[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Pages 54158-54159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20198]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-007-ESP and ASLBP No. 04-821-01-ESP]


Atomic Safety and Licensing Board; In the Matter of Exelon 
Generation Company, LLC (Early Site Permit for Clinton ESP Site); 
Notice of Hearing (Application for Early Site Permit)

August 31, 2004.
    Before Administrative Judges:
    Dr. Paul B. Abramson, Chairman
    Dr. Anthony J. Baratta
    Dr. David L. Hetrick

    This proceeding concerns the September 25, 2003 application of 
Exelon Generation Company, LLC (EGC) for a 10 CFR Part 52 early site 
permit (ESP). The ESP application seeks approval of the site of the 
existing Clinton nuclear power facility in DeWitt County, Illinois, for 
the possible construction of one or more new nuclear reactors. In 
response to a December 8, 2003 notice of hearing and opportunity to 
petition for leave to intervene regarding the EGC ESP application (68 
FR 69,426 (Dec. 12, 2003)), on January 12, 2004, the Environmental Law 
and Policy Center, the Nuclear Energy Information Service, the Blue 
Ridge Environmental Defense League, the Nuclear Information and 
Resource Service, and Public Citizen (collectively Clinton Intervenors) 
filed a request for hearing and petition to intervene contesting the 
EGC ESP application. Their petition was referred by the Commission to 
the Atomic Safety and Licensing Board Panel to conduct any subsequent 
adjudication. (See CLI-04-08, 59 NRC 113, 118-19 (2004).) On March 22, 
2004, a three-member Atomic Safety and Licensing Board was

[[Page 54159]]

established to adjudicate this ESP proceeding. (See 69 FR 15,910 (Mar. 
26, 2004).)
    On June 21-22, 2004, the Board conducted a two-day initial 
prehearing conference at the NRC's Rockville, Maryland headquarters 
facility during which it heard oral presentations regarding the 
standing of the ESP petitioners and the admissibility of their six 
proffered contentions. Thereafter, in an August 6, 2004 issuance the 
Board noted that the petitioners have established the requisite 
standing to intervene in this proceeding and ruled that they have 
submitted one admissible contention concerning the EGC ESP application 
so that they can be admitted as parties to this proceeding. (Exelon 
Generation Company, LLC (Early Site Permit for Clinton ESP Site), LBP-
04-17, 60 NRC--(Aug. 6, 2004).)
    1. Hearing(s) Will Be Conducted. In light of the foregoing, please 
take notice that a hearing will be conducted in this contested 
proceeding. This hearing will be governed by the hearing procedures set 
forth in 10 CFR Part 2, Subparts C and L (10 CFR 2.300-.390, 
2.1200-.1213).
    2. Matters To Be Considered. In its August 6, 2004 Order (referred 
to above), the Board set forth the specific admitted contention which 
will be litigated in this contested hearing. In addition, as was 
indicated in the December 2003 notice regarding the EGC ESP application 
(68 FR at 69,426) and the applicable regulations in 10 CFR 52.21, the 
Licensing Board is to: (a) Consider whether issuance of an ESP will be 
inimical to the common defense and security or to the health and safety 
of the public (Safety Issue 1); (b) determine whether, taking into 
consideration the site criteria contained in 10 CFR Part 100, a reactor 
or reactors having characteristics that fall within the parameters for 
the site, can be constructed and operated without undue risk to the 
public health and safety (Safety Issue 2); and (c) consider whether in 
accordance with the requirements of 10 CFR Part 51, Subpart A, the ESP 
should be issued as proposed. Additionally, in accord with the December 
2003 notice, the Board is to: (d) Determine whether the requirements of 
sections 102(2)(A), (C), and (E) of the National Environmental Policy 
Act of 1969 and 10 CFR Part 51, Subpart A, have been complied with in 
the proceeding; (e) independently consider the final balance among 
conflicting factors contained in the record of proceeding with a view 
to determining the appropriate action to be taken; and (f) determine, 
after considering reasonable alternatives, whether a license should be 
issued, denied, or appropriately conditioned to protect environmental 
values.
    3. Hearing Procedures; Public Attendance. During the course of the 
proceeding, the Board may conduct an oral argument, as provided in 10 
CFR 2.331, may hold additional prehearing conferences pursuant to 10 
CFR 2.329, and may conduct evidentiary hearings in accordance with 10 
CFR 2.327-.328, 2.1206-.1208. The public is invited to attend any oral 
argument, prehearing conference, or evidentiary hearing. Notices of 
those sessions will be published in the Federal Register and/or made 
available to the public at the NRC Public Document Room (PDR), located 
at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland, and through the NRC Web site, www.nrc.gov.
    4. Limited Appearances. As provided in 10 CFR 2.315(a), any person 
not a party to the proceeding may submit a written limited appearance 
statement. Limited appearance statements, which are placed in the 
docket for the hearing, provide members of the public with an 
opportunity to make the Board and/or the participants aware of their 
concerns about matters at issue in the proceeding. A written limited 
appearance statement can be submitted at any time and should be sent to 
the Office of the Secretary using one of the methods prescribed below:
    Mail to: Office of the Secretary, Rulemakings and Adjudications 
Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax to: (301) 415-1101 (verification (301) 415-1966).
    E-mail to: [email protected].
    In addition, a copy of the limited appearance statement should be 
sent to the Licensing Board Chairman using the same method at the 
address below:
    Mail to: Administrative Judge Paul B. Abramson, Atomic Safety and 
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    Fax to: (301) 415-5599 (verification (301) 415-7550).
    E-mail to: [email protected].
    At a later date, the Board may entertain oral limited appearance 
statements at a location or locations in the vicinity of the proposed 
EGC ESP. Notice of any oral limited appearance sessions will be 
published in the Federal Register and/or made available to the public 
at the NRC PDR and on the NRC Web site, www.nrc.gov.
    5. Document Availability. Documents relating to this proceeding are 
available for public inspection at the Commission's PDR or 
electronically from the publicly available records component of NRC's 
document system (ADAMS). ADAMS is accessible from the NRC Web site at 
www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). 
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, 301-415-4737, or by e-
mail to [email protected].
    It is so ordered.

    Dated: August 31, 2004 in Rockville, Maryland.

    For the Atomic Safety and Licensing Board.\*\

Paul B. Abramson,
Administrative Judge.
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    \*\ Copies of this notice of hearing were sent this date by 
Internet e-mail transmission to counsel for (1) applicant EGC; (2) 
the Clinton Intervenors; and (3) the NRC staff.
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[FR Doc. 04-20198 Filed 9-3-04; 8:45 am]
BILLING CODE 7590-01-P