the
provisions of 10 CFR 2.310. The Commission hereby provides notice that
this is a proceeding on an application for a license amendment falling
within the scope of section 134 of the Nuclear Waste Policy Act of 1982
(NWPA), 42 U.S.C. 10154. Under section 134 of NWPA, the Commission, at
the request of any party to the proceeding, shall use hybrid hearing
procedures with respect to any matter which the Commission determines
to be in controversy among the parties. The hybrid procedures in
section 134 provide for oral argument on matters in controversy,
preceded by discovery under the Commission's rules. Following oral
argument, those factual issues that involve a genuine and substantial
dispute, together with any remaining questions of law, shall be
designated for resolution in an adjudicatory hearing. Adjudicatory
hearings are to be held on only those issues found to meet the criteria
of section 134 and set for hearing after oral argument.
The Commission's rules implementing section 134 of NWPA are found
in 10 CFR part 2, subpart K, ``Hybrid Hearing Procedures for Expansion
of Spent Fuel Storage Capacity at Civilian Nuclear Power Reactors,''
(as revised at 69 FR 2182, 2266-2267; January 14, 2004). Under those
rules, any party may invoke the hybrid hearing procedures by requesting
an oral argument in a request for hearing filed in accordance with 10
CFR 2.309, or in the applicant's or the NRC staff's response to a
request for hearing. If it is determined that a hearing will be held,
the presiding officer shall grant a timely request for oral argument.
The presiding officer may grant an untimely request for oral argument
only upon a showing of good cause by the requesting party for the
failure to file on time and after providing the other parties an
opportunity to respond to the untimely request. If the presiding
officer grants a request for oral argument, any hearing held on the
application must be conducted in accordance with the hybrid hearing
procedures. If no party to the proceeding requests oral argument, or if
all untimely requests for oral argument are denied, the presiding
officer shall conduct the proceeding in accordance with the subpart
under which the proceeding was initially conducted as determined in
accordance with 10 CFR 2.310.
III. Further Information
In accordance with 10 CFR 2.390 of NRC's ``Rules of Practice,''
final NRC records and documents regarding this proposed action,
including the application for license renewal dated February 27, 2004,
and supporting documentation, are publicly available in the records
component of NRC's Agencywide Documents Access and Management System
(ADAMS). These documents may be inspected at NRC's Public Electronic
Reading Room at http://www.nrc.gov/reading-rm/adams.html under
Accession No. ML040690774. These documents may also be viewed
electronically on the public computers located at the NRC's Public
Document Room (PDR), O1F21, One White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
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reproduction contractor will copy documents for a fee. Persons who do
not 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 1-800-397-4209 or (301) 415-4737, or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland, this 7th day of April, 2004.
For the Nuclear Regulatory Commission.
Christopher M. Regan,
Project Manager, Spent Fuel Project Office, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 04-8549 Filed 4-14-04; 8:45 am]
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