[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

[[Page 20074]]

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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